I'm a big fan of the Innocence Project, which as of last year has helped overturn over 300 wrongful convictions via DNA evidence. Wrongfully sending a person to prison is one of the worst human rights abuses that can occur.
Imagine, though, being wrongfully convicted, serving 21 years in prison, being exonerated, and still getting the shaft:
A Durham, North Carolina man who won a $6 million lawsuit after being wrongfully convicted on two murder charges will likely never see the money after the Durham City Council decided against paying him.
Darryl Anthony Howard, who was exonerated in 2016 and pardoned in 2021 by Gov. Roy Cooper after serving 21 years of an 80-year jail sentence, was awarded $6 million by a federal grand jury in December, according to The News & Observer...
The jury also found that Howard's wrongful convictions were a result of retired detective Darrell Dowdy fabricating evidence and performing an inadequate investigation, according to The News & Observer.
In a series closed-door session meetings between December and February, however, the Durham City Council voted against paying the judgment on Dowdy's behalf. The city also expects Howard to pay the legal fees of the two city employees who were dismissed from the case, according to legal documents.
Howard and his attorney found the city's decision concerning, especially after it paid more than $4 million defending Dowdy.
Former prosecutor Mike Nifong, who originally handled Howard's case, was disbarred for lying and misconduct in the case of rape accusations against Duke University lacrosse players who were later found innocent.
It's gut-wrenching even to read about it.
Update, 4/21/22: Some clarification:
In a series of closed session meetings between December and February, however, the Durham City Council voted against indemnifying Dowdy and paying the judgment to Howard on behalf of the former city employee.
Rehberg pointed to a North Carolina statute that she said prohibits the city from paying judgments on behalf of individual employees if the city council finds that the employee or former employee "acted or failed to act because of actual fraud, corruption or actual malice on his part."
4 comments:
Sounds like time to get the State police to freeze bank accounts. IE, city payroll.
Rules for me, and rules for thee, I guess.
I looked up this case because I was thinking the article had to be leaving something out. In another, I learned that the city took the view that Dowdy was not acting "in good faith." The city covers their employees wrong-doing if at the time they were acting in good faith, meaning they thought their were doing right. Since Dowdy intentionally did not follow proper police actions and at times, violated Howard's rights, he did not act in good faith. So, the city is taking the side of he was not our employee once he screwed Howard. Therefore, the city is no longer a part of the legal proceedings. So, Dowdy must pay for his own defense and pay any fines associated with it. As soon as Dowdy comes up with $6 million, Howard gets his money.
Pretty sucky way to do business.
I read the same thing so posted an update. Agree that it's a sucky way to do business.
Darryl Anthony Howard, who was exonerated in 2016 and pardoned in 2021 by Gov. Roy Cooper after serving 21 years of an 80-year jail sentence, was awarded $6 million by a federal grand jury in December, according to The News & Observer...
Darren, this don't pass the smell test. I tried the link to this paragraph and it's not working. But more to the point, grand juries do no judge a verdict in a case, they just review if there is enough evidence to allow a trial in the first place. Also, assuming a federal court did find for Mr. Howard, a state law is illrelivant. Last time I checked, federal law overrules state.
And yes, if the cop lied on this, he deserves to be held to account.
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