Justin Herr was arrested in 2011, accused of inappropriately touching his then 15-year old daughter. There was no physical evidence to corroborate the accusations and the daughter went back and forth on whether the accusations were true. Threatened that his wife would be charged with aiding and abetting and lose custody of their children if he did not take a plea, Mr. Herr pled guilty to indecent liberty with a child with a sentence requiring registry as a sex offender and GPS monitoring for LIFE.
Mr. Herr’s daughter has come forward and stated that she tried to recant her accusations before her father was convicted, but she was told by the State that it was too late and the case was going forward. She asserts that she made the false accusations because she was young, she was angry with her father for being strict with her, and she wanted to go live with her aunt. In recent months, the victim has signed a notarized affidavit fully recanting all accusations and both the victim and Mr. Herr have passed polygraph examinations. The polygraph examiner has reported that the chance of both parties passing and the results not being accurate is 1%.
A hearing on behalf of Justin Herr was held in May 2019. A positive outcome would have allowed him to be removed from lifetime GPS monitoring and sex offender registration. Unfortunately his motion for relief, based on a complete recantation by the alleged victim and a claim of ineffective assistance of counsel, was denied. However, in light of the August 2019 Grady decision by the NC Supreme Court, the Center immediately filed a motion to have Justin’s monitoring device removed and the Rockingham County DA’s office consented. We have also filed a Petition for Writ of Certiorari with the Court of Appeals.