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FOR IMMEDIATE RELEASE                                                           MARCH 28, 2006

Fantasy Fest Rapist Gets 20 Years

Acting Circuit Judge Wayne Miller today hit a rapist with a 20-year prison sentence for his sexual battery on a young woman during Fantasy Fest in 2002.

And Manuel Herbert, 22, hit back.  Enraged upon hearing his sentence, he raised his fists and shouted profanities at Assistant State Attorney J. T. Gorman, he smashed the fingerprinting table and was finally subdued and handcuffed by court bailiffs.

Identified by Judge Miller as a “habitual violent felony offender,” Herbert will serve 10 years of his two-decade sentence with no “gain time” – reduced jail tenure for good behavior.

Herbert was convicted of the sexual battery by a Key West jury on February 16.

On the evening of October 27, 2002 Herbert met a young woman at the Epoch nightclub in Key West and plied her with drinks. When she said after several cocktails that she felt dizzy, Herbert offered her a ride home.

But Herbert did not take her home.  Instead, he put her in his car, drove to an unknown location, stripped his victim of her clothes and raped her.  In her inebriated state, she said she was unable to resist physically, but insisted that Herbert stop.  He did not.

When he had finished, Herbert kicked the woman out of his car and took off.

In what turned out to be a stroke of extremely bad luck for Herbert, DNA found on his rape victim matched that in his DNA profile in The Florida Convicted Offender Database.  Forensic experts say that the odds of making such an identification are astronomically small.

Herbert’s victim, who was 21-years-old at the time of the crime, testified at today’s sentencing hearing.  Recounting the crime with tears wetting her face, she said, “I think about it every single day.”

J. T.  Gorman prosecuted the case for State Attorney Mark Kohl.  “It was clear to our office that Herbert was a violent menace who needed to be behind bars and not on our streets.  We were pleased that Judge Miller agreed.”

Last modified: 10/23/07                    

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