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Exonerated inmate gets $200,000 for years spent in prison
The Associated Press
1/30/03 12:43 PM
HOUMA, La. (AP) -- A man who spent nearly two decades in prison for a rape committed by his brother, only to be jailed later on another crime, probably will be free again by the end of the week, his attorney says.
Clyde Charles, who received a $200,000 settlement Wednesday for the time he spent in the Louisiana State Penitentiary, has been jailed on charges brought by another of his brothers following a fight.
State Sen. Cleo Fields, who is representing Charles, said the brother plans to drop those charges.
"We hope to have Clyde out this week," said Fields.
Charles was freed from prison in December 2000 after DNA evidence showed he could not have committed a 1981 rape. The victim identified Charles as her assailant. The same evidence was used later to convict his younger brother, Marlo Charles, of aggravated rape.
Marlo Charles is serving a life sentence without parole.
Charles filed a lawsuit seeking compensation from the Terrebonne Parish district attorney's office. The suit was tossed by a federal judge who said Charles had voluntarily waived compensation as a condition of his release from prison.
Charles appealed to the 5th U.S. Circuit Court of Appeals, but the case had not been acted on by the time the settlement was reached.
District Attorney Joseph Waitz Jr. said he was not privy to the settlement negotiations. Waitz said his office "did nothing wrong to warrant that kind of settlement."
Waitz said he is not certain whether the money will come from his budget, an insurance policy or some other type of funding.
Charles' attorneys said he had repeatedly requested DNA testing that could have freed him. The original requests were made to Waitz's predecessor, Doug Greenburg.
:tup:
The Associated Press
1/30/03 12:43 PM
HOUMA, La. (AP) -- A man who spent nearly two decades in prison for a rape committed by his brother, only to be jailed later on another crime, probably will be free again by the end of the week, his attorney says.
Clyde Charles, who received a $200,000 settlement Wednesday for the time he spent in the Louisiana State Penitentiary, has been jailed on charges brought by another of his brothers following a fight.
State Sen. Cleo Fields, who is representing Charles, said the brother plans to drop those charges.
"We hope to have Clyde out this week," said Fields.
Charles was freed from prison in December 2000 after DNA evidence showed he could not have committed a 1981 rape. The victim identified Charles as her assailant. The same evidence was used later to convict his younger brother, Marlo Charles, of aggravated rape.
Marlo Charles is serving a life sentence without parole.
Charles filed a lawsuit seeking compensation from the Terrebonne Parish district attorney's office. The suit was tossed by a federal judge who said Charles had voluntarily waived compensation as a condition of his release from prison.
Charles appealed to the 5th U.S. Circuit Court of Appeals, but the case had not been acted on by the time the settlement was reached.
District Attorney Joseph Waitz Jr. said he was not privy to the settlement negotiations. Waitz said his office "did nothing wrong to warrant that kind of settlement."
Waitz said he is not certain whether the money will come from his budget, an insurance policy or some other type of funding.
Charles' attorneys said he had repeatedly requested DNA testing that could have freed him. The original requests were made to Waitz's predecessor, Doug Greenburg.
:tup:
