Chronicling the high cost of our legal system

Overlawyered

October 31st, 2007 at 12:07 am

Ordeal not over

Dwayne Dail spent 18 years in a North Carolina prison on false charges of rape. When he got out based on new DNA findings, his ex-girlfriend promptly sued him for child support. (Mandy Locke, “Dail, expecting $360,000, sued by ex-girlfriend”, Raleigh News & Observer, Oct. 24; “Wrongly Convicted Man Sued for Child Support”, WRAL, Oct. 23; “Prosecutor: Wrongful Conviction Is ‘Nightmare’”, WRAL, Aug. 29; “Dwayne Dail responds to lawsuit”, Goldsboro News-Argus, Oct. 28).

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  • 1

    Isn’t child support based on ones pay? So if he made $0 for 18 years, then she is entitled to X% of that $0.

    KevinM on October 31st, 2007
  • 2

    KevinM,

    Go look up “imputed income”. After you’ve picked your jaw up off the floor and recovered from the induced heart attack at the blatant injustice and essential enslavement involved, hope and pray that the judge who hars this case understands that, as the guy was in jail, he wasn’t making less than he could have by his own choice.

    Deoxy on October 31st, 2007
  • 3

    He was freed only because evidence that should have been destroyed, wasn’t.

    Could someone please explain to me why prosecutors, who will tell you they don’t seek mere convictions but instead “seek justice,” are against measures designed to ensure that evidence used at trial is not destroyed?

    Public storage isn’t that expensive, so cost obviously isn’t the issue.

    Could it be that most prosecutors care more about convictions than about justice?

    Mike on October 31st, 2007
  • 4

    What do you want to bet that she received public services all these years for the child and that if some idiot court finds in her favor the state steps in and recovers their money? In North Carolina child support cases are brought by the state if the mother receives assistance and the state recovers a good bit of it’s money from the child support. She and her lawyer may end up with nothing. At least that part of it would be funny.

    Dave_D on November 1st, 2007