Herman May says he wants a jury trial in his latest brush with the law involving allegations he assaulted his girlfriend.
May - who gained notoriety after DNA evidence freed him in a rape case - was arrested Aug. 18 on domestic violence charges and charged with fourth-degree assault for allegedly shoving his girlfriend down and jumping on top of her, according to a Frankfort Police report.
Chris Olds, May's defense attorney, Tuesday said the commonwealth's offer of a 90-day sentence in exchange for a guilty plea with 30 days to serve in jail and 60 days to be suspended "was ridiculous" in this case.
"I think Herman's innocent of these charges," Olds said in Judge Tom Wingate's Franklin District Court where May appeared at a preliminary hearing.
"Anytime someone is innocent of a crime, he shouldn't have to spend one day in jail. We would not have accepted one day to serve."
May said in an earlier interview with The State Journal following his arrest on the assault charge that he was the one who made the 911 call that led police to his door.
May said the entire incident was based on a "big misunderstanding" in which his girlfriend was angry and refused to leave, so he called 911 hoping someone would remove her from the residence.
Daryl Hensley, Frankfort's 911 director, said in an earlier statement regarding the incident that May did not speak directly to the dispatcher, and that police responded to the scene as an "open-line" call.
Hensley also said when he listened to the tape of the incident, it's obvious May and a female are arguing but he didn't hear any obvious evidence of a physical altercation.