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House votes $5 million compensation for innocent man jailed 18 years
Waterbury: Republican-American ^ | May 17, 2007 | Susan Haighh (A.P.)

Posted on 05/17/2007 6:10:58 PM PDT by Graybeard58

HARTFORD -- An apologetic House of Representatives voted unanimously Wednesday to give $5 million to James C. Tillman, an East Hartford man wrongly imprisoned for more than 18 years for a rape that DNA evidence proved he did not commit.

Moved by Tillman's humbleness and lack of bitterness over his ordeal, lawmakers said they hoped the money will give him an opportunity to live out the rest of his life with relative comfort. The bill passed 148-0.

"I think we all wonder, could we be so kind and gentle and humble as we find this person," asked Rep. Kenneth Green, D-Hartford. "He did not deserve to be incarcerated or 18-and-a-half years -- $5 million is the least that we can do."

House members gave Tillman and his mother, Katherine Martin Tillman, a standing ovation after the vote. His mother wiped away tears as she and her son, who walks with a slight limp, were led to the House Speaker's dais and waved to the lawmakers.

"We can remove the knife that was placed in James's back and we can begin the healing process," said Rep. Douglas McCrory, D-Hartford.

The bill was immediately sent to the Senate. It was unclear whether the Senate would take it up on Wednesday.

Tillman, who was 26 when he was arrested, was sentenced to 45 years in prison after being convicted of raping and beating a woman in downtown Hartford in 1988. The victim identified him, but Tillman was exonerated last summer after DNA tests showed he could not have been the attacker.

Gov. M. Jodi Rell, earlier this year, proposed $500,000 in compensation. And a rival bill, approved Tuesday by the legislature's Finance, Revenue and Bonding Committee, would give Tillman $3.5 million paid out over the rest of his life. But House Speaker James Amann, D-Milford, assured Tillman the $5 million sum would prevail.

Rell said it was up to the legislature to set a dollar amount. She said she would be honored to sign the bill.

"How do you put a price tag on someone's time in prison for a crime that he did not commit," asked Rell, who first put forth the idea of compensating Tillman when she unveiled her budget proposal in February.

Tillman's lawyer, Gerard A. Smyth, said his client believes the $5 million is fair compensation for what he has endured. It will also help him avoid any lengthy legal challenges. Tillman had filed legal claims against the state regarding his wrongful imprisonment.

Those claims will now be withdrawn.

Smyth is representing Tillman pro bono. He said similar cases typically result in settlements of about $1 million for each year of incarceration, he said.

Even though he's been out of a maximum-security prison for nearly a year, Tillman, 45, said he is still awed by his newfound freedom.

"I woke up this morning and heard the birds and it was beautiful," he said. "It's just a blessing for me to be free."

More than 20 states and the federal government provide compensation to the wrongfully convicted, according to information provided to a state Advisory Commission on Wrongful Convictions. There is another bill before the Connecticut legislature that would create a panel to come up with a compensation system.

Rep. William Dyson, D-New Haven, said Tillman's exoneration should also compel lawmakers to abolish the death penalty this session if they want to make sure that someone wrongfully convicted is not executed in this state.


TOPICS: Crime/Corruption; Extended News; US: Connecticut
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1 posted on 05/17/2007 6:11:00 PM PDT by Graybeard58
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To: Graybeard58

If the people who conducted the investigation and prosecution had to pay it would be a fair decision. As it is they probably have profited from the “conviction” and are going to go free with their gains.


2 posted on 05/17/2007 6:14:37 PM PDT by FreePaul
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To: FreePaul
If the people who conducted the investigation and prosecution had to pay it would be a fair decision.

It's a fair decision. Prosecutors act on behalf of society. We benefit when they lock up the people who deserve it, and it's only fair that we pay when they err. Another reason why, in a representative form of government that we should be exceedingly careful - and exceedingly picky - to whom we give our vote.
3 posted on 05/17/2007 6:17:11 PM PDT by Old_Mil (Duncan Hunter in 2008! A Veteran, A Patriot, A Reagan Republican... http://www.gohunter08.com/)
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To: Graybeard58
This sounds like a really bad case.

I don't weep when career criminals are wrongly sentenced... the one time they actually didn't kill somebody...

4 posted on 05/17/2007 6:20:23 PM PDT by SteveMcKing
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To: FreePaul
If the people who conducted the investigation and prosecution had to pay it would be a fair decision.

Basically anyone IDed as a perp by a victim in a rape case is doomed. Doesn't necessarily mean prosecutorial malfeasance, but in many cases it is - they'll subtly encourage a witness to pick SOMEBODY out of a lineup or mugbook, and then after that egg them on to become certain of their identification because they want to close the case.

Enough of the general public is completely ignorant of the fact that eyewitness testimony, given in good faith, can be horrendously wrong, that there are lots of guys like this poor guy.

