MUNCIE, Ind. -- The Indiana Court of Appeals recently rejected the appeal of 55-year-old Kenneth Herbert after he was convicted of murdering his wife.
After three hours of deliberation in August 2023, a Delaware County jury convicted Herbert of murdering his wife in 2016. According to previous reports, an autopsy on Kimberly Herbert revealed she died after multiple traumatic blunt-force injuries, as well as a lacerated liver, multiple hemorrhages, abrasions and contusions to her head, neck and torso.
After the conviction, Kenneth Herbert was sentenced to 65 years in prison. Kenneth Herbert then appealed, claiming that there was "insufficient evidence" for a jury to convict him for murder.
According to the ruling from the Indiana Court of Appeals, Kenneth Herbert claimed that there were three issues for review, including:
- Whether he was denied his right to due process when a witness gave allegedly false testimony at trial
- Whether the trial court violated his right to confront witnesses under the Sixth Amendment to the United States Constitution when it restricted his cross-examination of a witness at trial
- Whether the State presented sufficient evidence to support his conviction.
In the court's decision, they ruled that nothing about the testimony provided in the trial denied Kenneth Herbert's right to a fair trial. They also ruled that he was not denied his Sixth Amendment right to cross-examine that witness and that the evidence was sufficient to show that Kenneth Herbert "knowingly or intentionally killed" his wife.
“I am thrilled for Kimberly and her surviving family," Eric Hoffman, the prosecuting attorney for Delaware County, said in a news release. "Justice continues to be served in this case. Moreover, the women of the world are much safer with Kenneth Herbert behind bars."