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Little compensation in Calif. for wrongly convicted

Difficult process for requesting compensation by wrongly convicted inmates

By Drew Johnson
Corrections1 Editor

SAN FRANCISCO — There are 132 people in California who have filed compensation claims for being wrongfully convicted since 2000. Out of those, only 11 have been awarded compensation, according to a recent San Francisco Chronicle report.

The Chronicle article focuses on Jeffrey Rodriguez, an innocent man who spent five years in a Santa Clara Jail before being declared innocent.

Rodriquez petitioned a three-person state panel to receive $138,100 compensation, which was denied.

According to the Chronicle article, under California state law, claimants must prove the following three points to receive compensation: that they did not commit the crime or the crime did not take place; that they did not contribute to their arrest by ‘voluntarily’ or ‘knowingly’ professing guilt to the crime; and that they experienced financial losses as a result of their incarceration.

Rogriguez’s claim was initially denied, according to the Chronicle, because his victim still believed Rodriguez was guilty.

Rules governing the claims process in California differ from criminal proceedings, according to the Chronicle article, and individuals who cannot afford to hire an attorney are not provided with legal counsel.

In 2009, Santa Clare County settled with Rodriguez for $1 million