Category Archives: Compensation/Exoneree compensation

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Another $40 Million Settlement for Wrongfully Convicted

As reported this morning in the Chigago Tribune (here), the Illinois State Police has agreed to pay the state’s highest wrongful conviction compensation to date to five men wrongfully convicted of the 1991 rape and murder of Cateresa Matthews in Dixmoor, Illinois.

The five men — Robert Veal, Robert Taylor, James Hardin, Jonathan Barr, and Shainnie Sharp, who became known as “The Dixmoor Five”— were teens when arrested for the crime and were exonerated when DNA testing linked to another known felon. Two of the five had served sentences of ten years and three served nearly two decades before their release.

The federal lawsuit alleged that both State and Dixmore police ignored evidence of another perpetrator and coerced a confession that implicated the four others from 15-year-old Robert Veal, who “had an IQ of 56 and developmental disabilities.” The lawsuit alleged that the police “threatened and abused” some of the other teens, including beating 15-year-old Robert Taylor into confessing. Continue reading

Wednesdsay’s Quick Clicks…

Victor Nealon’s compensation claim turned down by British Ministry of Justice

Victor Nealon’s conviction was overturned by the British Court of Appeal last year, but his compensation claim for 17 years of imprisonment has been turned down by the British Ministry of Justice.

The Guardian reports that the “MoJ told Nealon’s lawyers that the justice secretary, Chris Grayling, had reviewed the information and ‘concluded that your client has not suffered a miscarriage of justice as defined by section 133 of the 1988 Act’.” (read the full Guardian piece here)

“[...] in turning down Mr Nealon’s claim for compensation, the MoJ said the owner of the DNA could not be identified, and added it could not be established that it ‘undoubtedly belonged to the attacker’.” (read the BBC report here)

This case was previously blogged about on this blog here and here.

“Central Park Five” Agree to $40 Million Settlement…

From the New York Daily News:

Five black and Latino men — wrongfully convicted 24 years ago in the sensational Central Park jogger case that whipped New York into a racial frenzy — have reached a $40 million settlement with the city, a source familiar with the terms said Thursday.

Now middle-aged, the men were teens when they were arrested in 1989 amid a wave of corrosive and polarizing outrage over the savage rape of a 28-year-old woman.

Continue reading….

 

 

 

David Ranta Family Sues NYPD for $15M Over Wrongful Conviction

David Ranta spent 23 years in prison for a murder he did not commit – as a consequence of false eyewitness identification, a bogus lineup, a jailhouse snitch, and police tunnel vision.

The David Ranta case has been previously reported on this blog here, here, here, and here.

The David Ranta family is now suing the NYPD for $15 million for their suffering.  See the Huff Post story here.

Friday’s Quick Clicks…

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Tuesday’s Quick Clicks…

  • Man exonerated of rape charges in Sweden after 10 years in prison; now Sweden’s long-serving exoneree
  • In China, a long road to justice in recent double exoneration case
  • Rob Warden writes that the death April 20 of Rubin “Hurricane” Carter, middleweight prizefighter, heavyweight champion of the wrongfully convicted, is a vivid reminder of a plague that has long corrupted the criminal justice system — perjury by prosecution witnesses who have ulterior motives to lie.  Article….
  • Alaska Innocence Project gearing up for May hearing in the Fairbanks Four case
  • Article on how bad science leads to wrongful convictions
  • New judges’ training program in Bangladesh warns new judges to be vigilante against wrongful convictions
  • More strange twists and turns in the Montana case of Cody Marble

Wednesday’s Quick Clicks…

Jury Awards $36M in Wrongful Conviction Suit to Two NY Men

A jury in U.S. District Court in Central Islip, New York, yesterday awarded John Restivo, 56, and Dennis Halstead, 59, $18 million each—$1 million for every year they spent in prison—following their wrongful convictions in the 1984 rape and murder of 16-year-old Theresa Fusco. All charges had been dismissed in 2003 after DNA testing of evidence, which was conducted over ten years, excluded the men and implicated another, unidentified perpetrator.

