Posted on 10/24/2007 7:15:25 PM PDT by paltz
Raleigh — A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for child support for the years he was in prison.
Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker, and hair found at the scene was similar to his. DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack, however.
(Excerpt) Read more at wral.com ...
plus lawyer fees of course.
There’s something about this story that’s weird...the ex (the mother of his son) works in the office of the prosecutor that sent him to jail??? huh? Was she the mother of the girl who was allegedly raped? I don’t understand this at all.
Her lawyer works in the same office as the prosecutor.
I understand it, but damnit, I do not like it.
.....Bob
Heekin, who said she filed the suit last week, works in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.Hmm..
Heekin, who said she filed the suit last week, works in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.
I think deadbeat parents are scum, but it seems the guy's going to get screwed again. I guess this Strickland fellow really doesn't like him.
If they are going to calculate back child support, I suggest they make sure they use his prison income to run the guidelines -- I don't think he made much.
“Life is unfair, and then you die.”
If there was ever an illustration, this is it.
Maybe he should countersue his ex-wife. I wonder if she played any role in his false imprisonment? The whole thing is extremely bizarre.
The state should pay for they made it impossible for him to support the child by wrongfully imprisoning him
The guy should sue the state for wrongful imprisonment and then pay child support. I cannot believe they are going after this retroactively. How the heck was he going to pay while in prison? Isn’t the child grown by now?
This whole thing is so unjust.
20k a year is not enough IMO.
If, the lawyers get 40% and she gets 30%, and she was on public assistance they may be able to deduct what she received from the both of them.
She wants at least half of that nice big check he is due to get from the government for his wrongful imprisonment — which to me is a pittance compared to what he lost.
She may not have even thought of it herself. I bet there is a very good chance that her boss talked her into filing the suit because he now looks like a jerk for prosecuting the wrong guy.
Just damn.....
There is no amount which would be adequate, but consider this:
If you owed taxes and did not pay for twenty years you would be charged interest on the balance owed. Same should apply here.
Using 6% as the interest rate (which is low), $20,000 a year for 18 years would net him over $700,000.
That would then be enough for him to live on, in a modest fashion, for the rest of his life.
It’s North Carolina again!
The story said that his son has moved in with him. And it says his wife filed because after he is 18 the law forbids the suit. The way I look at it the state kept him from his son and from providing for his support, and as soon as he was released he took over full support of him. Were I the judge this case would end as soon as it was started. It’s an outrage.
That was my first thought too, the ex is planting a preempting stake on whatever severance this guy will surely get. I mean, jeez. I think for her to get a nickle, she should be required to demonstrate that he went to jail with explicit purpose of avoiding to pay child-support.
I see tomorrows headline:
Man wakes up from 20 year coma, forced into bankruptcy for missed car-payments
She should sue the guy who put the child’s father in jail wrongly and get the lost wages from them. And the father should sue the same guy for the same thing, same amount, plus pain and suffering.
This story at least has some logic. The mother and son should get some compensaton from the state for what they lost. I think it just should not come from the man.
More shocking Tony Blair’s governement subtracted out a charge for room and board for time in prison from the compensation package for a falsely convicted and incarcerated British man.
The brazenly cold and uncaring lawsuit speaks to her character.
The fact that she worked for the prosecutor is bizarre as well.
Then, consider that the son moved in with his father as soon as he was out of jail.
The third fact convinces me that there is something seriously wrong with this woman, as well as the prosecutor.
Hmmmm.
Is there a pattern here?
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