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Texas DNA exonerees find prosperity after prison

Fri Sep 4, 2009 5:30 AM EDT
us-news, us, millionaires, exoneree, thomas-mcgowan
Jeff Carlton, Associated Press
< PreviousNext >
showing 1 of 2 photos
<p>Shown Tuesday, August 25, 2009 is Thomas McGowan, a DNA exoneree released last year after nearly 23 years in prison, at his sister's home in Garland, Texas. Starting Sept. 1, dozens of wrongly imprisoned Texas men who spent decades behind bars can begin applying for state compensation that will make many of them millionaires. (AP Photo/Donna McWilliam)</p>

Shown Tuesday, August 25, 2009 is Thomas McGowan, a DNA exoneree released last year after nearly 23 years in prison, at his sister's home in Garland, Texas. Starting Sept. 1, dozens of wrongly imprisoned Texas men who spent decades behind bars can begin applying for state compensation that will make many of them millionaires. (AP Photo/Donna McWilliam)

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DALLAS — Thomas McGowan's journey from prison to prosperity is about to culminate in $1.8 million, and he knows just how to spend it: on a house with three bedrooms, stainless steel kitchen appliances and a washer and dryer.

"I'll let my girlfriend pick out the rest," said McGowan, who was exonerated last year based on DNA evidence after spending nearly 23 years in prison for rape and robbery.

He and other exonerees in Texas, which leads the nation in freeing the wrongly convicted, soon will become instant millionaires under a new state law that took effect this week.

Exonerees will get $80,000 for each year they spent behind bars. The compensation also includes lifetime annuity payments that for most of the wrongly convicted are worth between $40,000 and $50,000 a year — making it by far the nation's most generous package.

"I'm nervous and excited," said McGowan, 50. "It's something I never had, this amount of money. I didn't have any money — period."

His payday for his imprisonment — a time he described as "a nightmare," "hell" and "slavery" — should come by mid-November after the state's 45-day processing period.

Exonerees also receive an array of social services, including job training, tuition credits and access to medical and dental treatment. Though 27 other states have some form of compensation law for the wrongly convicted, none comes close to offering the social services and money Texas provides.

The annuity payments are especially popular among exonerees, who acknowledge their lack of experience in managing personal finances. A social worker who meets with the exonerees is setting them up with financial advisers and has led discussions alerting them to swindlers.

The annuities are "a way to guarantee these guys ... payments for life as long as they follow the law," said Kevin Glasheen, a Lubbock attorney representing a dozen exonerees.

Two who served about 26 years in prison for rape will receive lump sums of about $2 million apiece. Another, Steven Phillips, who spent about 24 years in prison for sexual assault and burglary, will get about $1.9 million.

The biggest compensation package will likely go to James Woodard, who spent more than 27 years in prison for a 1980 murder that DNA testing later showed he did not commit. He eventually could receive nearly $2.2 million but first needs a writ from the state's Court of Criminal Appeals or a pardon from the governor.

McGowan and the others are among 38 DNA exonerees in Texas, according to the Innocence Project, a New York legal center that specializes in overturning wrongful convictions. Dallas County alone has 21 cases in which a judge overturned guilty verdicts based on DNA evidence, though prosecutors plan to retry one of those.

Charles Chatman, who was wrongly convicted of rape, said the money will allow him some peace of mind after more than 26 years in prison.

"It will bring me some independence," he said. "Other people have had a lot of control over my life."

Chatman and other exonerees already have begun rebuilding their lives. Several plan to start businesses, saying they don't mind working but want to be their own bosses. Others, such as McGowan, don't intend to work and hope to make their money last a lifetime.

Some exonerees have gotten married and another is about to. Phillips is taking college courses. Chatman became a first-time father at 49.

"That's something I never thought I'd be able to do," he said. "No amount of money can replace the time we've lost."

The drumbeat of DNA exonerations caused lawmakers this year to increase the compensation for the wrongly convicted, which had been $50,000 for each year of prison. Glasheen, the attorney, advised his clients to drop their federal civil rights lawsuits and then led the lobbying efforts for the bill.

Besides the lump sum and the monthly annuity payments, the bill includes 120 hours of paid tuition at a public college. It also gives exonerees an additional $25,000 for each year they spent on parole or as registered sex offenders.

No other state has such a provision, according to the Innocence Project.

Exonerees who collected lump sum payments under the old compensation law are ineligible for the new lump sums but will receive the annuities. Whether the money will be subject to taxes remains unsettled, Glasheen said.

The monthly payments are expected to be a lifeline for exonerees such as Wiley Fountain, 53, who received nearly $390,000 in compensation — minus federal taxes — but squandered it by, as he said, "living large." He ended up homeless, spending his nights in a tattered sleeping bag behind a liquor store.

But after getting help from fellow exonerees and social workers, Fountain now lives in an apartment and soon will have a steady income.

Fountain's story is a cautionary tale for the other exonerees, who meet monthly and lately have been discussing the baggage that comes with the money.

Chatman said he's been approached by "family, friends and strangers, too."

"It takes two or three seconds before they ask me how much money, or when do I get the money," he said. "Everyone has the perfect business venture for you."

Though appropriately wary, the exonerees say they are excited about having money in the bank.

"You're locked up so long and then you get out with nothing," McGowan said. "With this, you might be able to live a normal life, knowing you don't have to worry about being out on the streets."

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Sgt C USMC

Will those wrongly accused names be removed from the sex offenders database ? It doesn't mention that, but I would presume so.

Also, I'm glad to see justice is served, but for those receiving these compensation packages just remember those expenses you may not have had to ever deal with before - property taxes, income taxes, and all the associated fees. My graduate study project was on windfall millionairees and how accumulating money doesn't buy the knowledge to properly handle it. So for the exonerees, please don't become another statistic by buying a mansion and a ferrari and having them siezed by the IRS next year. Take some investment classes, learn good management procedures, and remember , compound interest is your friend!

    Reply#1 - Fri Sep 4, 2009 12:08 PM EDT
    Peter Mario Villafana

    The audacity of the journalist exclaiming that these wronged men will be instant millionaires. Is 23 years instant? Does money really repair the psycological and emotional fault lines? The real issue is that collectively the 'War on ......" authorizes the Department of Justice to declare human life value null and void;especially throw-away people. The real drama is that there are no consequences for rogue officers of the court from the bench to the truth telling officer. In any case there are too many careers and too much municipal investment dollars associated with dis-enfranchising these men in the first place. Being the economic engine to many a state, the long term projections are too rosy to leave up to chance. Oh since I am on this little soap box how about all the federal dollars that follow the population in the gated communities as is reflected on the census. So to titilate with this story sensationalising pain and suffering is to lay bare the merciless business model of the media; sell juicy stories all the while being politically correct, and sensitive to the mood of the good people. It is time we grow up and stop the cold indifference.

      Reply#2 - Fri Sep 4, 2009 12:08 PM EDT
      HMMMM...-451064

      Nail on the head Peter.  I find it so pathetic that Texas is proud of itself for "...the nation's most generous package".  Money is the least these people should receive.  If Texans can ever get past their inflated opinion of themselves, justice may eventually prevail.  After moving to Houston, and then running for my life back to civilization 3 1/2 years later, I will forever be amazed at the thought process that occurs there.  Common sense, progression and acceptance are not in the Texan vocabulary.  More to be pitied than anything.

        Reply#3 - Fri Sep 4, 2009 12:55 PM EDT
        melazyh

        HMMMM, why should the State of Texas repay these people in such a generous manner? Most of the rural people in this state don't  make $80,000 a year. Heck, alot of us don't make the $40-$50 thousand a year that they will continue to receive for the rest of their life. Don't get me wrong, these people have been served a terrible injustice, and they deserve something. I don't expect you to pay me for something that you haven't done. As far as their compensation package, it includes training, schooling, counseling, and medical assistance.

        And a parting note! I have a friend who has been to prison. I will share his comment with you. "Prison probably rescued alot of those guys."

        As far as your views on Texas. Texans work hard for a living. Yankees that come down here don't understand that. We have an over inflated view of ourselves because we are confident in who we are and what we do. We really don't need you, the government or anyone else telling us how to live our lives. We try to enjoy life, not just live it. Wide open spaces and clean air make life happy for us. So, if you don't like it, stay in your over populated city, deal with your government intrusion, and continue to hope that someone will make your life happy for you.

                                                                                    NATIVE TEXAN, AND DAMN PROUD OF IT!!!!!

          Reply#4 - Sat Sep 5, 2009 9:26 AM EDT
          HMMMM...-451064

          melazyh - How in the world can you possibly think that your "parting note" (which, by the way, generally ENDS a statement) makes any sense?! This man had nothing to be rescued from! The injustice that occurs in the prison, jail and justice system in Texas is the pathetic and typical "good ol' boy" mentality that the rest of the nation relates to your state.

          And as far as the rest of your statement? It's very clear where your heading. What's comical is that those of you who want to secede are clueless to the fact that the rest of the nation would WELCOME that move! "Government intrusion"? Where would the unemployed Texans be without the stimulus money Rick Perry so reluctantly wanted to take? Do you know any elderly on Medicare? Any of your friends or family receiving government assistance just to survive? Please secede. Y'all do need us, and what better way to find out?

          "Texans work hard for a living", "Yankees come down here..." and actually the whole of that paragraph are a prime example of the narrow mindedness that prevails down there. You need to venture out of your area before making generalizations. First of all, clean air? I don't live in an overpopulated city. I live in a town that has been in the top 5 for clean air and living for the past 6 years. NO city or town in Texas has that claim. And, while living down there, I learned very quickly that the word "Yankee" was meant to be derogatory, as well as all of the racist remarks toward minorities. As your "...damn proud..." to be a Texan, I too am damn proud to be a Yankee (thank you for capitalizing the "Y"). The North DID win. Get over the sour grapes and move on.

            #4.1 - Wed Sep 16, 2009 8:28 AM EDT
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            breelaboyDeleted
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