The Associated Press

OMAHA -- Thomas Winslow, Joseph White and Ada JoAnn Taylor were sent to prison after being wrongfully convicted in the 1985 rape and murder of a Beatrice woman, spending nearly 20 years behind bars before being cleared.

In the legislative session that begins Jan. 7, Nebraska lawmakers are expected to discuss whether these three and others like them merit compensation from the state.

Twenty-five states and the District of Columbia have laws entitling exonerated inmates to government compensation, according to The Innocence Project, which represents inmates fighting to have their convictions overturned. Some state laws also provide compensation for lost wages and offer tuition waivers.

There are no such laws in Nebraska.

In states without compensation programs, some inmates sue and are awarded millions of dollars. Such a lawsuit is being planned in Nebraska in the Beatrice case.

In a pre-session survey by The Associated Press, 14 senators said they would support a measure providing compensation to exonerated inmates. Five senators said they would not, and 20 said they were not sure.

One senator did not answer the question, and nine did not participate in the survey.

Sen. Tony Fulton of Lincoln said state compensation for the wrongfully convicted is “the right thing to do.”

But, he added, “Whether that remuneration should only take the form of money is not immediately clear to me. Endowing someone who has been deprived of a lifetime of fiduciary experience is no guarantee of that person’s betterment. I suspect that providing meaningful employment or education is the more authentically humane approach.”

However, Sen.-elect Dennis Utter of Hastings suggested that economic concerns may trump such legislation.

“In a year of tight budgetary constraints, this may not be the appropriate time to consider a new spending program,” said Utter, who was not sure whether he would support it.

Other lawmakers, including Sen. Russ Karpisek of Wilber, raised questions about where the money for compensation would come from.

“This is a tough one,” Karpisek said. “Although they should get help to start their lives over, where does the money come from? How much money would make a difference? Would the judicial system be afraid to jail people in fear of possible compensation?”

The Beatrice case was the first time in Nebraska history that inmates have been freed based on DNA evidence.

Last month, Nebraska Attorney General Jon Bruning said DNA evidence conclusively links Bruce Allen Smith of Oklahoma to Helen Wilson’s rape and murder.

Smith was among the original suspects in the case, but evidence tested as part of the original investigation appeared to exclude him as a suspect. Newer DNA tests performed recently showed that the earlier test result was flawed.

Smith died of AIDS in 1992. He was 30.

Winslow, White and Taylor have been freed because of the DNA evidence and three more were released in 1994, after the completion of their sentences.

Bruning has said he will pursue full pardons for all six.