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Thu Dec 15, 2011, 10:12 AM

Man who spent 25 years behind bars for crime he didn't commit faces losing $4 million compensation t

This discussion thread was locked as off-topic by struggle4progress (a host of the Latest Breaking News forum).

A man who spent 25 years in prison for a crime he did not commit faces losing his $4m compensation to his ex-wife.

Steven Phillips faces a court battle to keep hold of the money he was awarded for his wrongful conviction.

He was released from a life sentence for rape in 2008 after DNA proved he could not have been the attacker.

But now his ex-wife Traci Tucker, who divorced him three years into his life sentence, has taken him to court in a bid to get a share of the $4m compensation.

Read more: http://www.dailymail.co.uk/news/article-2074283/Steven-Phillips-Innocent-man-spent-25-years-jail-lose-4m-compensation-ex-wife.html#ixzz1gcHa0HWh

As long as she serves 12.5 years in prison, she can share, in my opinion.

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Arrow 28 replies Author Time Post
Reply Man who spent 25 years behind bars for crime he didn't commit faces losing $4 million compensation t (Original post)
closeupready Dec 2011 OP
Angry Dragon Dec 2011 #1
Tuesday Afternoon Dec 2011 #2
dipsydoodle Dec 2011 #3
jtrockville Dec 2011 #4
closeupready Dec 2011 #5
former9thward Dec 2011 #23
jtrockville Dec 2011 #25
Gringostan Dec 2011 #6
Little Star Dec 2011 #7
Ed Suspicious Dec 2011 #10
Gormy Cuss Dec 2011 #21
Lance_Boyle Dec 2011 #8
mike_c Dec 2011 #9
udbcrzy2 Dec 2011 #11
Bunny Dec 2011 #12
muriel_volestrangler Dec 2011 #15
Bunny Dec 2011 #16
melm00se Dec 2011 #13
azurnoir Dec 2011 #14
Bunny Dec 2011 #17
bigdarryl Dec 2011 #18
Liberal_in_LA Dec 2011 #19
barbtries Dec 2011 #20
Javaman Dec 2011 #22
tawadi Dec 2011 #24
Ilsa Dec 2011 #26
MurrayDelph Dec 2011 #27
struggle4progress Dec 2011 #28

Response to closeupready (Original post)

Thu Dec 15, 2011, 10:20 AM

1. She gave up all rights to the money when she divorced him

If she wants to sue someone she should sue the same people that gave her ex-husband the money

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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:21 AM

2. he needs a better lawyer --no way is it

that a compensation = earnings.

fail.

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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:27 AM

3. Cheeky cow

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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:29 AM

4. He was awarded the compensation after the divorce, right?

 

How could his spouse possibly have any claim to it?

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Response to jtrockville (Reply #4)

Thu Dec 15, 2011, 10:30 AM

5. Seems kind of like a shakedown -

nt

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Response to jtrockville (Reply #4)

Thu Dec 15, 2011, 07:07 PM

23. She is making the claim that she was married to him for three years

of the unjust term. That is about 1/4 of the time he did. She is probably trying to get about 1/8 of the total. Given our family laws she likely will get it.

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Response to former9thward (Reply #23)

Thu Dec 15, 2011, 07:25 PM

25. Doesn't seem right.

 

If he'd been awarded the $$$ during the time he was married to her, I'd say she has a valid claim. But that's not the case.

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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:34 AM

6. I'm with you on this one

25 years in prison for a crime he didn't commit; and now she wants to benifit from this?

I'm with you on this one - she needs to serve some time if she wants the money.

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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:35 AM

7. She should bring her own lawsuit....

The system ruined her life too. She is sueing the wrong party.

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Response to Little Star (Reply #7)

Thu Dec 15, 2011, 10:47 AM

10. This +1.

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Response to Little Star (Reply #7)

Thu Dec 15, 2011, 03:35 PM

21. That would make more sense

but then I'm not a lawyer and I don't play one on DU.

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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:36 AM

8. Unreal. Hope she is laughed out of court. n/t

 


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Response to closeupready (Original post)

Thu Dec 15, 2011, 10:41 AM

9. greedy people suck....

eom

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Response to closeupready (Original post)

Thu Dec 15, 2011, 11:48 AM

11. Back child support?

Maybe it's because she never received any child support after she divorced and raised the son without the father contributing. I am not sure, but that seems like the only way she REALLY could get any compensation and maybe money he spent on his defense (would have been her money too at that time).

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Response to udbcrzy2 (Reply #11)


Response to udbcrzy2 (Reply #11)

Thu Dec 15, 2011, 12:16 PM

15. No, she's already got that

Phillips was put away in 1982 for a string of rapes he didn't commit. He was a convenient suspect who fit the bill with a troubled sexual past, but it wasn't until 2008, after DNA testing excluded him as the rapist, that he was finally set free. The Tim Cole Act provides $160,000 for each year of wrongful imprisonment to Texas exonerees, to be split into a lump sum and an annuity. Steven, with his long years inside, collected more than most.

He was married to Traci Tucker for about a decade, most of it while he was locked up. The two had a child together, and she's since been compensated for the unpaid child support through the compensation law. But, until the mistrial Tuesday, she was suing him for a cut of the millions he was paid, her argument being that the money is, in part, for lost wages and subject to a divorce settlement. Not to mention the fact that she raised his kid alone.

McKenzie says there is no language in the Tim Cole Act classifying any of the money as recompense for lost wages. Phillips adds that he didn't see much of his wife after the first three years in prison. A spokesperson for Tucker's attorney said she continued to visit him throughout his prison term, even depositing money into his commissary account regularly. In a deposition, Tucker said it was Phillips who pushed her away.

This is only the latest in a series of legal woes afflicting the exoneree who can't seem to stay out of court (and jail). He just settled with his former attorney -- who fought to see compensation raised for all Texas exonerees -- over a million in fees he refused to pay. He got busted with a trifling amount of cocaine hidden in a to-go container in Carrollton. And, of course, there's the whole spending-half-of-his-life-in-prison-for-something-he-didn't-do thing.

http://blogs.dallasobserver.com/unfairpark/2011/12/mistrial_by_google_in_the_case.php

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Response to muriel_volestrangler (Reply #15)


Response to closeupready (Original post)

Thu Dec 15, 2011, 11:56 AM

13. i can sorta kinda see

her claim: a certain percentage of the $4MM was awarded to him for the 3 years she was still married to him. This is like going after a percentage of a spouse's pension.

I should say, however, that I don't agree with her claim but that's why we have courts

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Response to closeupready (Original post)

Thu Dec 15, 2011, 12:10 PM

14. If anyone should get a percentage of the money it should be Phillips son

who lost his father to a wrongful conviction

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Response to azurnoir (Reply #14)


Response to closeupready (Original post)

Thu Dec 15, 2011, 03:03 PM

18. BOTTOM LINE LAWYERS SUCK

Some lawyer probably talked her into this when they saw this guy was going to get paid.This girl doesn't realize if she won anything the lawyer will get most of the money. And on top of that if it drags out in court he will go broke trying to defend himself.So the bottom line is they will both get screwed by the fact that lawyers got involved in a bullshit lawsuit to line there pockets.This is why lawyers have a bad name.They all need to leave this poor guy alone and let him live the rest of his freedom with is 4 million which to me isn't enough to loose your freedom over 25 years they should have given him 25 million

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Response to closeupready (Original post)

Thu Dec 15, 2011, 03:13 PM

19. hope she doesn't get a penny

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Response to closeupready (Original post)

Thu Dec 15, 2011, 03:25 PM

20. i'm with you.

hope she loses.

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Response to closeupready (Original post)

Thu Dec 15, 2011, 03:56 PM

22. This is called, "selling the bull then being pissed when it was a milk giving cow".

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Response to closeupready (Original post)

Thu Dec 15, 2011, 07:18 PM

24. That just doesn't seem right. eom

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Response to closeupready (Original post)

Thu Dec 15, 2011, 07:33 PM

26. I hope the judge tosses her ass in jail. nt

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Response to closeupready (Original post)

Thu Dec 15, 2011, 07:49 PM

27. Personally, I don't think she should get any of it, but

at most, she should only be qualified for 240K.

Here's my math:

($4,000,000 compensation) / (25 years of imprisonment ) * (3 years they were still married) / 2

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Response to closeupready (Original post)

Thu Dec 15, 2011, 08:30 PM

28. LBN posts must be news stories breaking within the last 12 hours

This story is now several days old:

Exoneree's Ex-Wife Takes Him to Court For a Piece of the Millions He Got From the State
By Brantley Hargrove Mon., Dec. 12 2011 at 5:10 PM
http://blogs.dallasobserver.com/unfairpark/2011/12/exonerees_ex-wife_takes_him_to.php

Consider reposting in GD or a more topical group

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