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Reilly accused of funds delay for ex-inmates
By Boston Globe
Published: 06/27/2005

Six months after Massachusetts agreed to compensate wrongly convicted felons, 10 former inmates who have applied for money have not received a dime, prompting their advocates to accuse Attorney General Thomas F. Reilly of putting up roadblocks.
The former prisoners -- two of whom spent about 19 years each behind bars for crimes they did not commit -- have filed claims dating back to January under a law that provides a maximum of $500,000 for erroneous convictions. However, Reilly, who represents the state in such claims, appears to be adopting an adversarial approach, according to lawyers for the former inmates and lawmakers.
The law, which went into effect Dec. 30, set up a system for wrongly convicted felons to seek compensation at civil trials. The former inmates' lawyers and sponsors of the bill said they expected the attorney general would simply approve claims filed by defendants later found not guilty through incontrovertible evidence like DNA rather than litigate them. But, the lawyers said, Reilly has gone so far as to ask the Superior Court to slow the process in the case of at least one defendant cleared by prosecutors.
''Instead of accelerating the process so that these individuals could be properly compensated, the Commonwealth has attempted to move these cases onto a slower track," said Robert Feldman, a lawyer for two men who filed claims and cofounder of the New England Innocence Project. ''These individuals have lost five, 10, 20 years of their lives and are released from prison with nothing, absolutely nothing."
Corey Welford, a spokesman for Reilly, defended the attorney general's handling of the claims. He said Reilly has to verify that each individual was wrongly convicted, run criminal background checks, and comply with a requirement that the former inmate committed no other crimes in the cases that sent them to prison.
''These are very sensitive cases, and everyone can understand why the plaintiffs would want the decision immediately," Welford said. ''But we also have a job to do, and our job is to gather the information to make sure the plaintiffs meet the requirements laid forth in the statute."
At least 23 people in prison have had their convictions overturned in Massachusetts over the past 23 years, according to the New England Innocence Project. Of the 10 people who have filed claims, six were Suffolk County cases. The rest were from Middlesex, Hampden, and Plymouth counties.


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