The Clinton Herald, Clinton, Iowa

Local News

November 16, 2013

Wrongful imprisonment case goes back to court

(Continued)

“We think it would be impractical and undesirable for a completely new trial to be mandated whenever an individual whose conviction and prison sentence have been vacated seeks a wrongful imprisonment determination,” the Iowa Supreme Court wrote.

DeSimone can file for wrongful imprisonment, but more hearings will be needed to determine if he meets the threshold of being wrongful imprisoned. Under Iowa law, to be considered wrongful imprisoned, a person must meet several factors relating to the charge and if the person can show by clear and convincing evidence that the individual did not commit the offense. And while the Supreme Court said there is substantial evidence showing DeSimone as innocent, a full review of the records is necessary.

Iowa Code allows someone determined to be “wrongfully imprisoned” to receive an amount of liquidated damages equal to $50 for each day of wrongful imprisonment and lost wages, salary or earned income directly resulted from the incarceration, up to $25,000 a year. Such a person would also be eligible for attorney fees, fines, surcharge penalties and court costs connected with the “wrongful imprisonment” claim and the criminal proceedings.

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