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Wrongly Convicted Man Sued for Child Support

Discussion in 'Off-topic Zone' started by trickblue, Oct 24, 2007.

  1. trickblue

    trickblue Old Testament... Zone Supporter

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    Wrongly Convicted Man Sued for Child Support
    Dwayne Allen Dail

    Raleigh — A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for back child support.

    Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker and hair found at the scene was similar to his. But DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack.

    Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to receive $360,000 from the state – $20,000 for each year he spent in prison.

    Dail, who now lives in Florida, was served Tuesday with a lawsuit by Lorraine Michaels, the mother of his son, who is seeking back child support. The suit does not specify how much money she wants, as is normal in North Carolina, but asks a "reasonable sum for the care and maintenance of the minor child" Dail did not provide while he was in prison.

    "Since his release, Mr. Dail has not indicated any intention to provide support to Ms. Michaels," Michaels' attorney, Sarah Heekin, said in a statement. "In order to fully protect my client’s statutory rights, it was necessary to file an action for child support prior to the minor’s eighteenth birthday."

    Dail said he was devastated by the suit. He said his son recently moved to Florida to live with him.

    "I was thrown in prison. What could I do? I missed my whole life. I missed my son's whole life. I'm not the person to be compensating anyone for anything – not me," Dail said.

    "I'm sure the mother had her issues over the years, but nothing like the issues that Dwayne Dail dealt with for 18½ years,” said Chris Mumma, the attorney who helped establish Dail’s innocence.

    Heekin, who said she filed the suit last week, works in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.
  2. Mavs Man

    Mavs Man All outta bubble gum

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    Wow, that's harsh, and does little to help the child now that the child is fully grown. It's about cashing in. It's a little ironic that he was sent to jail for rape, since he's been getting raped ever since.

    Also, is that lump sum tax-free? Would seem pretty messed up for the gov't to take a chunk out of it, but not surprising.
  3. trickblue

    trickblue Old Testament... Zone Supporter

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    In a follow-up... they are asking for... you guessed it... $360,000... :rolleyes:
  4. Mavs Man

    Mavs Man All outta bubble gum

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    :huh:

    That's just ********. He does nearly 20 years for a crime he was later exonerated for, and his reward is to give his entire settlement from the state to the mother?
  5. trickblue

    trickblue Old Testament... Zone Supporter

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    That would suck for him...
  6. peplaw06

    peplaw06 That Guy

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    This tells you all you need to know. Another prosecutor too invested in the outcome of his case.

    I know in Texas that inability to pay child support can be a defense. And if you are in prison, you are unable to pay child support.
  7. Rack Bauer

    Rack Bauer Federal Agent

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    I hope there is a hell, and I hope to see that lady there some day.


    Freakin' evil... woman.



    I hope he "wins".

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