#113 Jason Flom with Herman Atkins
Wrongful Conviction
Lava for Good Podcasts
4.4 • 5.8K Ratings
🗓️ 5 February 2020
⏱️ 52 minutes
🧾️ Download transcript
Summary
Herman Atkins was a disciplined student athlete who enjoyed refurbishing old cars, growing up in the rigid household of a California highway patrolman. On January 25th, 1986, Herman Atkins was paying an auto mechanic for an engine rebuild when an armed robber stepped to the 2 men, grabbed the cash, and fled on foot. Herman grabbed the mechanic’s gun and chased the robber, firing warning shots into the air. The robber turned a corner, and Herman heard more gunshots. When he got to the corner, there were cop cars, and several people had been wounded by gunshots, including 2 police officers. Herman ditched the gun and retreated.
On April 8th, 1986, Herman Atkins is in Texas for the birth of one of his children, when an armed man entered a strip mall shoe store in Lake Elsinore, CA, forced the 23 year old female clerk to perform oral sex on him, ejaculated, leaving semen on her sweater, and stole $130 in cash and the clerk’s jewelry. When authorities caught up with Herman in November of that year while he was visiting family in Phoenix, AZ, Herman was finally made aware that he was wanted for both the January 25th incident and the Lake Elsinore kidnapping, robbery, and rape.
After multiple cross racial eyewitness misidentifications, a jailhouse snitch seeking leniency, and both police and prosecutorial misconduct, Herman was wrongfully convicted, sentenced to 47 years and 8 month in prison, and shunned by his father. After hitting the law books in prison and gaining the support of the Innocence Project, the semen stained sweater was tested for DNA, excluding and exonerating Herman. Despite this and his civil litigation victories, Herman was not truly whole again until mending the rift caused by what he describes as his father’s treason against the father-son relationship.
You can delve deeper into Herman’s story through the documentary “After Innocence” or in his book “Wrongfully Convicted, Rightfully Committed: The Reincarnation of Herman Atkins After 12 Years in Prison,” available soon wherever books are sold. He is also available for speaking engagements on the topics of judicial reform, the aftermath of exoneration, as well as his own story.
https://www.wrongfulconvictionpodcast.com/with-jason-flom
Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.
We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.
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Transcript
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| 0:00.0 | On January 25, 1986 in South Central Los Angeles, Herman Atkins, a disciplined student |
| 0:08.3 | athlete who enjoyed refurbishing low-rider Chevy's was paying a local mechanic for an |
| 0:12.7 | engine rebuild when a robber snatched the money and took off on foot. |
| 0:16.9 | Herman grabbed the mechanic's gun and chased the robber firing warning shots into the air. |
| 0:21.7 | The robber turned a corner and Herman heard more gunshots. |
| 0:25.5 | When he reached the corner, he happened upon another crime scene. |
| 0:29.0 | There were cop cars and people wounded and Herman frightened, ditched the gun and retreated. |
| 0:35.0 | After blanketing the area and questioning the mechanic, police wanted Atkins in connection |
| 0:39.1 | with the shooting and wounding of three people, including two police officers. |
| 0:43.5 | Something Herman would be totally unaware of until authorities caught up with him while |
| 0:48.2 | he was visiting family and venies in November of that year. |
| 0:52.5 | Fingerprints on the gun found at the crime scene did not match Herman, but with two newborn |
| 0:56.8 | sons and prosecutors promising a guilty verdict and a terribly long sentence, if he went |
| 1:02.0 | to trial, Herman pled no contest to the charges in exchange for a lighter sentence, but this |
| 1:08.2 | was just the beginning. |
| 1:10.1 | On April 8, 1986, while Herman Atkins' picture was being circulated by police in connection |
| 1:16.2 | with the January 25 incident, an armed man forced a 23-year-old store clerked into the |
| 1:22.0 | back room of her shop to perform moral sex on him in Lake Elson, or California. |
| 1:27.1 | A city Herman had never visited. |
| 1:29.8 | During the rape, the assailant ejaculated and wiped his seamen on her sweater, evidence |
| 1:34.8 | that would later clear Herman's name. |
| 1:37.3 | The armed robber and rapist fled with $130 in cash and the victim's jewelry. |
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