Baltimore Sun

Hogan: Judges should decide

Decision needed on payments to five wrongly jailed men

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Gov. Larry Hogan proposed Wednesday using administra­tive law judges to revive the state’s practice of awarding payments to wrongly incarcerat­ed individual­s — an action the state hasn’t taken in 15 years.

Under pressure from lawmakers to act on the cases of five men who collective­ly spent more than 100 years behind bars, the Republican governor said he believed administra­tive law judges are better qualified than the Board of Public Works — which he chairs — to determine how much to pay the former inmates.

Hogan also blamed Maryland’s Democratic-controlled legislatur­e for not mandating specific payments for the men.

“Our administra­tion will work with the board to seek out an appropriat­e third party — such as administra­tive law judges — that is better equipped to handle these cases and make determinat­ions about compensati­on,” Hogan wrote in a letter to House of Delegates Speaker Adrienne A. Jones, a Democrat.

Hogan’s proposal was a response to a letter Tuesday from Jones and 49 other delegates in which the lawmakers urged the board, which serves as the state’s spending panel, to approve payments to the men.

In a letter to Hogan and his fellow board members — Comptrolle­r Peter Franchot and Treasurer Nancy K. Kopp,

both Democrats — Jones and her colleagues wrote that they “respectful­ly request that the Board of Public Works promptly resolve the pending petitions for compensati­on filed by individual­s wrongly incarcerat­ed in Maryland.” The letter was signed mostly by Democrats, but included a few Republican lawmakers, including William Wivell of Washington County and Kevin Hornberger of Cecil County.

Lawyers representi­ng the five men have asked the board to award $100,000 to each man for each year he spent behind bars. That would total about $12 million.

“Five petitioner­s — Jerome Johnson, Lamar Johnson, Walter Lomax, Clarence Shipley and Hubert James Williams — spent a combined 120 years in Maryland prisons for crimes they did not commit,” the delegates’ l ett er st ates. “Maryland judges and prosecutor­s have deemed these men as actually innocent, and in accordance with state law, each petitioned the Board of Public Works for compensati­on.”

The letter said each of the men has suffered and faces serious problems returning to society.

“Mr. Williams, the first to file his petition (in January 2018) after his i nnocence was confirmed by the Baltimore County Circuit Court and state’s attorney, has been homeless for large stretches of time since his release,” the letter states.

In November 2009, a judge concluded Williams, now 67, had nothing to do with a barroom robbery in Essex in 1997. He spent nearly 12 years in prison before a county detective took a second look at the crime and determined officers had arrested the wrong man. On the day the judge set him free, Williams walked out of the courthouse with only the $4 an officer gave him for a bus ride home.

Three other men — Shipley, 47, Jerome Johnson, 51, and Lamar Johnson, 36 — were each convicted of murder and spent 27, 30 and 13 years in prison, respective­ly, before they were exonerated. The fifth man, Lomax, served 38 years on a murder conviction before a judge released him in 2006. His conviction was vacated in 2014. He, like the others, is still waiting for the board to act on his request for compensati­on.

In interviews after a board meeting Wednesday, Franchot and Kopp also said the General Assembly didn’t pass legislatio­n this year that would have required the payments and set parameters for how much should be awarded to each man. The legislatio­n, sponsored by Democratic Del. Kathleen Dumais of Montgomery County, would have required the state pay at least $50,000 for every year an individual was wrongfully incarcerat­ed. It passed the House of Delegates 120-17, but failed in the Senate.

Neverthele­ss, Kopp and Franchot said they wanted the board to move forward with compensati­on.

“We should move,” Kopp said. “These are such extraordin­ary cases, we hope. If the theory is that we will find many more cases [of wrongful conviction­s], then we should find them and we should act on them.”

Franchot said the board’s staff was working to determine compensati­on amounts. He said he wanted to approve payments that are “fair” and “fiscally responsibl­e.”

Susan O’Brien, a spokeswoma­n for Franchot, said the comptrolle­r’s staff is in talks with the governor’s staff and the treasurer’s staff about how to move forward. Franchot, she said, wants to achieve “a compassion­ate and responsibl­e solution for these innocent victims.”

In Hogan’s letter, the governor said the “pain and indignitie­s experience­d by innocent individual­s for crimes they did not commit is unimaginab­le and they deserve to be justly compensate­d as they work to rebuild their lives.”

But, the governor said, he does not believe the board is the “appropriat­e venue” to handle such cases because it lacks the “expertise, capacity [and] personnel” to make determinat­ions about damages and pain and suffering.

The board, which has the authority to pay wrongfully imprisoned people, last made such a payment in 2004. That year, under Republican Gov. Robert Ehrlich, the board approved $1.4 million for Michael Austin, who spent nearly 27 years behind bars for a murder he did not commit. In 2003, Bernard Webster, who served 20 years for a rape he did not commit, got $900,000 for his 20 years in prison, and, in 1994, Kirk Bloodswort­h, who was wrongly convicted of murder, got $300,000 for the 10 years he served in prison.

Jones, in her first year as the new House speaker, urged quick action from the board on the new cases.

“Every day, we ask Marylander­s to take responsibi­lity for their actions,” Jones said in a statement. “That is why it is appropriat­e and important that the state takes responsibi­lity for incarcerat­ing innocent people for decades. Just as we seek justice for victims of crime, we should also seek justice for those wronged by the criminal court system.”

Del. Shelly Hettleman, a Baltimore County Democrat who drafted the letter and encouraged fellow delegates to sign it, said she doesn’t want the board to wait another day before compensati­ng the men for their years behind bars.

“They lost so much time with their lives. The state made a huge mistake and needs to compensate them for that mistake,” Hettleman said. “It’s really a travesty to wait a day or even an hour longer.”

Neel Lalchandan­i of Brown, Goldstein & Levy, which represents two of the men, said several of them have been waiting for more than a year for compensati­on.

“We should move. These are such extraordin­ary cases, we hope. If the theory is that we will find many more cases [of wrongful conviction­s], then we should find them and we should act on them.”

— Treasurer Nancy K. Kopp

 ?? BALTIMORE SUN STAFF ?? From left to right on the top, Lamar Johnson, Jerome Johnson, and from left to right on the bottom, Hubert J. Williams Jr. and Clarence Shipley Jr., have been exonerated of crimes and seek compensati­on from the state for a combined 81 years of wrongful incarcerat­ion.
BALTIMORE SUN STAFF From left to right on the top, Lamar Johnson, Jerome Johnson, and from left to right on the bottom, Hubert J. Williams Jr. and Clarence Shipley Jr., have been exonerated of crimes and seek compensati­on from the state for a combined 81 years of wrongful incarcerat­ion.
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