Court Upends Award, Including Attorney Fees, for Wrongful Murder Conviction
A New Jersey man who spent more than 20 years in prison on a double murder conviction before being released for lack of evidence won't be eligible for compensation unless he can actually prove he was innocent, a state appeals court has ruled.
August 17, 2017 at 03:01 PM
6 minute read
A New Jersey man who spent more than 20 years in prison on a double murder conviction before being released for lack of evidence won't be eligible for compensation unless he can actually prove he was innocent, a state appeals court has ruled.
A three-judge Appellate Division panel in Kamienski v. New Jersey ruled Wednesday in a case of first impression that a habeas corpus ruling by the U.S. Court of Appeals for the Third Circuit in plaintiff Paul Kamienski's favor was insufficient evidence to show that he was eligible for compensation under the state's Mistaken Imprisonment Act.
Appellate Division Judge Marianne Espinosa, joined by Judges Carmen Messano and Michael Guadagno, overturned a ruling by Mercer County Superior Court Judge Darlene Pereksta to award Kamienski $343,000 in compensation and $90,230 in counsel fees on summary judgment.
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