5 posted on 05/17/2007 6:20:59 PM PDT by Strategerist
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To: Strategerist
...and then after that egg them on to become certain of their identification...

A lot of prosecutors have so called "victims advocates" or some other group of employees. Their job is to sit on witnesses and make sure that they tell the "right" story and don't change their testimony before or during trial.

6 posted on 05/17/2007 6:28:33 PM PDT by FreePaul
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To: Graybeard58
Seems a bit excessive to me. I'd do 18 years in prison for a guarantee of $5 million -- that's $278,000 a year, or $23,000 a month, or $5,342 a week, or $133 an hour for a 40-hour work week or $32 an hour for every actual hour he was incarcerated. I'm sure others would too if it were offered at that rate. Our soldiers in Iraq offer their lives for a lot less after all -- though most don't do it for the money alone of course.
7 posted on 05/17/2007 6:40:53 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: FreedomCalls
Seems a bit excessive to me. I'd do 18 years in prison for a guarantee of $5 million

Amazing that you put so little value on freedom or place so much value on money.

You are right about this:

Our soldiers in Iraq offer their lives for a lot less after all -- though most don't do it for the money alone of course.

Though I doubt that any are doing it for money.

8 posted on 05/17/2007 6:52:54 PM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58
I'd like to know a little more here. Did the state maliciously prosecute? Did they withhold exculpatory evidence?

They're going to be fighting wrongful imprisonment lawsuits for years if they are just trying to make themselves feel better. I feel very, very bad for anyone doing time for someone else's transgression, but throwing money at the wrongly convicted could open a pandora's box. At the least, it will generate frivolous suits.

9 posted on 05/17/2007 7:05:55 PM PDT by Mr. Bird
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To: FreedomCalls
????????????????

You have provided your own answer to the question :Every man has his price,what is yours?

10 posted on 05/17/2007 7:08:23 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: Graybeard58

I’m ok with this.


11 posted on 05/17/2007 7:47:38 PM PDT by Kitten Festival
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To: FreedomCalls

But would you do 18 without the certainty you’d get it and the expectation that you’d be there forever?

I think there’s a difference in what the guy went through and the kind of wait a trust-fund baby endures.


12 posted on 05/17/2007 7:49:06 PM PDT by Kitten Festival
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To: FreedomCalls

You would go to prison for 18 years for $5 million? He wasn’t in a country club. You would give up 18 years of your life with a wife and family and friends for money? You could not give me a billion dollars to be imprisoned for 18 years.


13 posted on 05/17/2007 7:53:38 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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To: FreedomCalls

On another ironic note, I don’t think FreedomCalls is a very appropriate screen name. Sorry to bust your chops on this, but I am amazed.


14 posted on 05/17/2007 7:54:36 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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To: FreePaul
If the people who conducted the investigation and prosecution had to pay it would be a fair decision. As it is they probably have profited from the “conviction” and are going to go free with their gains.

It’s Standard Operating Procedure (SOP) to put somebody away, anybody, during an election year and to hell with innocence! The public loves a protector. Politicians have been doing it as long as there have been politicians! Look up McMasters Daycare Center.

The politicians never expect to get caught at it. Why do you think Nifong was in denial when the nation turned on him?

That said; I firmly believe that if someone is proven to KNOWINGLY falsely accuse or to suppress evidence that proves innocence they should be given the maximum penalty allowed for the crime accused, including death.

Please note that I stated proven to knowingly falsely accuse. I understand some people might bear an unfortunate resemblance to a criminal.

15 posted on 05/17/2007 8:05:51 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: FreedomCalls

The man was torn from his life and thrown into a place that you likely could not imagine.

The military enter voluntarily. I did my time in Afghanistan. I do not begrudge this man this money. However; If someone knew he was innocent I would love for them to finish his time.


16 posted on 05/17/2007 8:10:23 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: FreedomCalls
I'd do 18 years in prison for a guarantee of $5 million

Your comment brings to mind the Anton Chekhov short story - Wikipedia article on The Bet. I believe I read this in high school almost 40 years ago. Haven't thought of it again until now.

17 posted on 05/17/2007 8:11:25 PM PDT by jimfree (Freep and ye shall find.)
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To: FreedomCalls
Seems a bit excessive to me.

It's not their money.

18 posted on 05/17/2007 8:18:27 PM PDT by wideminded
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To: Graybeard58

Isn’t $1 million sufficient? Why five? That is taxpayers’ money.


19 posted on 05/17/2007 8:27:52 PM PDT by montag813
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To: FreedomCalls

Wow! I wouldn’t volunteer for prison for 18 years for 5 BILLION dollars. You can’t get the time back...ever!
I don’t get your comparison to those who serve our country. They do this so that we remain free. It’s not about money.


20 posted on 05/17/2007 8:33:53 PM PDT by ItisaReligionofPeace
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