A man who spent four decades behind bars for raping a woman but has proclaimed his innocence ever since he was first incarcerated has been identified as the perpetrator by new DNA testing.
According to Summit County Prosecutor Sherri Bevan Walsh, DNA from Samuel Herring was found on clothing belonging to Phyllis Cottle from when she was attacked, stabbed in the eyes and raped in 1984. Specifically, Herring's DNA was found on the crotch of her pants and pantyhose. The results showed a 1 in 1 trillion match.
“One in one-trillion – this is over. It horrifies me that Samuel Herring put Phyllis Cottle’s family through this. He manipulated the people of The Ohio Innocence Project knowing full well he committed this crime,” said Walsh. “Although this vicious and brutal attack happened nearly 40 years ago, the pain and suffering for the family of Phyllis Cottle is still fresh. I also want to thank the members of my Conviction Review Unit for their dedication to justice and diligence in reviewing this case.”
The testing followed a last-ditch effort from Herring after his appeals were denied. In 2019, Herring reached out to the Ohio Innocence Project, claiming that he wasn't the attacker and a serial rapist was responsible. The prosecutor's office agreed to further testing, which ultimately showed Herring was responsible for the attack.
The Ohio Innocence Project said that it’s important to perform DNA testing in cases like Herring’s where the incarcerated person consistently claimed innocence and the crime scene evidence has not been tested with modern techniques.
Bevan Walsh said that back then, there wasn’t the technology available now, but even then, other evidence convicted Herring.
“Samuel Herring is clearly a liar; he is a horrible, horrible rapist. This was one of the most brutal cases we’ve ever seen in the history of this office," Bevan Walsh said.
News 5 and the Marshall Project contacted Cottle's family when we discovered DNA testing was underway, but no comment was made. Today, with the results being announced, the family made the following statement:
"We would first like to clarify that we did not decline to comment. We did not want to speak to the media or the Marshall Project when the claim of innocence from the attacker was first released because we did not feel it was appropriate to respond until the findings of the evidence was released because we had no doubt that the evidence would show that the attacker was, in fact, guilty.
We would also like to ask the Innocence Project/Marshall Project to vet any future cases more carefully and with better due diligence. We hope with a better due diligence, both Projects, as well as News Channel 5, will keep in mind that their actions affect others in ways that they may not realize or understand, including, but not limited to, the victim's families. The Innocence Project should not be the reason why victims of crimes are afraid to come forward.
In closing, we hope that this closes this chapter of any false claim of innocence from the attacker and there will be no further news coverage of such claims."
The Ohio Innocence Project said the testing worked as a "perfect model" to help prosecutors from having a case dragged out in court. The Ohio Innocence Project the statement below:
"According to data by the University of Michigan, nearly 3,500 Americans have been exonerated in recent decades after serving time for serious crimes they didn't commit. It is important to perform DNA testing in cases like Sam Herring's, where the incarcerated person has consistently claimed innocence and the crime scene evidence has not been tested with modern techniques. The Ohio Innocence Project (OIP) seeks DNA testing in cases such as this in an effort to get to the truth, and welcomes all test results. The OIP is thankful to the Summit County Prosecutors' Office and the Conviction Review Unit (CRU) for allowing DNA testing to proceed quickly in this case so that answers could be obtained without the matter being dragged out in the courts for years. The CRU acted as the perfect model for prosecutors who seek the truth, and in doing so, saved taxpayer money and years of litigation and uncertainty over potential DNA results."
Herring is up for parole again in five years. The prosecutor said that this would not help his argument and that there is no additional testing that could make any difference in this case.
The attack
On March 20, 1984, Cottle was leaving work when Herring approached her and forced her into her car. He then took her to an abandoned home owned by his family and raped her. He then tied her up, put her back in her car and stabbed her in the eyes, forever blinding her. Afterward, he set fire to the car, left her to die and ran off. Cottle escaped the car after he left and contacted the police.
RELATED: After nearly 40 years behind bars in Ohio, DNA testing is finally underway
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