Injustices and Constitutional Violations in the Case of Jerry Herron
Legal and Moral Imperatives of Jerry’s Case
We believe that by clearly and concisely presenting the legal ramifications of Jerry’s case, we can reach both the legal community and the citizens of Stuttgart and Arkansas. Our goal is not to reargue the case but to present mitigating evidence and expose the truth behind Jerry’s conviction.
We highlight the following critical points:
Juror Misconduct
Self-Defense Justification
Constitutional Violations
Co-ercive Plea Deal
Failure to Instruct on Manslaughter
Procedural Errors in Lower Courts
Ineffective Assistance of Counsel
Inconclusive Bullet Testing
Juror Misconduct
The 14th Amendment guarantees a fair and impartial trial. Juror misconduct during voir dire, particularly involving a juror with a personal tragedy similar to the case, severely compromised Jerry’s right to a fair and impartial trial as well as his constitutional rights.
Inconclusive Bullet Testing
When testing was done to see which gun killed Landers Stigger, the results from the crime lab reveal that neither weapon tested could be eliminated or confirmed as the bullet that resulted in the death of the victim, Landers Stigger. For years, Jerry has never received definite results declaring that he was responsible for this crime, as both Jerry and his Co-defendant Torry Timmons were charged with capital murder before the trial. At the end, Jerry was sentenced to Life for First-Degree Murder. His co-defendant was sentenced to (20yrs) for Second-Degree Murder. We do know that (2) shots were discharged from Jerry's gun during the struggle for possession over the weapon that he was engaged in with the passenger of the car, who wrote multiple statements about the fight over the gun that Jerry pulled in self-defense. See the full autopsy report HERE.
Self-Defense Justification and No True Confirmation of killing Landers
Jerry plead self-defense where the worst conviction he would have received was manslaughter, yet he was convicted of first-degree murder. The report also states that the victim, Landers Stigger died from a bullet wound to his left back side, which was where Jerry’s co-defendant, Torry Timmons was exchanging fire with Landers (from behind the vehicle on the left side - Landers was in the driver’s seat) before Jerry even pulled his gun out in self-defense from the passenger side of the car. Jerry pleaded self-defense and thought the worst he could get was manslaughter, yet he was convicted of first-degree murder without a fair consideration of this defense.
Jerry and his public defender decided to advance, and did receive the justification defense at trial. This meant Jerry would have to take the stand and testify to the events that resulted in the death of the victim. Pleading self-defense in Arkansas has a criteria threshold that the evidence must cross for the trial judge to follow the law and present the instruction for the use of deadly force to the jury. The statue is clear that Jerry and his attorney would only have to show that Jerry feared for his life and was in danger. Jerry was under imminent threat by a brandished weapon being fired by the victim and could not safely retreat. This is the testimony Jerry presented that ultimately lead the trial judge to present the instruction to the jury for consideration.
Co-ercive Plea Deal
24 hours before trial, Jerry was offered a plea of 30 years on second-degree murder, which carries 7 years before being eligible for parole. This plea was offered before Jerry and his public defender even discussed the details of the crime. Jerry did not take the plea offer and proceeded to trial.
In any given year, 98% of criminal cases in the federal courts end with a plea bargain — a practice that prizes efficiency over fairness and innocence, according to a new report from the American Bar Association. Read more about plea bargains HERE.
Ineffective Assistance of Counsel
Jerry’s defense was marred by procedural errors, including failures in the authentication of evidence and other critical trial aspects. His public defender was representing over 88 other felony clients and did not have any strategy prepared to support Jerry’s admission of self-defense at all.
Constitutional Violations
The 14th Amendment guarantees a fair and impartial trial. Juror misconduct during voir dire which is questions asked to the jury to disclude them from serving, involving a juror, whose son was murdered, a personal tragedy similar to the case, severely compromised Jerry’s right to a fair and impartial trial.
Procedural Errors in Lower Courts
The Anti-Terrorism and Effective Death Penalty Act (AEDPA) limited Jerry’s ability to pursue these claims on appeal, further entrenching the injustice.
Failure to Instrust the Jury on the Lesser Included Offense of Manslaughter
The interesting language of the Statue “Failure to Instruct the jury on lesser included offense of manslaughter by the slightest evidence, extreme emotional disturbance A.C.A. 5-10-104” is that you can't have one without the other. For the trial court to decide that someone can fear for their life, but not be emotionally disturbed is the sole reason why Jerry is in prison today, advocating for justice.
This statue was the first law that fueled his hope for release! In this law alone, Jerry’s attorney presented all the evidence to have the jury instructed on manslaughter; however, the trial judge refused to instruct, knowing that based on the elements the jury would have found Jerry guilty of the lesser included offense of manslaughter. A manslaughter sentence carries 10 years with the possibility of parole in 2 years on good institutional behavior. This was also the basis for Jerry’s ineffective assistance of counsel claim that was dismissed for verification.
Sign Jerry’s Online Petition
Please join us in this crucial advocacy effort by signing and sharing Jerry Herron’s petition on Change.org. Your support can make a significant difference in Jerry's life and help promote a more just and humane criminal justice system in Arkansas and beyond. Together, we can work towards a future where second chances are possible, and justice is truly served.
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