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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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