Texas man wrongly put away for 18 years denied compensation after legal glitch

sandmangeck · #1 02-17-2011, 06:25 AM

http://news.yahoo.com/s/yblog_theloo...r-legal-glitch

All I can say, is that I would be considering earning a place on death row.

DwaynieAD · #2 02-17-2011, 06:45 AM

the way the story reads it doesnt seem to me like they are saying "eff him." it seems to me that he slipped through a loophole and now the loophole seems to be getting looked at. they are following what the law says, and it is unfortunate, the results

Dr. Cheese · #3 02-17-2011, 06:52 AM

IMO, many prosecutors are petty, ego maniacs, who would rather ruin someone than admit hey made a mistake. Being lawyers, I don't think what they did was accidental. They had to let the man go, but they couldn't resist screwing him one more time.

Clark Dark · #4 02-17-2011, 07:31 AM

seems like it's a case destined for a higher court. After 18 years and 14 years on death row and they can't include two words (actual innocent) so he can be compensated for the eggregious wrongful incarceration and punishment. Their actions also destroyed his reputation and status in the neighborhood. This is terrible, the man could've been killed either by execution or another prisoner. I can see Dershowitz or another lawyer of his ilk getting this guy his just due.

**nutdog** · #5 02-17-2011, 07:40 AM

Do courts ever use the term "actual innocence"? I thought it was guilty or not guilty. This isn't a case of proof with DNA evidence. Just overturned by appellate court and dropped. He may be guilty.

The new DA says "I’m willing to testify to the fact that we believe he’s innocent," she said. "I’ve signed an affidavit. I’m not sure what we are supposed to do to make it happen."

I agree with Cheese that many lawyers see it as a game to be won instead of making sure justice is done. Those who falsified evidence should not be protected by tort reform laws. Looks like he's getting hosed.

Stu L. · #6 02-17-2011, 08:31 AM

Ok, I'll be the ass here. Where in the world do they figure this man would have made $80k annually? I've not looked into average wages and so forth, but that seems way out of line. Not saying he wouldn't have made that much, but seeing how many highly educated and "professional" people I know that don't make that much makes me a skeptic. I know I make no where near that. Coupled with the fact that he hasn't had to worry about making money for room and board (sarcasm) and no concerns about the economy, I say this is pure BS. Flame me, hate me, whatever. $1.4m? Yeah right.

He was wronged. A payday can't solve that.

SharkUSMC · #7 02-17-2011, 08:37 AM

Quote:

Originally Posted by Stu L.

Ok, I'll be the ass here. Where in the world do they figure this man would have made $80k annually? I've not looked into average wages and so forth, but that seems way out of line. Not saying he wouldn't have made that much, but seeing how many highly educated and "professional" people I know that don't make that much makes me a skeptic. I know I make no where near that. Coupled with the fact that he hasn't had to worry about making money for room and board (sarcasm) and no concerns about the economy, I say this is pure BS. Flame me, hate me, whatever. $1.4m? Yeah right.

He was wronged. A payday can't solve that.

If you cannot comprehend why, the only way you might be able to fathom it is if you are subjected to the same treatment. I hope for your sake you never are able to comprehend why this would not even come close to full compensation.

MJ5150 · #8 02-17-2011, 08:49 AM

I love the Tim Cole reference in the story.

The guy lost me when he was whining about having to depend on his family. There are many people in that situation, not just him.

-Mike

Stu L. · #9 02-17-2011, 08:50 AM

Quote:

Originally Posted by SharkUSMC

If you cannot comprehend why, the only way you might be able to fathom it is if you are subjected to the same treatment. I hope for your sake you never are able to comprehend why this would not even come close to full compensation.

Thank you. I wish things like this never occurred. Honestly I do. Unfortunately they do. A payday cannot fix that. Do I have an alternative? No. But I don't think money is the answer. IMO, time is invaluable.

I did just look up average salaries in Texas. $80k is really high.

Mr. Pickles · #10 02-17-2011, 08:54 AM

Sidebar - for those who oppose the death penalty, check out the possibility that an innocent man was executed in Texas: http://camerontoddwillingham.com/
It's old news, but worth examining.

Link to the New Yorker article:
http://www.newyorker.com/reporting/2...7fa_fact_grann

fo shizzle · #11 02-17-2011, 08:55 AM

Quote:

Originally Posted by MJ5150

I love the Tim Cole reference in the story.

The guy lost me when he was whining about having to depend on his family. There are many people in that situation, not just him.

-Mike

Mike..... They have the chance to do something about it. This guy didn't.

fo shizzle · #12 02-17-2011, 09:15 AM

Quote:

Originally Posted by Stu L.

Ok, I'll be the ass here. Where in the world do they figure this man would have made $80k annually? I've not looked into average wages and so forth, but that seems way out of line. Not saying he wouldn't have made that much, but seeing how many highly educated and "professional" people I know that don't make that much makes me a skeptic. I know I make no where near that. Coupled with the fact that he hasn't had to worry about making money for room and board (sarcasm) and no concerns about the economy, I say this is pure BS. Flame me, hate me, whatever. $1.4m? Yeah right.

