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The People vs. Erotic City

Continued from page 3

Published on March 25, 2008 at 3:10pm

An unmoved Vratil rejects the plea agreement. Herd switches his tone. He proclaims himself ready for trial "as long as all the evidence gets to come out."

"You're telling me you aren't guilty?" Vratil asks again.

"I can't say any more," Herd says.

Vratil suggests that Dent talk to his client because he "apparently claims he is innocent."

Dent talks animatedly to Herd, who nods his head. Dent tells Vratil that Herd wants to withdraw his guilty plea.

When court adjourns, Shorty hurries out of the courtroom with the bikers.

A smiling Herd turns to his rows of supporters. "Love you guys," he says. Two rows of people wave to him as the marshals lead him away.

"There she is," a biker shouts as Shorty walks up the stairs of the federal courthouse in Kansas City, Kansas. With arms open, Shorty dashes toward the members of Bikers Against Child Abuse. Dressed in jeans, a jacket over her T-shirt, Shorty hugs each biker. She is back at the courthouse on the warm morning of March 19 to hear prosecutors' latest plea deal with her stepfather.

She appears happier and more confident than she did a month ago. Shorty and the bikers form a jangling procession of leather and metal as they flood the halls on the way to the prosecutor's office. They march past Kindra Herd, who is sitting on a bench outside the locked courtroom. Minutes later, the bikers fill up two benches when the courtroom doors open. Shorty vanishes into the back row of bikers.

Herd is already waiting at the defense table in the courtroom. He fidgets with a crumpled piece of legal paper while he and Dent, his attorney, read over the new plea agreement.

Herd has agreed to serve a sentence of 21 years and 10 months, nearly four years longer than his original plea.

When the hearing begins, Vratil asks Herd to explain his cryptic comments at the February hearing about his supposed innocence. Herd calls it a "misunderstanding." He says he was scared. "I really wish it would have happened that day," Herd says of his sentencing. "And she could get on with her life and get counseling."

Vratil says she wants to consider the deal and can't guarantee she'll accept it. Herd says he wants Shorty to get the counseling she needs. He also wants to get treatment. "I just want a chance to rehabilitate myself," Herd says.

Martin, the prosecutor, then reads Herd's crimes to the courtroom. Herd lowers his head. Kindra Herd stares, stone-faced, at her husband's back. Vratil asks Herd if he disputes any of the government's facts.

"No, your honor," he says.

"How did you get the victim to go with you?" Vratil asks.

Herd claims that Shorty knew what she was going to do. "She didn't know about the video camera," he says.

Vratil asks Herd if he ever threatened Shorty's life. He looks around the courtroom, confused. Vratil says Shorty mentioned the threats in a letter to the court. "I have no excuse for why it started or why it happened," Herd says.

Finally, Herd picks up a pen and signs the plea petition. Just before court adjourns, Vratil tells prosecutors to come to the yet-unscheduled sentencing hearing ready "to impress the court."

Looking somber, Herd shuffles out of the courtroom in chains. He cocks his head to one side to look at his wife, who stands without expression behind the wooden partition.

With Vratil considering Jesse Herd's fate, Shorty looks relieved that she won't have to testify at trial. "Well, that was somewhat smooth," she says while walking out of the courtroom. One of the bikers, she says, had to restrain her while her stepfather spoke.

They offer to take her to lunch. They walk out, Shorty surrounded by the clan of bikers.

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