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Bill proposes monetary relief for exonoree

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A man recently released from prison after DNA evidence proved his innocence may receive $100,000 if one Indiana representative's bill passes.

Rep. Vern Tincher, D-Terre Haute, has proposed House Bill 1162 to provide relief to David. L. Scott, who went to prison after being convicted of murdering 89-year-old W. Terre Haute resident Loretta Keith in 1984.

According to news reports, Scott was convicted largely in part because of a taped admission he made saying he killed Keith. Scott, a special needs student, was 17 years old when he was sent to prison for 80 years. The Indiana Supreme Court upheld his conviction, but reduced his sentence to 50 years.

DNA evidence eventually cleared Scott and he was released from prison in 2008.

Scott's story came to the attention of Tincher after he received an e-mail from his local television station asking legislators what they could do for Scott. Tincher asked for an interim study committee on compensation for wrongful incarceration as well as expungement of someone's criminal history record when they are released from prison based on DNA evidence.

"We had our day with the policy sentencing commission and had several people testify," Tincher said. "They chose to take no action. I had a bill drafted that provides compensation to David Scott on humanitarian purposes."

The bill specifies that the $100,000 in relief is not payment of damages but is provided only for "humanitarian consideration for the wrongs done to David L. Scott." Tincher said the amount, which would come from the state general fund, is minimal compensation, but will allow him to get on with his life.

Tincher said 21 states, plus Washington, D.C., and the federal government have statutory laws addressing compensation for people who have been wrongfully convicted and incarcerated, but he decided to tailor this bill just for Scott instead of one that would generally compensate people wrongfully convicted. He did say he may pursue a bill like that in the future.

"I believe we are going to have more individuals released from incarceration based on DNA evidence," Tincher said. "Most cases, even as recent as 10 to 15 years ago, didn't have all the capabilities of testing DNA as they do now."

HB 1162 has been assigned to the House Committee on Public Policy. The Scott case also prompted Tincher to author HB 1163, which deals with expungement of a criminal history record for someone who has been released from prison based on DNA evidence. That bill is before the House Committee on Courts and Criminal Codes.

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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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