WRONGLY CONVICTED MAN SUED FOR CHILD SUPPORT
LM
Came across this article this morning and thought I would share it
with you. Very interesting to say the least. Here is the link
http://www.wral.com/news/local/story/1961294/ What do you think?
Kenneth S.
For convenience, I've copied and added this story below. I
regard it as yet another example of the outrages of the "child
support" system.
Note that the mother who wants all this money from this
wrongly convicted man also works in the law office of the lawyer who
instituted the prosecution that resulted in this man's imprisonment
for 18 years.
Apparently this lawyer and his client (this man's ex) are
determined to ensure that he doesn't enjoy the pathetically low amount
of $360,000 that is all he gets for the 18 years he spent in prison
for a crime he didn't commit.
VideoDail Faces Claim for Child Support During Years in Prison
DocumentsMichaels v. Dail Lawsuit
Related StoriesProsecutor: Wrongful Conviction Is 'Nightmare'
Lawyer: Exonerated Man One of Many Wrongly Imprisoned
Site Search
Wrongly Convicted Man Sued for Child Support
Posted: Oct 23, 2007
Updated: Oct 24, 2007
Raleigh, N.C. — A man who was pardoned after spending 18 years behind
bars for a rape he didn't commit has been sued for child support for
the years he was in prison.
Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a
12-year-old Goldsboro girl. The girl identified him as her attacker,
and hair found at the scene was similar to his. DNA evidence found on
a fragment of the girl's nightgown years after the trial proved Dail
wasn't involved in the attack, however.
Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to
receive $360,000 from the state – $20,000 for each year he spent in
prison.
Dail, who now lives in Florida, was served Tuesday with a lawsuit by
Lorraine Michaels, the mother of his son, who is seeking back child
support. The suit does not specify how much money she wants, as is
normal in North Carolina, but asks a "reasonable sum for the care and
maintenance of the minor child" for the years Dail was in prison.
"Since his release, Mr. Dail has not indicated any intention to
provide support to Ms. Michaels," Michaels' attorney, Sarah Heekin,
said in a statement. "In order to fully protect my client’s statutory
rights, it was necessary to file an action for child support prior to
the minor’s eighteenth birthday."
Dail said he was devastated by the suit. He said his son recently
moved to Florida to live with him.
"I was thrown in prison. What could I do? I missed my whole life. I
missed my son's whole life. I'm not the person to be compensating
anyone for anything – not me," Dail said.
"I'm sure the mother had her issues over the years, but nothing like
the issues that Dwayne Dail dealt with for 18½ years,” said Chris
Mumma, the attorney who helped establish Dail’s innocence.
Heekin, who said she filed the suit last week, works in the same law
office as Don Strickland, the former Wayne County assistant district
attorney who prosecuted Dail for rape.
Reporter: Gerald Owens
Web Editor: Matthew Burns
Dusty
news:t4qmm4lluhja5nouc...@4ax.com...
[snip]
> For convenience, I've copied and added this story below. I
> regard it as yet another example of the outrages of the "child
> support" system.
>
> Note that the mother who wants all this money from this
> wrongly convicted man also works in the law office of the lawyer who
> instituted the prosecution that resulted in this man's imprisonment
> for 18 years.
>
> Apparently this lawyer and his client (this man's ex) are
> determined to ensure that he doesn't enjoy the pathetically low amount
> of $360,000 that is all he gets for the 18 years he spent in prison
> for a crime he didn't commit.
[snip]
Here's more info from Glenn Sacks web site..
http://glennsacks.com/blog/index.php?tag=dwayne-allen-dail
Child Support Suit Dropped Against Man Who Spent 18 Years in Prison for
Crime He Didn't Commit
December 23rd, 2007 by Glenn Sacks
Background: Dwayne Allen Dail, who was pardoned after spending 18 years
behind bars for a rape he didn't commit, was recently sued for back child
support. Dail, 39, was cleared in August of the 1987 rape of a 12-year-old
Goldsboro girl. The girl identified him as her attacker and hair found at
the scene was similar to his. But DNA evidence found on a fragment of the
girl's nightgown years after the trial proved Dail wasn't involved in the
attack.
Dail will receive a chump change $360,000 from the state - $20,000 for each
year he spent in prison. Upon his release he was served with a lawsuit by
ex-girlfriend Lorraine Michaels, the mother of his son, who is seeking back
child support. Dail said he was devastated by the suit, and that his son had
recently moved to Florida to live with him. To learn more about this case,
see my blog post This Takes Being a Greedy Ex to a Whole New Level.
Thankfully the child support lawsuit against Dail has now been dropped:
Child Support Lawsuit Dropped Against Dwayne Dail
WRAL.com
12/21/07
Goldsboro - A child support lawsuit for back child support against a Wayne
County man who spent 18 years in prison for a crime he did not commit has
been dropped.
Dwayne Dail said the suit, filed in November by his former girlfriend
Lorraine Michaels for back child support while he was in prison, was
dismissed Friday.
But he said he could not comment on the deal but was happy the matter was
resolved.
"I am very happy and relieved to have this black cloud removed from me and
my son's bonding process," Dail said. "And I hope that there can begin some
healing between me and Lori, too. This has been extremely difficult for
everyone involved."
Michaels sued for a "reasonable sum" of a $360,000 compensatory payment Dail
is due from the state for his wrongful imprisonment.
Earlier this month, a judge ruled Michaels should receive only a portion, if
any, of the payment
Dail spent 18 years in prison for the rape of a 12-year-old girl. He was
exonerated by DNA evidence in August.
He is expected to receive that by the end of January and said he plans to
use it to buy a house for him and his son and enroll them both in college.
Dail said he wants to pursue a career in criminal justice to help other
innocent people in prison.
"I want to have that feeling of having helped someone who is desperately in
need of help," he said.
------------------------------------------------------------
This Takes Being a Greedy Ex to a Whole New Level
October 24th, 2007 by Glenn Sacks
"A man who was pardoned after spending 18 years behind bars for a rape he
didn't commit has been sued for back child support.
"Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a
12-year-old Goldsboro girl. The girl identified him as her attacker and hair
found at the scene was similar to his. But DNA evidence found on a fragment
of the girl's nightgown years after the trial proved Dail wasn't involved in
the attack.
"Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to
receive $360,000 from the state - $20,000 for each year he spent in
prison."Dail, who now lives in Florida, was served Tuesday with a lawsuit by
Lorraine Michaels, the mother of his son, who is seeking back child support.
The suit does not specify how much money she wants, as is normal in North
Carolina, but asks a 'reasonable sum for the care and maintenance of the
minor child.' Dail did not provide while he was in prison.
"Dail said he was devastated by the suit. He said his son recently moved to
Florida to live with him.
"Michaels' attorney, