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South Florida man holds out to help others

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The Associated Press

The Tampa Tribune

Published: November 2, 2009

FORT LAUDERDALE - A Fort Lauderdale man only needs to sign a few legal papers to start receiving $179,000 from the state and become the first wrongfully convicted person compensated under a new Florida law.

But Leroy McGee is refusing to complete the documents, though the father of five is living paycheck to paycheck. The carpenter's apprentice fears that taking the money available under the Victims of Wrongful Incarceration Compensation Act could end up hurting others who will seek similar reparations.

"I really can use the money, but I want to take a stand," said McGee, who spent three years and seven months in prison for a convenience store robbery that took place while he was at his janitorial job.

The sticking point for McGee: The state is refusing to pay back his legal costs for seeking compensation. To become eligible, an applicant must obtain a judge's order declaring the conviction was wrongful, then petition the state Attorney General's Office for the reparations money - a process that could take months and would be extremely difficult to navigate without an attorney.

Because the compensation is paid out in a long-term annuity, applicants would have to front their own money to pay their legal costs unless they find lawyers who will do the work for free, argues David Comras, McGee's attorney.

The compensation law was hailed as a milestone when the state Legislature passed it, 159-1, last year. It allows someone who has been wrongfully convicted to apply for reparations - $50,000 for every year spent in prison - without having to submit a claims bill to the Legislature.

Though the law took effect in July, McGee is the only person so far to have used it to apply for compensation, according to the state Attorney General's Office. The state approved him for reparations four months ago.

The Attorney General's Office says, though, the law clearly states that the wrongfully convicted are entitled to reimbursement only for those attorney fees and legal costs related to their criminal proceedings. There is no mention of similar expenses being covered for the compensation process, said Ryan Wiggins, a spokeswoman for Attorney General Bill McCollum.

The sole legislator to vote against the new law - state Sen. Jeremy Ring, D-Parkland - opposed it because of that "clean hands" provision. He said he's not surprised there's only been one applicant for compensation and that it's "flat-out wrong" that anyone who successfully seeks relief under the law doesn't have legal fees automatically covered by the state.

"The victim should not have to pay these costs," Ring said. "It seems to me to be absurd."

Rep. Ellyn Bogdanoff, R-Fort Lauderdale, said the law is a work in progress and she will examine the issue of legal costs.

For now, McGee waits, living with his mother because he can't afford his own place. He could sign the papers at any time, but he says he won't until the state covers his legal costs.

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