Bill to pay freed men faces questions before approval

Hansen
Michael Hansen at his tattoo shop, Kinship Collective Tattoo, in Northfield, Minn., Tuesday March 22, 2016. Hansen, who was wrongly convicted of murdering his daughter and spent more than five years in prison, is one of the first people under a new Minnesota exoneration law to qualify for financial compensation for time spent locked up. Richard Marshall for MPR News

Lawmakers weighing the first-ever state payments to people exonerated after spending time in Minnesota prisons came Monday to a House committee hearing full of questions before ultimately sending a compensation bill to the floor for a vote.

Combined, the bill allocates nearly $1.8 million to three men who filed successful claims under a 2014 law recognizing that their time erroneously behind bars merited a financial apology. Under the bill the House Ways and Means Committee forwarded to the full House, Michael Hansen would receive just shy of  $917,000, Koua Fong Lee is due about $395,000 and Roger Lee Olsen is line for $475,000.

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Committee members -- Republicans and Democrats alike -- sought answers about how the awards were calculated, whether the state could recoup money from a car manufacturer ultimately determined to be liable in the deaths Lee was convicted of, and whether these payments will inspire others to seek similar reimbursement for convictions decades old.

"What about going forward," asked Rep. Denny McNamara, R-Hastings, "Are we opening up something?"

Julie Jonas of the Minnesota Innocence Project said she doubts there will be a rush of claims under the the exoneration law.

"The statute is very narrowly tailored, and it's very rare that our justice system is going to put someone in this position of being wrongfully convicted and then exonerated through new proof of actual innocence," Jonas said. "So I don't think you're going to see a floodgate of these people going forward."

A special judicial panel determined the awards, but it's up to the Legislature to release the money.

Rep. Tony Albright, R-Prior Lake, asked if prosecutors or others involved in securing the convictions had any responsibility.

Rep. John Lesch, a former prosecutor who sponsored the 2014 law, said that was a touchy topic when the compensation system was established.

"Different prosecutors have different capacities for risk in bringing forward some of these cases," said Lesch, DFL-St. Paul. "There are probably some prosecutors who would not have gone forward on this. But if you say that to the prosecutor who did they would take great umbrage at that. Which is why in crafting the law we decided to stay away from that, to look at this only through the lens of hindsight, which is 20/20. Everyone agrees these people should not have spent time in prison."

The bill awaits final votes in the House and Senate and, if successful, a signature from Gov. Mark Dayton.