FORT LAUDERDALE (CBSMiami) – A convicted killer spent an hour explaining to a judge why he shouldn’t be executed.

James Herard, 25, who was convicted for a string of Dunkin Donuts robberies and sentenced to death by a jury for provoking the execution of a man, on the way to work, denies he is a criminal.

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Herard testified at a Spencer hearing Friday at the Broward courthouse.

The hearing is held in death penalty cases to afford defendants an opportunity to present any testimony before a judge makes a final ruling.

“I wasn’t there,” Herard told Judge Paul Backman.  “I’m guilty of having friends in gangs but I’m not a gang member.”

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Herard said he was a church goer who was not a saint.

“I’m guilty of running a red light and going through a stop sign but I’m not a killer.”

The hearing will continue September 22.


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