Milwaukee Journal Sentinel

No payment to ex-prisoner after tossed conviction

Claims Board requires evidence of innocence

- Bruce Vielmetti

After six years in prison, Michael Winston won his freedom last year when prosecutor­s dismissed the charges against him rather than prosecute a new trial a judge had ordered.

But that doesn’t mean Winston is innocent by its standard, the state Claims Board decided Tuesday.

Winston sought the $25,000 maximum payout for his time in prison since a 2013 conviction for attempted homicide, kidnapping, robbery and recklessly endangerin­g safety, plus $250,000 for pain and suffering.

To qualify for the state payments, Winston had to show by clear and convincing evidence that he was, in fact, innocent of the offenses for which he was convicted, not just cleared.

The Milwaukee District Attorney’s Office noted the reason it decided to drop the charges instead of retrying Winston was that police couldn’t locate the victim — the main witness in the case who said Winston shot him.

Winston maintained throughout that he was not involved in the crime.

Winston had won the new trial after persuading a judge that his trial attorney had failed to call his girlfriend as an alibi witness.

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