A matter of fairness

Our position: Convicts cleared by DNA evidence deserve timely compensation.

Florida is missing a fair and reliable system to compensate former convicts who have been irrefutably exonerated by DNA evidence.

The case of Wilton Dedge demonstrates the need. Mr. Dedge, who is from Brevard County, spent 22 years in prison on a rape conviction before he was released last year. DNA evidence proved that Mr. Dedge wasn't the assailant.

Yet he received no financial compensation to help him rebuild his life, or reimburse his parents. They depleted their retirement savings paying legal fees to fight for his freedom.

During the last legislative session, lawmakers considered a special bill to help Mr. Dedge. That bill offered only $200,000. Considering the freedom that Mr. Dedge lost, that amount is miserly.

Another special bill under consideration offers Mr. Dedge more money. That's better. But the legislative process is slow, unreliable and subject to political whims. The special-bill route depends on finding a lawmaker willing to take up the matter. Some lawmakers don't want to get involved to avoid appearing soft on crime, even though the convict was exonerated.

It's no surprise that many prisoners claim they are innocent. Since 2001, though, only four have been exonerated in Florida by DNA evidence. Forty DNA cases are under review in Florida at this time so there could be more.

That's why it makes sense for Florida lawmakers to follow the example of other states that have established formulas for compensating such convicts. In some states, these freed convicts are given the equivalent of legal fees and estimated lost wages.

That's a reasonable approach, as long as it's limited to convicts cleared by DNA evidence, which is found in body fluids, such as blood. DNA is irrefutable because science can validate the facts.

Convicts exonerated through other means, such as recanted testimony, could still pursue compensation through special legislative bills. But it shouldn't be automatic.

By limiting the compensation to convicts cleared by DNA and by coming up with a reasonable formula for it, fairness can prevail.