After a four-week trial in the federal civil rights lawsuit, the jury concluded that Nassau County lead detective, Joseph Volpe, now deceased, had engaged in official misconduct, including fabrication of hair evidence and withholding of exculpatory evidence in the case. Continue reading

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Knoops Innocence Project Exonerees Compensated by Government

High Court of Justice of the Dutch Antilles agrees to pay USD 1.97 million compensation to Nozai Thomas and Andy Melaan (Spelonk case)

On 11 April 2014, the High Court of Justice ofAruba, Curaçao, Sint Maarten and of Bonaire, Saint Eustatius and Saba (Dutch Antilles) rendered a judgment granting compensation to two exonerees for a miscarriage of justice which took place in 2005.

In 2006, the High Court of Justice at Bonaire affirmed a conviction of the District Court in 2005 against Nozai Thomas and Andy Melaan for murdering two brothers and sentenced them to respectively 8 and 24 years imprisonment.

The wrongful conviction came to light as a result of an initiative of drs. Lucio Ricardo, a psychologist working at the Dutch Antilles, who believed in the innocence of the two men. In 2009-2010 the former Dutch police detective Mr. Gosewehr and the criminologist dr. Timmerman, concluded that the two men were wrongfully convicted. The case was subsequently submitted by them to the Knoops’ Innocence Project (director Carry Knoops-Hamburger).

The Knoops’ Innocence Project has been working pro bono on the case since 2011 and initiated new research, in order to establish a “new fact”, which is necessary to have a case reopened in the Kingdom of the Netherlands. Research by the Netherlands Forensic Research Bureau [Nederlands Forensisch Onderzoeksbureau, NFOB] and Digital Investigations revealed that Thomas’ was working at his computer during the night of the murders in 2005. New research also revealed that Thomas had confessed under extreme police pressure and that his confession was most likely to be false. Telecom research furthermore revealed that Melaan could not have been at the crime scene during the night of the murders.

On 1 July 2013 the High Court of Justice ordered a new trial and on 14 November 2013 both men were officially exonerated. Mr. Thomas spent 4.5 years in prison and Mr. Melaan 8 years.

On 11 April 2014 the High Court of Justice granted the following amounts of compensation:

-        Nozai Thomas: USD 677.430

-        Andy Melaan: USD 1.292.687

The High Court of Justice multiplied the standard amount of financial compensation for wrongfully convicted persons with factor five, while taking the following aspects into consideration:

-        Knoops’ advocaten tried to obtain compensation through the Prosecutor General, which would have prevented the two men to go to court for compensation and which would have allowed them to gain swift rehabilitation;

-        The fact that the prosecution did not prove to be willing to settle the compensation claim, while the prosecution – in light of the experience the Kingdom of the Netherlands has with wrongful convictions – should have been aware of the impact on the exonerees of such a miscarriage of justice. The fact that the prosecution proved to be unwilling to settle the claim, impacted upon the exonerees who still felt that they had to proof their innocence towards society;

-        Both exonerees proved to be extremely traumatized and showed signs of PTSS;

-        The uniqueness of the case demanded a higher compensation than the standard amount.

-        Other factors that contributed to a higher amount of compensation were:

o   Extensive media coverage;

o   The fact that the accused suffered from stigmatization in the Bonairean community;

o   Impact of the wrongful conviction on the lives of Melaan and Thomas (both exonerees suffer from PTSS);

o   The young age of Melaan and Thomas during their detention;

o   Severe psychological damage, which will have a lasting impact on their lives;

o   Police pressure during the interrogations (which had resulted in a false confession by Thomas)

Importantly, the judges of the High Court of Justice granted compensation that is commensurate with the standard of living in “the Netherlands”; if they would have applied the Dutch Antilles standard, the amount would have been lower.

Andy Melaan and Nozai Thomas perceive the compensation as a form of rehabilitation and reparation for the suffering inflicted upon them. The compensation will be deposited in a fund, which will be managed by third parties and used for their – and their family and children’s – future. Melaan and Thomas are committed to helping other wrongfully convicted persons on the Dutch Antilles and beyond.

Knoops’ Innocence Project

Prof. G.G.J. Knoops
Mrs. C.J. Knoops-Hamburger (director Knoops’ Innocence Project)
Ms. M. van Woudenberg
Ms. Pascalle Dingemanse (local counsel)