Overview of TJ Weekly - Mark Herman
This episode of Undisclosed: Toward Justice centers on Mark Herman, who was convicted in Florida for a 1976 Palm Beach murder he says he did not commit. The conversation traces how the case was built on questionable witness testimony, jailhouse informants, and a theory the defense says was impossible, then follows Herman’s decades-long fight for full exoneration—not just release from prison. Herman, now 80 and in poor health, joins the episode with his sister Julie Gibson, who has been helping compile the record and advocate for his innocence.
Case Background
- On January 16, 1976, Richard Kroesler (the transcript alternates names slightly) was shot at his Palm Beach home and died 13 days later.
- Herman was not arrested until about two years later.
- The state’s theory was that Herman had been hired to attack a neighbor, went to the wrong house, and accidentally killed the victim instead.
- Herman says that theory made no sense because:
- the supposed target lived in a different type of house,
- there was no real motive tying him to the victim,
- and the physical evidence did not match the weapon he owned.
Why Herman Says the Conviction Was Wrong
The prosecution’s evidence was thin and heavily incentivized
The case against Herman relied mainly on:
- Ronnie Gates, a friend and associate who allegedly pointed the police toward Herman after being pressured himself.
- Jailhouse informants who claimed Herman confessed while in custody.
- Evidence that Herman says was later disproven or shown to be unreliable.
Herman argues:
- Gates was not charged after cooperating.
- The jailhouse informants were coached or incentivized.
- One informant was secretly given a TV so his testimony could be coordinated.
- Another informant had a deal in which he would avoid the death penalty if he testified against Herman.
Defense failures
Herman says his original trial attorney:
- did not present a defense case,
- did not call alibi witnesses,
- and chose to preserve extra closing argument time instead of challenging the state’s witnesses.
Herman also says he had an alibi witness pair who could place him elsewhere, but they were never used.
The Jailhouse Informant Recantations
One of the most striking parts of the story is that three jailhouse informants later recanted publicly on Geraldo Rivera.
- Herman had been writing to the media and pushing the case from prison.
- When the recantations aired, Herman and other prisoners celebrated because it appeared the prosecution’s key witnesses were collapsing.
- According to Herman, the recantations exposed how fabricated the testimony had been.
The Weisman Report and Political Pressure
Julie Gibson and Herman discuss a later internal review by Weisman, an assistant state attorney:
- The report reportedly acknowledged weaknesses in the case.
- But, according to Julie, the prosecutor’s office did not want to reopen the matter because it would make the original conviction look wrong.
- She says officials were concerned about careers and reputations, especially since several people involved were seeking higher office.
Why Herman Was Released, But Not Exonerated
Clemency in 1992
Herman was eventually freed in 1992 after a clemency process:
- A later attorney, Sharon Stedman, took up the case.
- She investigated further and found support for Herman’s innocence claim.
- The clemency board and governor voted unanimously to release him.
- He had served about 15 years in prison.
But no exoneration
Even though he was released:
- his conviction was not overturned,
- he was not formally declared innocent,
- and the record still shows him as a convicted murderer.
That unresolved status is the core reason the family is still fighting.
The Victim’s Family Changed Sides
A major turning point was that one of the victim’s daughters came to believe Herman was innocent.
- At first, the family was divided.
- She eventually pushed for a full re-examination.
- The family conducted its own investigation and reviewed the defense files.
- After seeing the evidence, they came to believe Herman had been wrongfully convicted and began supporting his fight.
Current Status and What’s Needed Now
Herman and Julie say they are still seeking a formal exoneration.
What they need
- A lawyer with the resources and conviction to take the case back to court.
- Public support and possibly a Florida attorney willing to review the file.
- Continued pressure to treat the case as a wrongful conviction, not just an old release.
Why it matters to them
- Herman says he wants his name cleared for his family and his son.
- Julie says she cannot “let go” of what she views as a profound injustice.
- They emphasize that dying with the conviction intact would leave the wrongdoing uncorrected.
Additional Notes
- Herman says he wrote a book, Rape Prevention Recipes, while in prison to raise money for his legal fight.
- The episode also points listeners to an online petition and supporting materials for the case.
Key Takeaways
- The conviction rested on dubious informants and a theory Herman says was physically and factually implausible.
- Public pressure and politics appear to have influenced the handling of the case.
- Herman was released through clemency, but never exonerated.
- The fight continues because Herman and his family want the official record corrected, not just the sentence completed.