Compensation for the wrongfully convicted?

By Catharine Huddle/Lee Enterprises
Friday, Feb 20, 2009 - 09:44:09 am CST

LINCOLN -- His voice breaking, Joseph White told a legislative committee Thursday he lost 20 years of his son’s life while he was in prison for the murder of Helen Wilson.

“I can’t get back the time with him,” he said, holding up a photo of his son as a baby and another of him today at 21. “I can’t go back and teach my boy to ride a bicycle or drive a car.”

White, 46, moved home to Holly Pond, Ala., after his 1989 conviction was reversed by DNA testing that showed he did not rape Wilson in her Beatrice apartment in 1985.

Today, he said, he has no retirement, no equity in a home, no home, in fact, except the one provided by his parents.

“I have nothing except my pride in the fact that I never gave up on the truth, and proved my innocence.”

White and five others were arrested in 1989. He  was the only one to go to trial and was convicted of first-degree murder, largely through testimony by three of the five.

On Thursday, White and one of those people testified in favor of a bill (LB260) that would compensate them for what they lost.

Ada JoAnn Taylor also served nearly 20 years for the Wilson murder. She pleaded guilty and testified then that she saw White and Thomas Winslow rape Wilson.

After testing sought by White under the Nebraska DNA Testing Act proved Wilson was raped by an Oklahoma City man, Taylor said she had lied.

Before the Judiciary Committee heard testimony on the bill, White and Taylor met outside the hearing room -- for the first time since White’s trial.

The Army veteran from Alabama stood with his hands in the pockets of his blue jeans and talked with the North Carolina native he met 25 years ago when they were both young drifters in California.

Taylor wiped away tears as they spoke quietly.

“It was nice. I didn’t recognize him at first,” said Taylor, who recently married and is living in Bellevue.

“I don’t blame her for any of it,” White said. “I know she had problems at that time, and they (authorities) took advantage of them.”

Winslow also served nearly 20 years in prison. Debra Shelden, James Dean and Kathy Gonzalez served about five each. All five were granted full pardons last month.

The Nebraska Claims for Wrongful Conviction and Imprisonment Act, sponsored by Sen. Kent Rogert of Tekamah, would compensate innocent people who were wrongly convicted.

It would be retroactive to include the six people convicted in the Wilson case.

Scottsbluff attorney Steve Olsen spoke on behalf of the victim’s family, about a dozen of whom attended the hearing.

“For 20 years, this family has not had a voice. Now they do. They’ve been harmed as well,” Olsen said.

The family sat through graphic testimony at White’s trial from some of the people now seeking compensation, Olsen said.

“They chose to lie. They chose to tell stories.”

He said the system already provides relief through civil lawsuits.

But others, including representatives of the Nebraska Innocence Project, said civil redress is difficult at best, and urged the Legislature to join 25 states that have compensation laws for people who are wrongly convicted.

The Innocence Project flew White to Nebraska for Thursday’s hearing.

Wilson’s grandson, Shane Wilson of Scottsbluff, said his family supports the bill -- if the people who would benefit are indeed innocent.

“DNA only proves they didn’t rape her, not that they weren’t there. ... This bill will compensate them before they have to prove they were innocent.”

The committee took no action Thursday, but several senators expressed support.

“This is a very meaningful bill,” said Chairman Brad Ashford. “We need to do it for the state.”

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herbie
Feb 20, 2009 9:12 PM
Maybe you shouldn't have plead guilty in the first place. No compensation should be handed out.
btowner
Feb 25, 2009 11:10 AM
I agree with compensation for those wrongly accused who didn't plead guilty. things are still fishy with this case. no soup for you.
citizen2
Feb 26, 2009 12:20 PM
All too often innocent people are imprisoned. Some of those times their attorney will recommend a guilty plea in order to avoid a harsher sentence. I don’t know if this was the case here. Any innocent person who is imprisoned should have a right to collect a reasonable amount for the time they served. I personally think that the average annual income that individual would have made if they had been working would be a good amount for them to receive.
Randomthoughts
Feb 26, 2009 12:30 PM
I agree with herbie. I feel this would be a completely different situation if they would have been found guilty and sent to prison after pleading not, rather than pleading guilty in the first place. As stated in the article, they chose their path with lies and stories. It would also be different if they could 100% conclude they weren't there and didn't have any ties with this. If they are tied to it in any way, then they are still partially at fault and should not get compensated.
citizen2
Feb 26, 2009 2:44 PM
I see your point about the “Guilty Plea”, I just have a hard time getting past that often defendants are counseled by their attorneys’ to do so. I definitely agree that the person must be INNOCENT of any involvement in the crime they have been convicted of.
Me2
Feb 26, 2009 10:30 PM
Why have they waited so long to proclaim they were innocent? I think that the attorney's representing these people should be held responsible for any payments, because obviously, they were not doing their job that they were intrusted to by their clients. Why should the State be responsible for any repayment, ESPECIALLY $50,000? That is absolutely ridiculous! How about me, can I have $50,000 too?
Story Photo
Joseph White, who spent nearly 20 years behind bars after he was wrongly convicted with five other people of the rape and murder of Helen Wilson in 1985, holds up a picture of him and his infant son before his arrest, during a testimony before the Judiciary Committee in Lincoln, Neb., Thursday, Feb. 19, 2009. White told the Judiciary Committee he lost 20 years of his son's life during testimony on (LB260), a bill that would provide for a minimum of $50,000 for each year an innocent person is incarcerated and an additional $50,000 for each year a person served on death row. LB260 would be retroactive, allowing the six people wrongly convicted in the 1985 rape and murder of Helen Wilson to receive compensation.(AP Photo/Nati Harnik)
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The Beatrice Six


The three men and three women who either confessed to or were found guilty of crimes related to the 1985 rape and murder of Helen Wilson served a total of nearly 70 years in prison. Three completed their sentences; three were freed after DNA testing and reopening of the investigation. The six, the crimes for which they were sentenced, and the time they served:


- Joseph E. White: first-degree murder, Feb. 16, 1990-Oct. 15, 2008;18 years, 8 months


- Thomas W. Winslow: aiding and abetting second-degree murder, Jan. 29, 1990-Oct. 17, 2008; 18 years, 9 months


- Ada JoAnn Taylor: second-degree murder, Jan. 29, 1990-Nov. 10, 2008; 18 years, 9 months


- James Dean: aiding and abetting second-degree murder, Jan. 26, 1990-Aug. 13, 1994; 4 years, 7 months


- Kathy A. Gonzalez: aiding and abetting second-degree murder, Jan. 26, 1990-Oct. 19, 1994; 4 years, 9 months


- Debra Kay Shelden: aiding and abetting second-degree murder, Jan. 26, 1990-Sept. 6, 1994; 4 years, 7 months





Compensation act


The Nebraska Claims for Wrongful Conviction and Imprisonment Act (LB260), sponsored by Sen. Kent Rogert of Tekamah, would compensate innocent people for what they missed while in prison.


Damages would include at least $50,000 for each year of imprisonment. It would pay an additional $50,000 for each year a person spent on death row.


The amount reflects consideration of lost wages, costs of criminal defense, medical and dental expenses and physical and nonphysical injuries or illnesses. It could be adjusted for inflation.


The bill also would allow for payment of up to five years of physical and mental health care; reimbursement for tuition and fees at state colleges; compensation for child support payments owed; and for immediate needs after leaving prison, including housing and transportation.


Costs would likely be paid from state general funds.
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