Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
25 years |
Years Imprisoned: |
4 |
Year Crime: |
2007 |
Year Convicted: |
2007 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
Cook |
City of Crime: |
Chicago |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"John Herman, a 20-year veteran of the Chicago Police Department, was wrongly convicted in December 2007 of sexually assault, kidnapping, and official misconduct related to the alleged rape of a woman in 2004 in Chicago. Herman's prosecution was based on the testimony of his accuser, and DNA testing of sperm that matched his DNA. Herman's defense was the sex was consensual. Herman waived his right to a jury trial. Although the woman's testimony was inconsistent and she admitted smoking six to eight "rocks" of crack cocaine, Cook County Circuit Judge Joseph Claps found Herman guilty. Herman appealed. On March 1, 2011 the Illinois Court of Appeals reversed Herman's conviction and ordered his acquittal on the basis the prosecution introduced insufficient reliable evidence to prove his guilt beyond a reasonable doubt. Prior to Herman's exoneration, the woman had filed a federal lawsuit against the City of Chicago that was settled for $1.5 million. In 2015 Herman filed a lawsuit in state court against the woman that alleged malicious prosecution, defamation, and abuse of process for his involvement in his false prosecution. On June 6, 2016 Herman was awarded a default judgment of $4.5 million when the woman didn't file an answer to his lawsuit or appear in court." |
Conviction Caused By: |
Perjury by the alleged victim. |
Innocence Proved By: |
"On March 1, 2011 the Illinois Court of Appeals reversed Herman's conviction and ordered his acquittal on the basis the prosecution introduced insufficient reliable evidence to prove his guilt beyond a reasonable doubt." |
Defendant Aided By: |
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Compensation Awarded: |
"$4.5 million (Accuser, 6-6-2017) " |
Was Perpetrator Identified? |
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Age When Imprisoned: |
42 |
Age When Released: |
46 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Illinois v John Herman, 945 NE 2d 54 (Ill. Ct of Appeals, 1st Dist., 2nd Div, March 1, 2011)" |
Information Location 1: |
http://www.state.il.us/court/opinions/AppellateCourt/2011/1stDistrict/March/1080323.pdf |
Information Source 2: |
"Appellate Court overturns Chicago cop's '07 rape conviction, By Becky Schlikerman (staff), Chicago Tribune, March 3, 2011" |
Information Location 2: |
"http://www.chicagotribune.com/news/local/breaking/chibrknews-chicago-cops-rape-conviction-overturned-20110303,0,2208074.story" |
Information Source 3: |
"Ex-cop whose conviction was overturned wins $4.5 million judgment against accuser, By Steve Schmadeke, Chicago Tribune, June 9, 2017" |
Information Location 3: |
http://www.chicagotribune.com/news/local/breaking/ct-former-sergeant-default-judgment-met-20170609-story.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org