Wrongfully convicted seek aid

Bell said there is a trend across the country to have such laws passed to help those who have suffered a miscarriage of justice. So far 21 other state legislatures have passed laws providing some form of financial assistance. In 2004 President Bush approved legislation giving federal exonerees $50,000 for every year spent in prison and an additional $50,000 for each year spent on death row.

"There's a population in prison who have suffered wrongly," Bell said about the nation's overall prison systems. Bell said that while such exoneration cases are extremely rare in Utah, the state doesn't have a mechanism in place to help them out financially.

Currently the only financial recourse such people have, Bell said, is to sue the state for damages. However, because of governmental immunity and the need to prove gross negligence or actual malice, such cases don't succeed.

"How do you put a life back together?" Bell said. Even in the best justice system mistakes are bound to happen. "When that happens, we think society should help pay, because we can't expect that person to do that on their own. That just isn't fair," he said.

A similar bill was presented to the Legislature last session, and although it passed the House, it was killed. Bell plans to present the latest draft of the bill to the Judiciary Interim Committee Wednesday at 2 p.m. in Room W130 at the House Building.

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E-mail: gfattah@desnews.com