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  • Wrongly Convicted Man Gets State House Attention 
    Reported by: Patrick Fazio

    Thursday, Oct 1, 2009 @10:00pm EDT

    The Wabash Valley man still convicted of murder is getting attention at Indiana's State House. A hearing Thursday afternoon focused on a proposal for a new law to help wrongly imprisoned people.

    "It's this Scarlet Letter," says David Scott's Pro Bono Attorney Bill Olah who testified before an Indiana Legislative Committee Thursday to request a new law.

    David Scott's other Pro Bono Attorney Will Frankel testified, "He faces the challenge of getting the people and the system who helped see that he be put in prison, basically admit that they made a mistake."

    DNA testing freed Scott last year after he was wrongly imprisoned for 23 years. But the murder conviction is still on his record.

    "He's still a convicted felon. He can't vote, he can barely get a job of any size or magnitude. He can't even get a library card," Olah says.

    "The State Police are in my opinion the people who should know this case the best having first led the investigation and the conviction, and having looked at it again who say, 'You know, He didn't do it,'" says Frankel.

    State Police had secretly recorded Scott confessing to the 1984 Vigo County murder. But Scott says he was just impressing his friend. It was the only evidence against Scott and was full of inconsistencies.

    Frankel says, "Someone else was subsequently charged with this same crime. The prosecution's story the whole trial was there's only one man who did it and it wasn't David Scott."

    But that man was not convicted of the murder, despite an eyewitness and his DNA at the crime scene. Now the prosecutor and judges won't clear Scott's conviction.

    "There's fear of embarrassment. I think there's concern of what are the implications, whether there be a civil suit that arises from it," Frankel says.

    But lawsuits would be avoided if state lawmakers also pass an automatic compensation law for wrongly convicted people.

    "There are 21 states plus the District of Columbia and the federal government that allows compensation for wrongful conviction," says State Representative Vern Tincher (D - Riley), who wants the committee to recommend a compensation law as well as a law to automatically clear a wrongly convicted person's record, "It's time that Indiana passed a statute allowing for expungement of a criminal record of a person who is wrongfully convicted."

    A law that would expunge a record retroactively for David Scott, and for anyone else wrongly imprisoned in the future.

    If the Sentencing Committee approves a wrongly convicted bill or compensation bill, they could be drafted by November. Then Indiana lawmakers could vote the bills into law in January.
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