430
submitted 2 years ago by girlfreddy@lemmy.ca to c/news@lemmy.world

A woman whose murder conviction was overturned after she served 43 years of a life sentence was released Friday, despite attempts in the last month by Missouri’s attorney general to keep her behind bars.

Sandra Hemme, 64, left a prison in Chillicothe, hours after a judge threatened to hold the attorney general’s office in contempt if they continued to fight against her release. She reunited with her family at a nearby park, where she hugged her sister, daughter and granddaughter.

Hemme had been the longest-held wrongly incarcerated woman known in the U.S., according to her legal team at the Innocence Project. The judge originally ruled on June 14 that Hemme’s attorneys had established “clear and convincing evidence” of “actual innocence” and he overturned her conviction. But Republican Attorney General Andrew Bailey fought her release in the courts.

“It was too easy to convict an innocent person and way harder than it should have been to get her out, even to the point of court orders being ignored,” her attorney Sean O’Brien said. “It shouldn’t be this hard to free an innocent person.”

you are viewing a single comment's thread
view the rest of the comments
[-] SirDerpy@lemmy.world 55 points 2 years ago

Under current law, only someone shown to be innocent by means of a DNA test is eligible for compensation after being released. The law allows $36,500 a year for the same number of years the person was wrongly incarcerated.

The vetoed bill would have increased the payment to $65,000 a year and expanded it to include people freed by the conviction review process created in a 2021 law.

Source

The conviction review process:

In order for elected prosecutors to have a pathway to correct wrongful convictions, it was up to the state legislature to pass a law

Source

If this innocent person was eligible for payments in Missouri, which she is not, and if the bill was passed to increase payments, then she may have received a maximum of $2.8m. However, it'd be paid as an annuity of $65k per year. If she dies her family would get nothing more. And, the payments are in lieu of a civil suit.

She'll have to sue if she wants justice. I hope she does. I've been to prison. I think she deserves to be comfortable for the rest of her life.

[-] dubyakay@lemmy.ca 2 points 2 years ago

What did make you enter a prison voluntarily?

[-] SirDerpy@lemmy.world 8 points 2 years ago

Why do you believe it was voluntary?

[-] dubyakay@lemmy.ca -2 points 2 years ago

I didn't. It was a stab in the dark. 50/50 chance.

[-] SirDerpy@lemmy.world 2 points 2 years ago

In the US most of them want out by time the weather gets warm. They spend time in county jails for smaller crimes of misdemeanors. Very few individuals choose state prison for greater crimes of felonies.

How's it setup in Canada? Same thing different words?

[-] girlfreddy@lemmy.ca 3 points 2 years ago* (last edited 2 years ago)

Nope.

Local PD jails are only holding cells for overnight/weekend stays to handle court appearances or until bail can be set. Almost every prisoner then ends up in a provincial correction jail (if bail is not met or offered) until their court case is completed. Sentences of less that 2 years (aka deuce less) are served in the same correction centres, more than 2 years is in a federal penitentiary.

[-] SirDerpy@lemmy.world 1 points 2 years ago

Canada has local facilities and provincial correction facilities performing the tasks of our county jails.

The US also has federal penetentiaries for the worst crimes with the longest sentences. But, it'd be rare for a relatively short two year sentence to be served in one.

The US system seems more distributed. Each state and county can, to a great extent, decide the conditions under which prisoners live. This is one reason it's very difficult to reform our prison system.

All prisoners suffer. Could you please tell me more about how the system is constructed and the nature of suffering in Canada? Are conditions more consistent? Is there access to actual support in rehabilitation?

[-] girlfreddy@lemmy.ca 2 points 2 years ago

Our institutions still have ongoing issues with solitary confinement, lack of mental health supports and lack of training/retraining opportunities.

Conditions tend to be better than what American jails sound like (a guess, as I can only go on what I read about them).

I'm unsure what you mean about how the system is constructed, ie: judicial, penal, etc

[-] SirDerpy@lemmy.world 1 points 2 years ago

In the US the federal penetentiaries housing a minority of prisoners are fairly consistent. But, there's tremendous variation in conditions in different state prisons and different county jails. An urban center may have a "bad" city jail. A neighboring affluent county's jail is where someone may try to go voluntarily. Another neighboring povertous county's jail may be "worse" than the urban for a whole different set of reasons.

If an individual was arrested a bunch of times all over Canada and all over the US, then it seems like the experiences would be significantly more consistent in Canada.

this post was submitted on 20 Jul 2024
430 points (99.5% liked)

News

36453 readers
633 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious biased sources will be removed at the mods’ discretion. Supporting links can be added in comments or posted separately but not to the post body. Sources may be checked for reliability using Wikipedia, MBFC, AdFontes, GroundNews, etc.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source. Clickbait titles may be removed.


Posts which titles don’t match the source may be removed. If the site changed their headline, we may ask you to update the post title. Clickbait titles use hyperbolic language and do not accurately describe the article content. When necessary, post titles may be edited, clearly marked with [brackets], but may never be used to editorialize or comment on the content.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials, videos, blogs, press releases, or celebrity gossip will be allowed. All posts will be judged on a case-by-case basis. Mods may use discretion to pre-approve videos or press releases from highly credible sources that provide unique, newsworthy content not available or possible in another format.


7. No duplicate posts.


If an article has already been posted, it will be removed. Different articles reporting on the same subject are permitted. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners or news aggregators.


All posts must link to original article sources. You may include archival links in the post description. News aggregators such as Yahoo, Google, Hacker News, etc. should be avoided in favor of the original source link. Newswire services such as AP, Reuters, or AFP, are frequently republished and may be shared from other credible sources.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago
MODERATORS