The Clinton Herald, Clinton, Iowa

Top 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.

Text Only
Top News
  • Arizona's prolonged lethal injection is fourth in U.S. this year

    Arizona's execution of double-murderer Joseph Wood marked the fourth time this year that a state failed to dispatch a convict efficiently, according to the Constitution Project, a bipartisan legal group.3

    July 24, 2014

  • Technology plays key part in battling police brutality (with VIDEO)

    Allegations of police brutality are nothing new -- as long as there has been law enforcement, citizens have registered claims that some officers cross the line. But in the last few years, the claims of excessive force are being corroborated with new technology from cell phone cameras, police dash-cams and surveillance videos. 

    July 24, 2014

  • Lindley, Tom.jpg Better police needed for college teams enticed to cheat

    The NCAA once cracked down on colleges that went too far luring top prospects, then it targeted teams that lathered players with special treatment. That was until the NCAA's get-tough approach backfired, rendering it ineffective and creating an opportunity for those who want to play dirty.

    July 24, 2014 1 Photo

  • Clinton Community School District 2013-2014 Wages

    Clinton Community School District 2013-2014 Wages

    July 24, 2014

  • techel.jpg Iowa man convicted of killing pregnant wife

    A jury convicted an Iowa man Thursday of killing his pregnant wife in 2012, rejecting his claims of innocence after the third trial in the case.

    July 24, 2014 1 Photo

  • RAGBRAI rider from Sioux City dies in Mason City

    A RAGBRAI participant from Sioux City has been found dead in his tent in Mason City in the second death during the weeklong bicycling event.

    July 24, 2014

  • Facebook continues moneymaking trend

    Facebook seems to have figured out - for now at least - the holy grail for all media right now: how to make money selling mobile ads.

    July 24, 2014

  • Deliberations resume at Iowa man's murder trial

    Jurors will be allowed to review the video, but not the transcript, of an Iowa man being interrogated as they consider whether he's guilty of murder in the death of his pregnant wife.

    July 24, 2014

  • Has the iPad lost its swag?

    The company reported this week that sales of its sleek, pricey tablet were down 19 percent from last quarter and 9 percent year-over-year.

    CEO Tim Cook tried to reassure investors that Apple's new partnership with IBM to sell its devices to IBM's corporate customers will help make iPads ubiquitous in the workplace.

    July 24, 2014

  • Health insurers owe Iowans nearly $1.8M in refunds

    The federal government says insurers owe Iowans nearly $1.8 million in refunds because of a provision in the Affordable Care Act.

    July 24, 2014

AP Video