Falsely imprisoned man is given monthly settlement because "officials want to protect him"

[cynatnite]

Clark Jerome McMillan, who was released from prison in 2002 after DNA testing showed he did not rape a Memphis teenager, spoke to the House Judiciary study committee on Tuesday. He now wants to be issued the remainder of his nearly $800,000 award as a lump sum instead of receiving his $3,400 a month payments.

Then-Secretary of State Riley Darnell said the state Board of Claims decision in 2004 to give McMillan $250,000 in cash followed by the monthly payments was made out of fear that unscrupulous people would prey on the former inmate.

snip:
McMillan said his wife lost her health insurance when she lost her jobs, and that both their cars have been repossessed.

"The nightmare did not end upon my release ... but has lingered," said McMillan, adding that he didn't like the arrangement but felt pressured to take it. "I had just gotten out of prison and really couldn't make a rational decision. I believe the case should be revisited."

http://www.timesnews.net/article.php?id=9017083

[Luminous Animal]

1. He should get his money in full.

But, WTF! He can't maintain a decent lifestyle on $3400.00 a month? I think he needs some financial guidance.

[virgogal]

2. It seems to me that he might be better off keeping things the

way they are.

[cynatnite]

3. So, the government should manage money that's owed to him?

It's his money. Give it all to him, IMO. If he blows it all, he blows it.

[virgogal]

5. The virgo in me says he shouldn't get it all at once. He will be better

off in the long run.

Just my opinion.

[cynatnite]

12. I should add that the man has an uninsured diabetic wife...

I didn't include that in what I pasted.

[madeline_con]

11. He received $250,000 seven years ago,

and both cars have been repo'd. I think you're right.

[cynatnite]

13. And an uninsured diabetic wife who lost her jobs. n/t

[madeline_con]

18. $250,000 plus $285,000 in monthly payments

And a diabetic wife, for the third time. Your point?

[cynatnite]

19. He gets $3400 per month...

Not $285,000 per month.

[billh58]

21. $3,400 per

month = $40,800 per year, X 7 years = $285,600.

[cynatnite]

23. And your point is?

He has a diabetic wife who doesn't work and has no insurance. What is wrong with him getting all his money? He was imprisoned for a crime he didn't commit. So, he should keep being treated like someone who committed a crime because he may not be able to manage his money as well as you?

[billh58]

33. I wasn't trying to

pick a fight. I was only pointing out that you apparently misunderstood how the other poster arrived at the $285K figure. If I was wrong, and you correctly understood how the figure was determined, then I apologize for ruffling your feathers.

Regardless of any assumptions on your part, I purposely did not offer an opinion as the whether the gentleman should receive monthly payments, or a lump sum settlement. It's absolutely none of my business, and I doubt that your, or anyone else's opinion will make much difference to the merits of the claimant's request to "revisit" his original settlement agreement.

[madeline_con]

25. 3400 a month for 7 years.

[Matariki]

48. I'd be surprised if he can save a downpayment on a house or even get a mortgage

w/ $3k something a month. While if he got the full amount he could buy a house outright and still have enough in the bank to collect a fair amount of interest.

[kelly1mm]

4. After going through $250k + $3400 per month I think giving him

the remaining 800k will result in him being flat broke in 5-7 years. That being said, it is his money and if he wants it I suppose he should get it. If he blows those funds then I would be hard pressed to support him getting public benefits in the future (not including medicare/ss at 65). I know it is not popular to say here on DU but some people are unable to handle large sums of money at once. I think there is something to the notion that if we were to redistribute all this nation's wealth equally that within a relatively short period of time the same groups of people who are wealthy now will rebuild their wealth to a large extent while those groups of people who are poor will become poor again. Of course there would be exceptions but in general this would be true in my opinion.

[Tangerine LaBamba]

6. This money is tax-free,

and, clearly, he's unable to manage what he's getting now.

Giving him the entire remainder will, I agree, end up with him broke in short order.

I'm no fan of Big Brother government, but, in this case, the government was prescient................................

[tammywammy]

7. Agreed n/t

[cynatnite]

8. So what if he blows it...it's his money...

If he winds up broke, he winds up broke. That's his responsibility. It's not the job of the government to be his parent and dole out his money like it's an allowance.

[kelly1mm]

14. That's what I ultimately said as well. My issue would be if after he blows

through this money it would be difficult to justify him going on public assistance. Granted, single payer health care would get rid of his (and his wife's) main problem.

[Tangerine LaBamba]

15. That's true,

but he's demonstrated his incompetence to handle money, and, given his history - did you read that article? - he's not shown any improvement in that area. That he has that kind of money so far, and never managed to insure his wife is beyond reason.

This gentleman sounds like an excellent candidate for a guardian ad litem, someone who would be accountable to the court while helping him manage his money.......................

[cynatnite]

16. Well, with his uninsured diabetic wife who lost her jobs...

I would imagine the bills have mounted up. Can you imagine the costs for insulin and other costs? Diabetes usually carries a host of additional health problems. $3400 per month doesn't go far when you don't have insurance.

[madeline_con]

26. 1/2 million bucks buys a helluva policy.

[cynatnite]

29. n/a

[Occulus]

40. "and never managed to insure his wife"

Have you been paying attention? Maybe he can't buy her health insurance at any price, and maybe it's the consequences of that that are eating his money faster than he can get it.

Oh gee, look:

"McMillan said his wife lost her health insurance when she lost her jobs, and that both their cars have been repossessed."

Jobs. Two of them. At the level of income he has because of the false imprisonment award, you would think she'd have insurance (after all, she had it through her jobs and it's kind of important these days if you lose it), unless something was very wrong with one of them. More information is needed about that, but it's a completely fair question to ask. Maybe his own disability resulting from a police bullet as a bystander has something to do with purchasing a policy that will cover both him and his wife.

Also:

"he didn't like the arrangement but felt pressured to take it. "I had just gotten out of prison and really couldn't make a rational decision. I believe the case should be revisited."

Apparently, he now feels he can make rational decisions. Good for him. Seven years later, he's recovered his mind enough to deal with rational society. I don't think I would ever recover even that much after having been falsely imprisoned for rape for twenty-two years.

I'd like to add, the innocent victims of our 'Just-us' system are walking, talking, wounded, and deeply damaged advocates for prison reform. We should be talking to these people to find out what we need to do to bring the concept of imprisonment closer to the goal of correction.

[Tangerine LaBamba]

43. Yes, my dear, I have been paying attention -

nice little rant, putz. But the guy went through a quarter of a million dollars, and getting $3,400 tax free every month buys insurance. It may not be what he wants to spend his money on, but it can be done.

As for your other babblings, I have no idea where you're going with it, but if you don't recognize incompetence when you see it, it may be that you're standing too close to it.

That would be my bet............................

[cynatnite]

10. I should add that the man has an uninsured diabetic wife n/t

[billh58]

39. He was also apparently

unable to manage his life very well either. From the article linked in the OP:

Before he received his award in 2004, Shelby County District Attorney Bill Gibbons sent a letter to the Board of Claims informing it of several charges that had been pending against McMillan when he was convicted in 1980, including three charges of aggravated rape, five burglary charges and four charges of robbery with a deadly weapon.

I realize that McMillan was never "convicted" of the other charges, and that his wife should not pay for his sins, but life has a way of coming back to bite you in the ass when you least need to be bitten.

[Tangerine LaBamba]

45. He is a classic example

of why guardian ad litem exists. So many people are simply not competent to handle the things you and I take for granted.

He's gone through a quarter of a million dollars plus $3,400 tax-free each month, and now he's pleading poverty? Wife without insurance, cars repossessed?

The state is doing him a favor, and I'm absolutely NO fan of Big Brother. But this guy clearly can't handle money........................

[nadinbrzezinski]

17. Here is a question... and it applies to health care

how much is the average treatment of a diabetic\year?

2,000 4,000

Not even close, it is 13,000 and that is the AVERAGE. We do not know the health status of his wife. So blowing through that amount of money, with a diabetic in the family is not that nuts.

Not popular to say, but there is a chance you and I do not know the full story, now is it?

[cynatnite]

20. I agree we don't know the full story...

and we don't know the full extent of his wife's health. Diabetes usually carries a host of health problems depending on a lot of factors. There is much we don't know, but I take the position that the government has no right to dole out money like it's an allowance to someone who was imprisoned for something he did not do. He's entitled to every penny of it whenever he wants it.

[kelly1mm]

22. That would be 1100 per month leaving $2300 tax free dollars. Lots

of people live on less than that. Look, give him his money like I said above but I will not have much empathy for him in 5-7 years when he is flat broke.

[nadinbrzezinski]

24. What part of average are you missing?

:banghead:

In fact, this is just one more reason WHY WE NEED UNIVERSAL HEALTH CARE.

Here is a hint, if she needs dialysis due to end stage renal disease, a common side effect, you are talking close to 30K a year.

[madeline_con]

28. An average of $76,000 per year, $13,000 for diabetic care

No, it's not nuts to blow through 63,000 a year tax free! :sarcasm:

[nadinbrzezinski]

35. As I said you DO NOT know their situation

I said AVERAGE. It could be lower, it could be MUCH HIGHER... quick if this is average what is the high end of costs for a patient?

