Because California provides exonerees with less state support than others released from prison, they are often nearly destitute when they are freed.
Zavion Johnson visits his daughter's grave in Sacramento. Johnson was convicted of second-degree murder in the 2001 death of his 4-month-old daughter, Nadia Dyvine Johnson. He was exonerated in 2017 and released from prison after 16 years. Advertisement
“I didn’t get away with a crime, so why [do] I just want to be thankful for being free?” Caldwell asked. “I’m going to be thankful when I get the justice of me being free, my actual innocence, the compensation, the truth.”unfair and burdensome process for financial restitution for exonereesUnder state law, California must pay those wrongfully convicted $140 for each day they spent behind bars — about $1 million in Caldwell’s case.
“It makes me feel, I don’t want to say unwanted, but alien,” he said. “I am back in society, yes, but with extra worries and extra stress.” Those who represent the exonerated say overturning a conviction is onerous and requires presenting new evidence that, had it been heard during the original trial, probably would have led to a different verdict. Once the conviction is wiped out, they say, the presumption of innocence and the culpability of the state for flawed justice are indisputable.
“Sometimes they get it right and sometimes they don’t, and it seems to be arbitrary,” said attorney Linda Starr with the Northern California Innocence Project. “Maybe this isn’t the right place for wrongful-conviction determinations,” Ramos said. “Why isn’t it under the judicial arm of our government? Wouldn’t that make more sense?”
Johnson said he is awaiting the outcome of the pending legislation before filing his own claim with the board. Like Caldwell, Johnson’s case highlights the potential disparity between legal outcomes and winning compensation. “That’s when she kicked off my chest, slipped and hit her head,” said Johnson, rubbing his knuckles as emotion threatened to seep out.
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