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.”

  • smb@lemmy.ml
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    2 months ago

    isn’t even trying to keep an innocent behind bars already a type of kidnapping attempt and every second of delay that it caused an actual act of kidnapping?

  • SirDerpy@lemmy.world
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    2 months 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.

  • leadore@lemmy.world
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    2 months ago

    “She’s going to need help,” he said, noting she won’t be eligible for social security because she has been incarcerated for so long.

    FFS she’s owed a hell of a lot more than social security! 😠 The court should also order the state to pay her a huge damages payment that will afford a comfortable income for the rest of her life.

    • ColeSloth@discuss.tchncs.de
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      2 months ago

      I’m against the massive payouts over changed convictions. It makes it less likely states will play ball with not fighting overturned convictions (except this missouri d-bag) and its oftentimes not the states fault they were wrongly convicted. Give her like $150k, and then like $50k a year from then on.

      • echutaaa@sh.itjust.works
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        2 months ago

        Was she arrested by a state trooper? Was she accused by a state prosecutor? Was she sent to prison by a state judge? Why is it not the states fault?

      • hyperreal@lemmy.world
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        2 months ago

        Not to mention, damages paid by governments don’t just come out of thin air. Contemporary taxpayers shoulder the burden, in some way, for the misdeeds of previous generations. An unfortunate reality. At the same time, I wholeheartedly agree that this woman deserves some form of additional restitution. It just becomes very tricky who actually bears that cost.

        • Tryptaminev@lemm.ee
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          2 months ago

          Taxpayers also pay the money for her being wrongfully imprisoned. Taxpayers also suffer from her not being able to contribute to the economy. Taxpayers pay the salary of the shitheads that framed and convicted her.

          That is how a state works. Of all these things her being compensated for wrongful imprisonment is the least problematic to pay for.