ILNews

Bill proposes monetary relief for exonoree

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT