Compensation for wrongful conviction is already hard to obtain in many states but a bill recently passed by the North Carolina state legislature places even more obstacles in front of exonerees who have already endured so much harm.
The new bill changes the existing law that allows for $50,000 of compensation for every year wrongfully imprisoned regardless of whether a defendant pled guilty or innocent. Now, exonerees who pled guilty can only receive compensation if they receive a pardon from the governor. The bill also allows prosecutors to file reports with the Innocence Inquiry Commission, which could enable them to object to compensation.
The change in the law could affect three cases currently pending before the commission. Larry Jerome Williams, Jr., Damian Mills, and Teddy Lamont Isbell all pled guilty in connection with a home invasion that they were later exonerated of through DNA evidence. Williams was just 16 years old when he was arrested. He says he pled guilty because the police officer told him that he was facing a life sentence if he went to trial. Williams’ attorney told the Asheville Citizen-Times that Larry Williams is a prime example of why the new law is short-sighted and unfair. “Larry Williams, a 16-year-old boy who is subjected to coercion that results in a plea that is in no way valid, should be entitled to relief,” he said.
Counter to conventional wisdom, guilty pleas do not always indicate guilt. The New York-based Innocence Project found that 25 percent of DNA exonerations involved incriminating statements which happen for a variety of reasons including threat of a harsh sentence, misunderstanding of the situation, ignorance of the law and mental impairment.
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Many exonerees do not get any type of compensation. To help NCIP’s exonerees not just survive after exoneration but thrive, please click here to donate to our Speakers Bureau, a program that helps exonerees tell their stories & earn income.
