A man that was convicted of three murders, and sentenced to 78 yrs; However on appeal he was successful in his appeal.
The Six Circuit Court of Appeals stated that Herzog was physically exhausted, deprived of food, and when he tried to invoke his right to remain silent-none of the detectives cared. Also the Court in its ruling said that Herzog was interviewed over several days, in which he was given no food, and unable to invoke his rights.
The San Joaquin County District Attorney went to Herzog's boyhood friend Wesley Shermantine, who remains on death row for four murders, was approached by the DA to get him to assist them with trying to keep Herzog in prison by cooperating with them; He refused.
Herzog will be released in September 2010, and will be under parole watch with an ankle bracelet which is a GPS device to monitor his movements, and the Parole Officials said they would take extra steps, but were clear to say that the ruling made by the Sixth Appellate court, had no reflection on them nor was it their fault saying:
"This is not something we decide," Patiño said. "It is a calculation that is created by California law."
The justice system in the United States is perverse sometimes, in that the wrong guy gets out because of a technicality, or you have stupid police men not following procedure, and thus there lye's the reason as to why he will be set free. I am not attacking the Sheriffs, but it is stupid to not let this guy invoke his rights, he still would have been convicted because what did. Not feeding him, and keeping him up for several days making him exhausted was equally stupid, police officials are supposed to know the rights they protect, and in this case it was the police who caused this man to be set free.
It is said he was involved with 5 murders, this is another OJ Simpson case, where the police were doing what they thought was right, but they forget their responsibility as peace officers. A person who commits horrific crimes in the United States of America are protected by several parts of the Constitution, one being to invoke the right to remain silent, ie:the Miranda warning. The reading of the Miranda, does not mean that a police officer once he has read it, he has fulfilled his duties under the warning. Instead it applies until he is taken to court. We apply the idea everyone is innocent until proven guilty; thus they are entitled to hearing of their peers, the right to invoke remaining silent, and no matter how horrific the crime is, they still enjoy all the rights of a regular person until they are convicted or found guilty by a jury of his peers.
As far as the Baxter done comment if the tapes of the interrogation would show that none of the things the appellate court considered; Then why was the tapes not introduced? I am sure the appellate Court did not want to let this guy, out, but when peace officers who are sworn, and given extraordinary powers the surely must know that their actions years to come, could someday affect the whole outcome of the circumstances. Herzog is proof positive of this notion.
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