Homer Herbert Found Not Guilty of Capital Murder of Two Year Old Child

MOBILE, Ala., Oct. 2, 2012 /PRNewswire/ -- Homer "Rock" Herbert, II was found not guilty of capital murder September 21, 2012 after standing trial in the death of a 2 year old child. Mobile attorneys Jerome C. Carter and Carvine L. Adams with The Cochran Firm represented Herbert who was accused of capital murder of Intrina Johnson, a child who had been left in Herbert's care by her mother.

On July 26, 2011 Intrina Johnson and her brother, Kayvon, were taken by their mother to the home of Homer Herbert, a neighbor and distant cousin. Herbert later told authorities that Intrina was not acting herself when she arrived and was clingy and lethargic. On Thursday morning, July 28, the child woke up drenched in sweat but went back to sleep after getting a drink of water. At approximately 10:30 that same morning, Herbert attempted to wake the child, but she was unresponsive. A call was made to emergency personnel who tried to revive the toddler. Intrina Johnson was pronounced dead at 12:50 p.m. in the ER.  

Homer Herbert was arrested by Escambia County District Attorney Steve Billy prior to the completion of the autopsy. He was charged with capital murder of Intrina who law enforcement officials said died of blunt force trauma resulting in severe damage to her internal organs. Herbert was indicted by an Escambia County Grand Jury on August 1, 2011 and taken to the Escambia Detention Center where he was held without bond until his trial a year later.

Jerome Carter with The Cochran Firm – Mobile said, "Homer Herbert was arrested and indicted for the death of Intrina Johnson without any evidence and before the autopsy was complete. We wanted to show that most of the prosecution's case was based on weak evidence and hearsay."

With the trial beginning September 19, Jerome Carter told the jurors that much of the evidence the prosecution would present were Mr. Billy's assumptions of how Herbert could have injured Intrina or how she died. The defense was able to show that while the cause of death was blunt force trauma, the child had suffered the trauma before coming to the home of Homer Herbert and the probable cause of the fatality was the result of improper CPR.

Carter said, "There were no visible signs of trauma present, and the child only had bruising on her chest as a result of CPR that was attempted before EMS personnel arrived at the house."

Carter cross examined the State's expert from the State Department of Forensic Science and was able to rule out shaken baby syndrome.  It was also established that rib break sites had Focal Necrosis and new bone growth, indicating the site was an old break.  Substantial subcutaneous bruising on the child's forehead was shown to be more than 48 hours old.

After two days of testimony and closing arguments, the jury took two hours to return a not guilty verdict for capital murder and a lesser included offense of manslaughter.

Carvine Adams stated, "We are proud of the result of this case. Our preparation and work let Homer walk out of this courtroom a free man, and he can now be with his family."

About The Cochran Firm
Founded over 40 years ago by famed attorney, Johnnie L. Cochran, Jr., The Cochran Firm, as it is known today, has established itself as one of the premier trial advocacy firms in the United States. With regional offices located in 16 states and the District of Columbia, The Cochran Firm is a diverse group of some of the most highly-experienced and respected men and women dedicated to bringing quality representation for injured people, their families and the ordinary citizen. Recognized nationally for their achievements in the courtroom, attorneys with The Cochran Firm have obtained litigation results which have significantly impacted the law, communities, and industry practices.

For more information about The Cochran Firm, contact our offices at 1-800- THE FIRM, or visit our website at www.cochranfirm.com.

SOURCE The Cochran Firm