Murder suspect’s sister says her brother is not being adequately represented by legal counsel

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Tesseran Herry says her brother doesn't really understand the gravity of the allegations against him. (PNC photo)

Katner Herry may take a plea deal but this was news to his sister Tesseran Herry who spoke with PNC, saying she believes her brother isn’t being effectively represented by legal counsel.

Katner Herry has been accused of the murder and rape of his cousin Lucianna Polly. And his attorney Terrance Timblin doesn’t want to take a chance by fighting the allegations at trial. He wants Katner to take a deal but Katner’s sister Tesseran stands by her brother’s innocence.

“It couldn’t be my brother, my brother was home. You know, my dad is bed-ridden. He’s the one that changes the pampers, helps my mom out to carry him down on the wheelchair, and pick him up to eat. That’s why those videos that they’re saying claiming it’s him, I don’t even believe it’s him. I know for a fact he’s been home all day,” Tesseran said.

Tesseran said is appalled by the representation her brother is currently receiving.

“If he’s not going to do anything to help, then I don’t think he should be the one to represent my brother. My brother needs someone who could, you know, tell him what’s wrong in the case and help out to prove his innocence, not just look at the paper and say oh you’re guilty, you have to plead guilty because you have to,” Tesseran said.

Taking the government’s Alford plea means that despite investigation suggesting that there is another assailant and Katner blacking out, he will accept responsibility to avoid the chance of conviction. With the deal, Katner would face 10 to 20 years behind bars.

“It just breaks my heart. If that lawyer is trying to put him away for something that he didn’t do, he should just walk away from the case and let someone that can help him prove his innocence,” Tesseran said.

But only Katner can request for the removal of his current legal counsel and unfortunately, his family doesn’t have the money to hire a lawyer.

“The world is, you know, it’s all about the money. We’re not rich, we can’t afford that kind of lawyer to really fight it. But if I did, I would fight to the end to prove my brother’s innocence. I will just pray that God guides whoever is representing my brother and show him light to where he can find the truth to everything that’s going on and just help him,” Tesseran said.

When PNC asked Tesseran what she would say to her brother right now if she had the chance to say it, Tesseran answered: “I would tell him never to lose hope and not to give up because we have to just pray that the truth comes out and may God be on his side.”

She added that she doesn’t want her brother to take the plea deal.

“I want him to fight for what’s right for him for what’s the truth. Not to get the blame if he knows in his heart it’s not him. He needs to fight, not to give up. I don’t want him being in there for 20 to 40 years and whoever did this is out there enjoying life. How can he or she live with being out here and not taking responsibility for whatever he or she did?  God is the judge for everything … that’s all I can say,” Tesseran said.

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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.