Some Exonerated Inmates Remain in Legal Limbo

Sentencing/Post Conviction

Some Exonerated Inmates Remain in Legal Limbo

Posted Apr 28, 2008, 10:54 am CDT
By Debra Cassens Weiss

Inmates in some states who are exonerated by DNA evidence or court rulings are finding that their felony conviction remains on the books, hindering their search for jobs and their ability to travel.

The Washington Post cites the case of Tabitha Pollock, whose murder conviction was based on a contention that she should have known her boyfriend would kill her daughter. The Illinois Supreme Court overturned the conviction, saying “should have known” was not sufficient justification for a murder charge.

But Pollock, who spent six years in prison, cannot become a teacher and cannot collect damages from the government. Customs officials noted the conviction and questioned Pollock about it on a trip to Australia. She has been seeking a pardon since 2002, but Illinois Gov. Rod Blagojevich has not acted.

Stephen Saloom, policy director of the Innocence Project, said that in cases like Pollock’s, "in effect, the sentence just goes on." He said 22 states and the District of Columbia provide some form of compensation after an inmate is exonerated.

Illinois provides $60,150 to exonerated inmates who spend five years or less in prison, and $120,300 for six to 14 years. But the money can’t be collected without a “pardon based on innocence.”

Saloom says exonerated inmates need immediate help. "It's not enough to let the person out of prison," he said.

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Sentencing/Post Conviction