He was wronged. A payday can't solve that.

It's too easy to kick you over this post. I'll skip it.

Let's use the term "devil's advocate". That's easier.

The settlement should have a punitive aspect to it. The compensation isn't only for lost wages. It's for a lost LIFE.

I guarantee your tune would vastly different if it was you and say otherwise is a waste of time.

Martin89 · #13 02-17-2011, 09:17 AM

18 years is a lot, 80k per year would've made up for a government job with a pension. Not to mention being 45 w/ no work experience for nearly 2 decades makes it pretty tough in today's job market.

Dr. Cheese · #14 02-17-2011, 09:32 AM

Quote:

Originally Posted by Stu L.

Thank you. I wish things like this never occurred. Honestly I do. Unfortunately they do. A payday cannot fix that. Do I have an alternative? No. But I don't think money is the answer. IMO, time is invaluable.

I did just look up average salaries in Texas. $80k is really high.

Basic decency dictates the man be compensated. Texas can't give him back his life, but it can give him a check. This is pretty simple, IMO.

fo shizzle · #15 02-17-2011, 09:57 AM

Quote:

Originally Posted by Mr. Pickles

Sidebar - for those who oppose the death penalty, check out the possibility that an innocent man was executed in Texas: http://camerontoddwillingham.com/
It's old news, but worth examining.

Link to the New Yorker article:
http://www.newyorker.com/reporting/2...7fa_fact_grann

I've had to stop following this story. It's bad for my blood pressure. I would amend your post slightly:

"For those who are advocates of the death penalty, have a look and decide if it's OK for the state to kill an innocent man in YOUR name."

MJ5150 · #16 02-17-2011, 10:15 AM

Quote:

Originally Posted by fo shizzle

Mike..... They have the chance to do something about it. This guy didn't.

True. Now he does, so move forward and make something of your life. No sense in sitting around crying about the last 18 years. Part of me suspects he won't do anything but wage a legal war with the state until he gets what he wants or close to it.

-Mike

Martin89 · #17 02-17-2011, 11:01 AM

Mike, he can't sue for more than 200k from what the article says. He should definitely move forward but I have a feeling it will be very tough for (like my other post says) a 45 year old w/ no work experience other than what he had 18 years ago in this job market. He could probably go for the 200k and be alright, but I mean the average payout from previous ones with cases such as his is just under 500k which is kinda a joke compared to his time serving is close to if not the longest.

Stu L. · #18 02-17-2011, 11:22 AM

Quote:

Originally Posted by fo shizzle

It's too easy to kick you over this post. I'll skip it.

Let's use the term "devil's advocate". That's easier.

The settlement should have a punitive aspect to it. The compensation isn't only for lost wages. It's for a lost LIFE.

I guarantee your tune would vastly different if it was you and say otherwise is a waste of time.

In order; 1) thank you. 2) that wording is fine by me.

Honestly, I had to look up punitive damages to make sure I had the correct understanding of the term. Turns out I had a pretty good grasp on it. I stand by my thought that $ cannot account for lost wages, time, or as worded life.

This man has been in jail for over half of my life. I do not know the horrors he has endured. I pray I never do. But what's happened can't be undone. Right or wrong, it can't be undone. $ can't fix time.

Mike has said what I was trying to. Not the he had the same thoughts though. Don't want to cast him in a negative light.

fo shizzle · #19 02-17-2011, 03:04 PM

Quote:

Originally Posted by Stu L.

In order; 1) thank you. 2) that wording is fine by me.

Honestly, I had to look up punitive damages to make sure I had the correct understanding of the term. Turns out I had a pretty good grasp on it. I stand by my thought that $ cannot account for lost wages, time, or as worded life.

This man has been in jail for over half of my life. I do not know the horrors he has endured. I pray I never do. But what's happened can't be undone. Right or wrong, it can't be undone. $ can't fix time.

Mike has said what I was trying to. Not the he had the same thoughts though. Don't want to cast him in a negative light.

Well said...... The contention that he should buck up and carry on is a laudable goal and he should certainly do that. Being able to do so with any chance of success will be the tough part.

The fact that he's been out of the job market for so long has been mentioned.... That can't be overstated. Job prospects for people in the mainstream are bleak; imagine the HR personnel looking at this guy's app. Who in the world is taking the chance on this guy? The ONLY way this guy gets a job is if someone who's aware of the situation takes a massive risk.

Perhaps the bigger aspect is the "institutionalization" question. People that have been inside for extended amounts of time find life out here very tough. I keep thinking of Shawshank: Brooks couldn't handle it. Red almost didn't.

I don't know...... This guy's got enough on his plate. Now the Great State of Texas has decided to break it off in him.

Stumbo · #20 02-17-2011, 03:22 PM

Quote:

Originally Posted by Stu L.

$ can't fix time.

Only if you look back.

The $$ is also for the future.

Being in prison w/o proper medical care, dental care, etc. and barely passable food may lead to future medical problems and the ability to work.

Possibly he'll want to improve his education and attend college. The money will pay for that too.

Maybe he'll want to buy a house.

Maybe he'll pick up the bass and need a rig.

Maybe he'll want to retire.

Etc.