By Derrick Pal and Danae Snell
SACRAMENTO — After nearly dying from a stroke, Defendant Herbert Highsmith became overwhelmed with guilt and remorse, and chose to face his past by admitting to his crimes of molestation here in Sacramento County Superior Court this week.
In 2008, Highsmith was placed under investigation for molesting his daughter (the victim) after she informed some friends of an incident involving inappropriate touching by the defendant.
However, the case failed to hold the defendant accountable because of lack of evidence and the victim’s inability to disclose the truth during a SAFE (Special Assault Forensic Evaluation) interview because of the overwhelming fear she experienced.
Nearly 12 years later, Defendant Highsmith broke his silence and apologized to his daughter for the trauma he had caused in her life.
On Sept. 20, 2020, Detective Patrick Thibeault from the Folsom Police Department received a phone call stating that there was “someone at the office who wanted to turn themselves in or admit to something that had happened many years ago.”
According to Det. Thibeault, “It was a Sunday, so detectives are not typically working that day, so I was asked to come in and speak with that person.”
When Detective Thibeault arrived, he began to speak with Defendant Highsmith and gather his confession from the crimes he escaped in 2008.
During this conversation, Defendant Highsmith confessed to multiple incidents involving the inappropriate touching and relationship between him and his daughter—who was five years old at the time.
Further investigation revealed that the defendant would also view pornographic material in the presence of his five-year-old daughter.
The mother of the victim and also the wife of the defendant was unaware of this insofar as she “would go to work around noon and Herbert would not go to work until 3 p.m. so there were time periods when she was gone,” according to Det. Thibeault.
Deputy District Attorney Stephanie Aarseth also summoned Detective Brian Mendenhall from the Folsom Police Department for additional context regarding statements from the victim.
When Defendant Highsmith entered the building to confess to his crimes, he was not alone. His daughter and his wife also entered to give their statements.
Det. Mendenhall’s interview with the victim revealed that on a walk between just her and her father—two days prior to their arrival at the police department—an unexpected apology came from her father about molesting her when she was younger.
Throughout the interview, the victim stated that “her memory was faded” in response to some of the more detailed questions about the incident, considering that it occurred over 12 years prior.
Although the victim was unable to remember every detail of these traumatic incidents, she informed Det. Mendenhall that she could recall “telling some of her friends about the sexual assault in 2008.”
According to Det. Mendenhall, he was unable to gather detailed statements because “she (the victim) was very emotional.”
In addition to interviewing the victim, Det. Mendenhall also questioned the victim’s mother a couple days later to gain more insight into the scope of the incident.
When Det. Mendenhall asked the mother when she became aware of the defendant’s inappropriate behavior between him and their daughter, she stated “it was after the walk that Mr. Highsmith and the victim took.”
The disclosure of this incident was described by Det. Mendenhall to make the mother feel surprised and upset.
Judge Steve White found that there was sufficient cause to find Defendant Highsmith guilty of committing 10 counts of lewd and lascivious acts with a child under the age of 14.
A trial will go forward March 26, although the defendant confessed to these crimes and made the comment, “My daughter said there are things that I did, but I do not remember. I believe what my daughter says because she is a good person and she would not lie.”
Derrick Pal is a fourth-year student at Sacramento State majoring in Criminal Justice and pursuing a minor in Sociology. He is from Elk Grove, California.
Danae Snell is a senior at Sacramento State majoring in Criminal Justice and is from Salinas, California.
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