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Putting a price on unjust prison time

House and Senate committees agree that those wrongfully convicted deserve compensation but don't agree on how much.

By STEVE BOUSQUET and JONI JAMES
Published April 13, 2005

TALLAHASSEE - State legislators seeking to put a price tag on wrongful imprisonment suggested two answers Tuesday: A panel of senators offered up to $5-million, and a House committee said future legislatures should decide on a case-by-case basis.

The votes came as lawmakers confront the case of Wilton Dedge, a Brevard County man who spent 22 years in state prison for a rape he didn't commit.

Dedge, 43, has asked the Legislature for $5-million for losing more than half his years to an unjust prison sentence. The money would compensate him for lost income, in addition to the time and money his parents and lawyers spent to free him.

The Senate Judiciary Committee voted to set up a system to help people sent to prison who are later found innocent by "clear and convincing evidence."

The bill (SB 1964) is modeled on a law that compensates property owners whose land is confiscated by government for public works projects.

"I tried to steer clear of the emotionalism of this issue," said Sen. Dan Webster, R-Winter Garden.

Under the Senate proposal, a person found by a court to have been wrongly convicted can sue the state, triggering negotiations with the attorney general, who can provide up to $5-million based on lost income, property or other economic issues. If those negotiations fail, the person could seek a jury trial.

A House committee took a different tack. It rejected a proposed $200,000 cap on damages in such cases and instead allowed the payout "to be determined by the Legislature."

The decision was a rebuke of Rep. John Quinones, R-Kissimmee, chairman of the House Claims Committee, who said a $200,000 limit was the "fiscally responsible" approach.

"I don't think anybody can stand here in front of us with a straight face and say $200,000 is adequate compensation for 25 years in jail," said Rep. Jack Seiler, D-Wilton Manors.

The proposal won bipartisan support from the House Justice Appropriations Committee. "Leave it (the amount) open," said Rep. Everett Rice, R-Treasure Island.

Gov. Jeb Bush said he opposed a predetermined limit on how much Dedge should receive.

"This is a unique case," he said. "Maybe it's best to provide an appropriation. The guy, I think, is deserving of support for lost wages and opportunities lost."

--Information from the Associated Press was used in this report.

[Last modified April 13, 2005, 01:29:17]