Senators Debate Restitution for Wrongly Convicted
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Posted: 6:45 PM Mar 2, 2009
Senators Debate Restitution for Wrongly Convicted
Lincoln
State lawmakers debate how much the wrongly convicted should be compensated for loosing their freedom.
Reporter: Christie Bett
Email Address: christie.bett@kolnkgin.com
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How much do you pay someone who sat in jail for 20 years for a crime they didn't commit?

That's the question state lawmakers were faced with Monday when debating LB 260, a bill that would pay at least $25,000 dollars for each year spent in prison to those found to be wrongly convicted.

State senators seem to agree that those wrongly convicted, like the six people in Beatrice recently exonerated for the 1985 rape and murder of Helen Wilson, deserve some sort of compensation by the state.

"When someone has been deprived of his or her liberty because of a wrongful conviction on the part of the state and we as a state i believe as an act of justice need to remunerate that person in some way shape or form," said Senator Tony Fulton of Lincoln.

Fulton says LB 260 needs to be more specific on the form the restitution takes, and how much the state could have to pay out.

"A concern that I had was shouldn't we have some sort of cap to know that the state isn't liable to an open-ended amount that could really cause the state serious harm," said Fulton.

Rogert 00;56;35;10i don't have a problem doing the cap

Senator Kent Rogert of Tekamah introduced the bill and says he doesn't have a problem with the cap. Rogert says while helping the underdog is his passion, he also wants to hold law enforcement officials accountable.

"It kind of gives us the fact that the state is sovereign and we limit ourselves so well in what we're liable for, but this says that we are merciful and we do admit when we do something wrong," said Rogert.

Another concern brought up by Senator Brenda Council of Omaha is how difficult it would be to qualify for the restitution.

"In order for someone to be eligilble under this bill, they have to prove by clear and convincing evidence, that is one of the highest proof, if not the highest proof standards in the law," Council said.

The bill says the monetary restitution would be doubled for anyone who spends time on death row, and none of the money would be subject to taxes like income tax.
Also, the bill would cover the six people who were previously in jail for killing Helen Wilson.

The Legislature will continue debate on LB 260 Tuesday.


Latest Comments

Posted by: T Location: Lincoln on Mar 4, 2009 at 03:45 PM

How about the senators and judges take a cut in pay to pay for this.It's not the taxpayers fault,our justice system is failing every year.
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Posted by: Anonymous Location: Nebraska on Mar 3, 2009 at 02:04 PM

Have those who have proposed the $25,000 yearly amount done the math on just how much this will cost us? The State of Nebraska will be broke in no time and we won't have to worry about how we're going to spend any surplus we might have? What has ever happened to common sense? If these people had been home with their families in the first place that night instead of out and about, they would have never been in this situation. But then, it's always easier to blame someone else for your bad behavior and lack of good judgment than to be an adult and admit that you did something wrong!
[ Report Abuse ]
Posted by: d on Mar 3, 2009 at 11:03 AM

They amitted doing the crime so they should get nothing at all. If they would have stood by saying they didn't do it then maybe something but in this case nothing should be given to them.
[ Report Abuse ]
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