stoltz
Platinum
Reged: 01/29/07
Posts: 1478
Loc: Texas
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http://www.wral.com/news/local/story/1961294/
Excerpts:
Raleigh — A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for child support for the years he was in prison.
Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to receive $360,000 from the state – $20,000 for each year he spent in prison.
Dail, who now lives in Florida, was served Tuesday with a lawsuit by Lorraine Michaels, the mother of his son, who is seeking back child support.
"I'm sure the mother had her issues over the years, but nothing like the issues that Dwayne Dail dealt with for 18½ years,” said Chris Mumma, the attorney who helped establish Dail’s innocence.
Heekin, who said she filed the suit last week, works in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2898
Loc: here
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eeww....
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"A man must not deny his manifest abilities, for that is to evade his obligations." ~W.F.~
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Retsparf
Silver
Reged: 09/13/07
Posts: 67
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I love stories like this. They hilight the sense of entitlement that the court system promotes in women. Disgusting.
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stoltz
Platinum
Reged: 01/29/07
Posts: 1478
Loc: Texas
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Entitlement is right. The "child" is now an adult. The woman raised him without any financial support over the years from the father, but now wants compensated for it. Talk about pouring salt in the poor guy's wounds. I'm guessing (based on the last paragraph, especially) she heard of HIS financial "windfall" and dollar signs now show in her eyes. Talk about ruthless.
Now, maybe this is the avenue she must go down, but I would think that she should be suing the state as they caused the whole mess. Of course, the state will turn right around and say the compensation must come from what they already paid him. Based on the scant information in the story, one could probably assume his IMPUTED income (read: unconstitutional indentured servitude) was enough to have an order for about $400/mo or thereabouts.
$400 x 12 x 18 = $86,400
Not too shabby. Of course, that's excluding any additional interest or fees she may be awarded as well as court costs, attorney's fees, etc., she'll probably make him pay.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2149
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Unless there was a valid order in effect while he was in prison , she's statutorily limited to collecting CS retroactively 3 years from the date of filing .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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