Judiciary Committee

JOINT FAVORABLE REPORT

SPONSORS OF BILL:

Rep. Kenneth Green, 1^st District

REASONS FOR BILL:

James Tillman was wrongfully convicted of kidnapping and sexual assault in 1989 and was incarcerated for 18 years, 4 months and 11 days for a crime he did not commit. In June 2006, DNA test results exonerated Mr. Tillman, leading to his release from prison and the dismissal of all charges.

RESPONSE FROM ADMINISTRATION/AGENCY:

Brian S. Carlow, Deputy Chief Public Defender, State of Connecticut – While the Office of Chief Public Defender certainly supports an award of monetary compensation for Mr. Tillman and any other person in a similar situation, we do not represent Mr. Tillman with respect to any claims for compensation he may make and have not advocated for him on this issue. We take no position as to what “just” compensation would be. At the same time, however, we do have some insight into the issues that a wrongly incarcerated person may face upon release and we ask that strong consideration be given to providing such a person with support services that are necessary to ease the transition from an incarcerated life to freedom.

While this is not an exhaustive list, some issues for which supportive services should be provided are:

As Mr. Tillman's case has demonstrated, even if there is to be monetary compensation, it may well be that such compensation is not immediately forthcoming. Thus, you could have a person released after an extended wrongful incarceration who has no money, no job, no health benefits and no support network. These are needs that should be immediately addressed to help ensure a successful and smooth transition as possible.

NATURE AND SOURCES OF SUPPORT:

Attorney Gerard A. Smyth – I respectfully request the Committee's support for this bill, which would compensate Mr. Tillman in the amount of $5 million for his wrongful conviction.

The amount of compensation proposed is both fair and reasonable under the circumstances, and the bill provides that this amount would be in full settlement of any and all claims that Mr. Tillman has against the state or any of its agents, its employees or its officials. This would include claims against the State and several of its employees for actions contributing to his wrongful conviction, against the City of Hartford and members of the Hartford Police Department, and against the UCONN Health Center and its medical personnel for malpractice in its treatment of Mr. Tillman for an injury that he sustained while incarcerated.

One of the most significant of Mr. Tillman's legal claims involves the failure of the state Health Department laboratory to test all of the biological evidence that was available to them at the time of Mr. Tillman's trial and the misleading expert testimony that it provided to the jury based upon inadequate forensic testing. If all of the available evidence had been tested in 1989, Mr. Tillman would have been excluded as the perpetrator of the crime, as he subsequently was by DNA evidence.

The damages to which the state and its agents are exposed are far in excess of the $5 million amount proposed in the bill. In cases of wrongful conviction and incarceration that have been litigated around the country, the typical award is in the range of $1 million per year, for each year of wrongful imprisonment. In Mr. Tillman's case this would amount to at least $18 million. While no amount of monetary compensation can ever repay him for the years of his life that he lost, Mr. Tillman is desirous of settling these claims and moving forward with his life, rather than litigate.

The losses endured by Mr. Tillman as a result of this injustice are considerable, and include the loss of liberty and enjoyment of life from age 26 to 45, the prime years of his life. He also endured mental suffering, psychological damage, and physical injury. In addition, he lost wages, has had his future earning capacity significantly reduced, and suffered a loss of familial relationships, including the fact that he was prevented from marrying, raising a family and owning a home.

In addition to whatever legal liability that the state has, I believe that we as a society have a moral obligation to compensate Mr. Tillman, since it was our own court system and legal institutions that produced this grave injustice. It is now approaching one year since Mr. Tillman was released, and he has received nothing to compensate him for what he lost. In order to live and make ends meet, Mr. Tillman has been working 2 jobs for most of the time since his release. If he is forced to litigate his claims, it will only result in a further delay in his receiving any monetary compensation for what he has suffered. Considerable time has passed since his release and he continues to struggle financially.

While the amount proposed is substantial, you should also be aware that it is the position of the IRS that any compensation that Mr. Tillman or others like him receives for anything other than “physical injury” is income for federal tax purposes and would be taxable at a rate of 35%. While Mr. Tillman would contest this with the IRS, there is a strong possibility that he would have to pay federal income taxes on the award of up to $1.75 million. The bill does provide that the award would be exempt from state income tax purposes.

While passage of this bill is in Mr. Tillman's interest, it would also be in the state of Connecticut's best interest. The cost of litigation alone would be considerable to the state, as well as the amount of any potential jury verdict.

Amanda Melpolder, Policy Advocate, Innocence Project, Yeshiva University – An innocent person wrongly convicted of a crime is robbed of his freedom, his family and friendships, and his livelihood—in order to be subjected to the unique horror of prison. Through the nation's 198 DNA exonerations it has been found that reentering society is profoundly difficult for many exonerees, despite their proven innocence.

After being released from prison, the nightmare does not always end. With no money, housing, transportation, health services or insurance, and a criminal record that is rarely cleared despite innocence, the punishment lingers long after innocence has been proven. States have a responsibility to restore these innocents' lives to the best of their abilities.

By ensuring compensation to the wrongfully convicted, Connecticut would be taking an important step toward ensuring the justice of its criminal justice system.

Although every exonoree's needs are different, there are some fundamental needs that every exonoree faces upon release from prison. Unlike a prisoner released on parole, in 29 states there is no assistance available through the state to help reintegrate the wrongfully incarcerated person back into society. The Innocence Project has found that exonorees need:

Dr. Bruce E. Douglas, Executive Director, Capitol Region Education Council (CREC) –I strongly believe that James would have been a very successful man had he not been incarcerated. His contributions to the community would have immeasurable.

In the short time I have known James, he has impressed me greatly. I have found him to be remarkable and inspirational. He is reliable, and a man of his word. He illustrated that attribute almost two decades ago by his refusal to plead guilty to a crime he did not commit. I also find him very humble, extremely spiritual and moral.

He started at CREC as a part-time file clerk. He is now employed full-time, also serving as a fingerprinting technician. His co-workers and visitors consider him very detailed oriented and extremely pleasant. He is a conscientious and motivated individual.

I mention this initiative because I believe it illustrates how James' work ethic has allowed him take advantage of the opportunities presented to him. I believe that if he had not been robbed years ago of the opportunity to pursue a career, he would have been a leader in his field of choice. He has always made the most of the opportunities that have come his way.

James never had the chance to pursue his ambitions of having a career and a family; he lost the opportunity to be part of our community. There may be critics who may point out his flaws and the minor skirmishes of his youth. However, as a teacher of 35 years, I have seen countless young people turn their lives around and become very successful—that includes me, and many of us in this room.

Given the chance, James would have served as a mentor, a coach, a teacher, a community and church leader. He would have been a force for good. He would have touched lives and made our world a better place as he is doing now.

Timothy S. Fisher, McCarter English Law Firm

NATURE AND SOURCES OF OPPOSITION:

Nothing submitted