Topeka therapist found not guilty of sex crime. DA Mike Kagay defends prosecution.
For more than two years, licensed Topeka therapist Julie Herron faced a felony charge alleging unlawful sexual relations with a patient.
On Friday, the 53-year-old Herron was found "not guilty" by a Shawnee County District Court jury that had deliberated less than 30 minutes, said one of her attorneys, Tom Bath.
"In 35 years of trying cases I cannot recall a faster 'not guilty' verdict," he told The Capital-Journal on Monday. "Clearly the jury found nothing about the state's case believable."
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Shawnee County District Attorney Mike Kagay defended his decision to prosecute the case.
"I will never apologize for believing survivors, nor will I ignore my responsibilities as a prosecutor," Kagay said. "Regardless of the difficulties inherent in proving sexual allegations, I will continue to fulfill my duty in pursuing the cases that meet our charging standard."
Kagay noted that a Shawnee County District Court judge in March 2021 bound Herron over for trial after concluding probable cause existed to believe a crime had been committed.
Kagay also questioned Bath's assertion that Friday's deliberations lasted less than 30 minutes, saying they began shortly after 4 p.m. and the verdict was read shortly before 5 p.m.
Accuser filed a civil suit against therapist that was later dropped
Kagay's office in July 2020 charged Herron with one felony count of having unlawful sexual relations with a patient 16 or older. She was booked into the Shawnee County Jail, then freed on bond.
Police and prosecutors alleged a crime was committed as Herron worked in 2015 as a therapist for Florence Crittenton Services of Topeka Inc., a nonprofit residential treatment facility for at-risk girls and young women at 2649 S.W. Arrowhead Road.
Herron's accuser, who had been a patient of Herron's in 2015, lived in California when she made the allegations nearly five years later.
"Julie met with police and provided them evidence of her innocence," Bath said. "Police failed to properly investigate and submitted deficient reports to the DA’s office, which then wrongly charged Julie."
Shawnee County District Court records show Herron's accuser also filed a four-count civil suit in January 2020 against Herron and Florence Crittenton Services.
That suit was dismissed in March 2021 in response to a joint motion from the parties involved, court records say.
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'The jury did not find it sufficient to meet our burden'
The criminal case against Herron remained in progress more than 27 months for reasons that included the COVID-19 pandemic and efforts by Herron's attorneys to get the case dismissed.
Herron was among those who testified at her trial, which lasted four days, Bath said.
"The state presented the available evidence," Kagay said, "and the jury did not find it sufficient to meet our burden."
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Attorney: Herron has been 'really darned strong''
Bath and Vanessa Riebli, Herron's other defense attorney, are former Johnson County prosecutors who work out of Johnson County.
Bath was among attorneys who represented defendant Dana Chandler at a recent Shawnee County District Court trial, which ended with jurors remaining deadlocked over charges she faced of two counts of first-degree murder.
Bath said he hoped Friday's acquittal would be a major step in repairing the reputation of Herron, who continues to work as a therapist and has suffered personally, professionally and financially.
Herron has been "really darned strong" throughout her ordeal and has gotten a lot of help from family and friends, Bath said.
Herron declined to speak to The Capital-Journal.
Contact Tim Hrenchir at 785-213-5934 or threnchir@gannett.com.
This article originally appeared on Topeka Capital-Journal: Topeka therapist found not guilty in felony sex crimes trial
