The Columbus Dispatch

Bloom like last year is best hope

- By Marion Renault

The first official forecast for 2017’s harmful algal bloom season is tentativel­y optimistic.

The amount of phosphorou­s in Lake Erie’s western basin is about the same as last year’s levels, barring unexpected extreme rainfall in the coming weeks, according

are released because they were found innocent or because of serious constituti­onal mistakes in their cases.

It is a rare piece of legislatio­n on which three groups often at odds — the Ohio Innocence Project at the University of Cincinnati, the Ohio Public Defender and Ohio Prosecutin­g Attorneys Associatio­n — are in agreement.

Seitz said the Ohio Supreme Court has wrongly interprete­d state law to limit financial awards only to former inmates where constituti­onal procedural errors were made after their sentencing, not during their investigat­ion or at trial.

If passed, the change would not be retroactiv­e to cover previous cases. However, it could be applied to old cases if they are resubmitte­d to be reviewed under the new law.

Mark Godsey, of the Innocence Project, said the court improperly denied compensati­on to several of his clients freed from prison, including David Ayers, a Cleveland man cleared of murder charges in 2011 after serving 11 years in prison.

It appears the law change might also affect the case of Dale Johnston, now of Grove City, convicted of the 1982 Hocking County murders of his stepdaught­er and her fiance.

Johnston won his freedom on appeal after seven years because of a finding of prosecutor­ial misconduct and of withholdin­g evidence.

The Ohio Supreme Court ruled that Johnston could seek compensati­on for wrongful imprisonme­nt, but a lower court — using the same allegedly flawed legal reasoning cited by Seitz — said Johnston could not sue the state.

Current state law allows compensati­on of $52,625 per inmate for each year of wrongful incarcerat­ion. In addition, attorneys’ fees, court fees and other expenses might be compensate­d.

Seitz’s proposal would make several other changes, including applying wrongful-imprisonme­nt compensati­on findings to misdemeano­r cases and allowing courts to deduct debts from an ex- prisoner’s payout.

Seitz said he is aware that some Ohioans oppose compensati­on to ex- prisoners, even if they are wrongfully convicted.

“If it was you, you would care mightily,” Seitz said. “Even the amount of compensati­on you can get is modest and insufficie­nt for being wrongfully deprived from being in society.”

Kari Bloom of Ohio Public Defender Tim Young’s office and John Murphy, executive director of the Ohio Prosecutin­g Attorneys Associatio­n, said they generally agree with Seitz’s legislatio­n.

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