:banghead:

The eat the rich and we hate anybody making more than we do is just crazy

Oh and here is a free clue... this money is NOT tax free. It is considered INCOME.

[madeline_con]

36. And medical expenses can be written off.

[nadinbrzezinski]

37. Yeap that is why most people going bankrupt in this country

do so due to medical bills. I guess people are just plain out stoopid. I get it now.

I am done by the way, have a good life and welcome to my ignore list. Enjoy those RW talking points

[madeline_con]

41. OOOH NOOO! The ignore list!!!! AARRRGGH!

:rofl:

[billh58]

46. Now you've

done it! This will also appear on your permanent record.

[Liberal_in_LA]

47. he's going to be flat broke in 2 years if he gets the full amount...that said, it's his money

[LeftyMom]

9. If he's not competent, prove it in court and get somebody appointed to manage his finances.

Otherwise give him his money.

[cynatnite]

27. Does anyone know that TN is a repuke state?

We've got a huge portion of birthers and racists in this state. TN is the same state that tried to outlaw the sale of dildos a few years back. We've got the idiots in charge here and many here at DU are on their side?

This man was imprisoned for 22 years for a crime he did not commit and was released 9 years ago. His wife has a chronic disease and she has no insurance. The state government wants to dole out money to him like he's a teenager and they're the parents giving him his allowance. How far is $3400 a month going to go when you don't have insurance and your wife has a chronic disease?

What insurance company is going to cover her?

I'm fucking shocked.

[madeline_con]

30. It's not as if he can't prove a source of income and buy a policy. n/t

[cynatnite]

31. Find one that will cover her pre-exisiting condition...

This is what Obama wants to outlaw. It's so that people like this man's wife can get coverage.

What makes you think he hasn't tried anyway? Our health insurance (and we're healthy for the most part) runs over $400 per month. For those who are already ill it's higher. If you pay for it on your own, without the beneift of an employer (which she does not have) the costs are considerably higher. My aunt and uncle are healthy and run their own business. They have to pay $1200 per month. They also make about $6000 per month and can afford it.

Geez, you almost sound like Cantor.

[madeline_con]

32. n/a

[SharonAnn]

44. In TN they can refuse to write insurance. At any price. Just refuse.

That was permitted back when TennCare was available to anyone who was refused by insurance companies. Now that TennCare is no longer available except for a much smaller pool, I don't think that law has been changed.

Some people don't understand that there are times you can't get insurance for any amount of money. Or, you can only get very expensive insurance that doesn't cover what you need and has a very high deductible and low cap.

The other thing that people often forget is that the deductible re-occurs every year. It's not a one-time thing. It resets at the end of every calendar year.

[GodlyDemocrat]

49. In Texas he would get 80,000 * 22.

Almost $2 Million.

[BlooInBloo]

34. For those who don't know what the time value of money is....

Just take the lump sum.

[Wizard777]

38. So he can't be trusted with his money?

It sounds to me like he's already fallen victim to unscrupulous people. Unless they are saying that being imprisoned in their jail has left him incompetent and unable to manage his finances. That sounds like he was subjected to exceedingly cruel and unusual punishment in that jail. That should prompt another suit for those damages. Then I just have a problem with the defendant having a trustee or conservator role in the judgment against them. There are huge conflicts of interest there.

[Trillo]

42. I'm sure the guy is suffering, I believe him.

I remember something from the Merck Manual about psychological effects of imprisonment. Can't quote the publishing year, at least a few decades ago, but it was quite clear that folks who've been imprisoned upon their release tend to suffer depression, and the paragraph I recall may have been phrased as "much higher" rates.

It's probably worse in the case of an unjust imprisonment, though that's just my guess. However, isn't it interesting that we have the highest incarceration rate in the entire world, and we also seem to be massively manipulated by the Medical-Industrial Complex, which includes Big Pharma.

Some folks are just dealt a bad hand, and it seems little can be done about the domino effects that were set in play back when it all started.

Money isn't the solution, though I'd say give him his money.

***

In my more melancholy moments I wonder if, when kids look crosseyed at their teacher (or some similar analogy) and have to go to the principals office for a spanking, that maybe they'd be better off if they were just executed then and there. It at least would be a way to stop the remaining years of torment.

I know it's not a progressive view, and I always try to dismiss it from my mind, but isn't a quick death preferable to a lifetime of misery in a world where the words "pursuit of happiness" are so brazenly skewered on either "that damn piece of paper" or its forerunner.