Fla. man refuses state compensation
FORT LAUDERDALE (AP) – A Fort Lauderdale man only needs to sign a few legal papers to start receiving $179,000 from the state and become the first wrongfully convicted person compensated under a new Florida law.
But Leroy McGee is refusing to complete the documents, though the father of five is now living paycheck to paycheck. The carpenter’s apprentice fears that taking the money available under the new Victims of Wrongful Incarceration Compensation Act could end up hurting others who will seek similar reparations in the future.
“I really can use the money, but I want to take a stand,” said McGee, who spent three years and seven months in prison for a convenience store robbery that took place while he was at his janitorial job.
The compensation law was hailed as a milestone when the state Legislature passed it, 159-1, last year. It allows someone who has been wrongfully convicted to apply for reparations-$50,000 for every year spent in prison-without having to submit a claims bill to the Legislature. Claims bills can take years to win lawmakers’ approval.
Though the law took effect in July 2008, McGee is the only person so far to have used it to apply for compensation, according to the state Attorney General’s Office. The state approved him for reparations four months ago.
The sticking point for McGee: The state is refusing to pay back his legal costs for seeking compensation. To become eligible, an applicant must obtain a judge’s order declaring the conviction was wrongful, then petition the state Attorney General’s Office for the reparations money- a process that could take months and would be extremely difficult to navigate without an attorney.
Since the compensation is paid out in a long-term annuity, applicants would have to front their own money to pay their legal costs unless they find lawyers who will do the work for free, argues David Comras, McGee’s attorney.
“Few, if any, of those wrongfully incarcerated would be willing or able to bear such costs, risks and complications on their own account,” Comras wrote the state in a Sept. 15 letter. “And even when successful, they would remain substantially out of pocket for a great number of years concerning these costs.”
The Attorney General’s Office says, though, the law clearly states that the wrongfully convicted are entitled to reimbursement only for those attorney fees and legal costs related to their criminal proceedings. There is no mention of similar expenses being covered for the compensation process, said Ryan Wiggins, a spokeswoman for Attorney General Bill McCollum.
Comras initially agreed to represent McGee on a contingency basis-meaning the attorney would get 25 percent of whatever his client received from the state (or nothing if McGee’s claim was denied). Comras says that if McGee decides to sign for the reparations, he will not hold his client to their agreement.
For now, McGee waits, living with his mother because he can’t afford his own place. He could sign the papers at any time, but he says he won’t until the state covers his legal costs.