TheLoop21.com

By: Earl Ofari Hutchinson, New America Media (Add to your loop)
Mon, 06/15/2009 - 00:00

States rarely pay for the mental and physical suffering of those wrongfully convicted.

Byron Halsey recently had the happy and tragic distinction of being the 238th wrongfully convicted prisoner released from prison in the past two decades due to DNA testing. Halsey was the 12th wrongfully convicted prisoner exonerated this year. In 1985, he was accused of the rape and murder of two Plainfield, N.J., children.

Halsey’s nightmarish tale after the arrest is woefully familiar to others wrongfully accused. They face marathon police grilling, with threats and intimidation, a coerced confession, slipshod legal representation, a fast track trial, conviction, and then they are either dumped in a cell for life or receive the death penalty. Halsey faced the death penalty.

As with the overwhelming majority of the other wrongfully jailed, Halsey is African American. Like most of them, he may not get a nickel for the almost quarter century of mental and physical suffering he endured. It’s a situation that more than half the states have done absolutely nothing to correct for the falsely accused.

Halsey’s only recourse is to file suit. And he faces towering hurdles if he tries to do that. One is the shield of sovereign immunity that states cloak themselves in to protect themselves from lawsuits. New Jersey would have to waive that immunity to allow a suit. Then he’ll have to demonstrate his actual innocence. This means providing smoking gun proof that a district attorney rigged evidence with the intent to frame him. This almost never happens. Most wrongful convictions are obtained through alleged voluntary confessions, a verdict by an impartial judge or jury, eyewitness mistakes and inadvertent misstatements of fact. DAs chalk up wrongful convictions to a trail of unintentional errors and insist that no legal wrong was committed. In other words, the wrongful conviction and jailing is a moral wrong and injustice, but it is not a legally recognizable injury.

The 22 states that do provide for some compensation for a wrongful conviction hardly empty the till for the exonerated. The headline photo-ops of wrongfully convicted prisoners smiling, with relatives in tow, announcing multi-million dollar awards are the rarest of exceptions. Most states place hard caps on the payouts to the exonerated that range from $5,000 to $25,000. States such as Montana don’t pay a penny directly to the exonerated, but offer educational aid. Connecticut and Florida provide compensation but only on a case-by-case basis.

The exonerated must file a claim and wait a lengthy period of time for the claim to be processed. And if there’s the slightest legal hitch in the circumstances of the conviction and release, the state may not pay. The legal wrangle over compensation can drag on for months or even years. That’s exactly what’s happened in the case of the five young African American and Latino men who were falsely accused and spent years in jail for the racially charged beating and rape of a white female jogger in New York’s Central Park in 1989.