Evidence of previous harm allowed in baby smothering case

Evidence of previous harm allowed in baby smothering case

While investigating the murder case against 25-year old Kenneth Herbst, prosecutors say they learned of a prior crime. Judge H. Chris Ryan ruled Friday that the evidence can be presented in the LaSalle man’s trial. Herbst is accused of smothering his eight-week old son to death two years ago.

Assistant State’s Attorney Greg Sticka says the evidence concerns harm Herbst allegedly did to the boy sometime before the child died. Herbst was never prosecuted for it, because police didn’t know.

Judge Ryan may set a trial date when Herbst is in court again next Friday.