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Florida Legislature 2005 (click for ongoing coverage)

THE LATEST Man gets $2M for 22 years he lost Mystery: Who left money faucet on? Many hurricane relief measures get blown away Dramatic proposal, cautious response Legislature doesn't act on minimum wage deal For open-government cause: 'a mixed bag'

For 22 years in jail, panel offers $200,000

The House committee's offer to exonerated prisoner Wilton Dedge was rejected and called "shameful."

By STEVE BOUSQUET
Published March 31, 2005

TALLAHASSEE - A Brevard County man who spent 22 years in prison for a rape he did not commit could get no more than $200,000 in compensation under a proposal approved by a House committee Wednesday.

For Wilton Dedge, that works out to about $9,000 for each year served.

The 43-year-old contractor spent more than half his life in prison before DNA evidence proved his innocence last year.

Legislators who voted for the proposal called it "a first step."

Critics assailed it as "shameful" and "woefully inadequate." Dedge's lawyer rejected it out of hand.

The Senate wasn't impressed, either.

Senate President Tom Lee, R-Brandon, said a $200,000 cap in such cases was "probably not" enough money.

Dedge was sentenced to two consecutive life terms in 1982 after being convicted of sexual battery, aggravated battery and burglary.

Under Florida's doctrine of sovereign immunity, Dedge could receive no more than $200,000 unless he filed a claims bill in the Legislature - a costly and cumbersome process that can take years to resolve.

Unlike many people who seek claims, Dedge does not have a jury damage award to bolster his request for money. That's because he has not sued for damages, but he does have a court order absolving him of any wrongdoing.

At least 19 states have laws to compensate people who are falsely imprisoned but Florida does not.

The Dedge case has prompted the Legislature to explore how to handle all future false imprisonment cases.

The House proposal would offer victims of false imprisonment a choice: $200,000 or a package of nonmonetary services, including health care, free tuition at a state college or university and preference in state employment.

"This is a first step," said Rep. John Quinones, R-Kissimmee, the committee chairman. "There's no way we're going to make someone whole for the time they were incarcerated."

The House Claims Committee approved the proposal 4-0. Rep. Charlie Dean, R-Inverness, was among the House members who voted for it.

"You don't have very much and what you have is not very good," Dedge's lawyer, Talbot "Sandy" D'Alemberte, told House members.

"I'm not sure that $200,000 would compensate the parents themselves, much less Wilton Dedge."

D'Alemberte, former American Bar Association president, said the parents sacrificed their savings and took a second mortgage on their home to help free their son.

Lawyers have filed a claims bill seeking nearly $5-million from the state treasury as compensation for his 22 lost years, but the bill was filed after a deadline, and neither the House nor Senate has shown much interest in hearing it.

D'Alemberte reminded lawmakers that the Florida Constitution includes a basic rights provision, modeled after the U.S. Constitution: "All natural persons are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty ... "

Jennifer Greenberg of the Florida Innocence Initiative faulted lawmakers for excluding anyone who pleaded guilty. "The system lives on pleas" and some are coerced into confessing, Greenberg told House members.

"What you've come up with so far seems woefully inadequate, all the way around. It's hard to see that this is the best Florida can do."

Lee said he favors a solution that did not involve "a protracted and cumbersome process of litigation."

Lee said he met with Dedge's parents, Gary and Mary, and found them "some of the classiest people I have had to confront in this process."

"I was so impressed with the way they conducted themselves - their lack of anger and frustration and respect for the fact that their son is not the only one who has or will find themselves in this situation," Lee said.

Times staff writer Lucy Morgan contributed to this report. Reporter Steve Bousquet can be reached at bousquet@sptimes.com

[Last modified March 31, 2005, 01:43:12]