Posts Tagged ‘lawsuit’

We have a touch down

Wednesday, October 21, 2009@ 12:01 AM

The world watched with bated breath as a boy named Falcon Heene floated aimlessly for more than two hours across the Colorado landscape trapped inside a weather balloon. The real surprise came once the craft set down and the child was not onboard. Falcon, the youngest of three Heene children, was later found hiding in a box in the attic of the garage.

With the media in full frenzy, the Heenes appeared the next day on Larry King Live, where Falcon responded to his father and said, “You guys said we did this for the show.”

While the Heenes adamantly deny the charges that this was all a publicity hoax, a number of events have come to light that have prompted the authorities to seek charges. Robert Thomas, a former associate of Richard Henne, stated today in a Gawker interview that he helped plan a number of possible scenarios as a method for promoting the Heenes for a reality TV show. The plan in which Richard was most interested was that of a flying saucer.

At concern now is the massive state and federal resources that were spent following the balloon in fear that the child would fall from the craft —helicopters, rescue parties, and even manpower that may have been kept from actual emergencies – all for what now has the appearance of a publicity stunt by a family addicted to the limelight.

Richard and Mayumi Heene face possible felony charges including conspiracy, contributing to the delinquency of a minor and making a false report to police. The felony charges carry a maximum sentence of six years’ imprisonment and a $500,000 fine. They may also risk having their children removed by child-protective services.

Prison pays

Friday, September 4, 2009@ 12:01 AM

Benjamin Franklin said, “…it is better 100 guilty persons should escape than that one innocent person should suffer….” This is the premise of our free society, jury of our peers, and innocent until proven guilty, but far too often the innocent are anything but free.

While release of the innocent is not new,  the advances in DNA are making them far more frequent.

  • February 2002: Michael Austin was released after spending 27 years for a murder conviction.
  • December 2006: Robert Wilson was freed after spending more than nine years of a 30-year sentence in state prison for attempted murder.
  • April 2007: Anthony Capozzi was released from prison after serving 22 years for a rape he did not commit.
  • March 2008: Willie Green was released from prison after serving 25 years for a killing he did not commit.
  • April 2008: Alton Logan was released after serving 26 years in prison for murder before he was released based on new evidence of his innocence.
  • March 2009: Sean Hodges is released after 27 years in jail for killing a barmaid.
  • August 2009: Ernest Sonnier was released after spending 23 years in prison for a kidnapping he says he didn’t commit.

What’s become just as common place is the restitution paid to these unjustly jailed. In Texas this week, USA Today reported that Thomas McGowan’s imprisonment is going to cost the state of Texas a whopping $1.8 million.

Admirably, Texas leads the union in freeing those whom have been wrongly convicted, but it comes at a hefty price tag. As a standard in that state, exonerees will receive $80,000 for each year they spent behind bars.

While some states, such as Texas, have automatic restitution, others simply pave the way for civil lawsuits.

Peter Rose who served nearly nine years for a rape he didn’t commit was awarded $328,200; that’s $100 for each day that he spent in prison.

In Lee’s Summit, MO, Ted White, Jr., has filed a $100 million lawsuit against a police detective and his ex-wife (who is now married to the detective) for the wrongful child-molestation conviction nearly ten years ago.

In Chicago a federal jury awarded Juan Johnson $21 million for spending 11-1/2 years of a 30 year sentence when he was framed by a Chicago detective, Reynaldo Guevara, for the murder of Ricardo Fernandez.

I am certain that I would not be willing to spend 20 years in prison just for the payout, but awards of this size can go a long way toward reintegrating a person into society. In a poll at Today’s POV, only 6.45% of voters thought that persons in prison were being rehabilitated — what does that mean to those who are innocent?