Sat, Nov 21 2009
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Jury acquits man of sex abuse charge Defendant guilty of misdemeanor charge By BRAD DICKERSONGlasgow Daily Times Cindy Taylor, a sexual assault nurse examiner at T.J. Samson Community Hospital, said no traces of semen were found and there were no tears or injuries to the alleged victim’s vaginal area.
A rape kit was performed, which included blood samples and vaginal swabs. An external swab of blood from Herrington’s penis was also taken. A semen sample from a pair of his long underwear, taken from the residence, was also sent for analysis. Forensic scientists with the Kentucky State Police labs testified that no semen or saliva was found on the girl’s samples, no drugs or alcohol were found in her blood or urine samples and no DNA foreign to Herrington was found in his blood and semen samples. The blood from his penis was determined to be his own. Regarding the victim’s blood sample, Taylor said it was not drawn until 2 p.m. on March 22. She also indicated that, in her notes, she had written that the teen told her she’d been assaulted for one to two hours, as opposed to the four hours the girl had said while on the stand. During cross-examination by defense attorney Paul Vanni, the girl said she’d spent three months in a residential home prior to the alleged sexual abuse. She told Vanni the stay was due to defiance issues with her father, as well as occasional instances of lying. A witness called by assistant commonwealth’s attorney Traci Peppers, was a former Barren County Correctional Center inmate, who testified Herrington had admitted to getting the girl drunk and having sex with her. Jon Michael told the jury he was sent to jail in March after pleading guilty to drug possession charges and failure to register as a sex offender. He was released to a Louisville halfway house at the end of June. Michael said he had previously pleaded guilty to first-degree sodomy when he was 19. The victim was 24. He had also testified for the prosecution in the July rape trial of Robbie Scott, who was found guilty of raping a 9-year-old girl. Michael said he was sickened by both Scott’s actions and Herrington’s alleged ones. “I’m here because of what (Herrington) said,” Michael testified. 
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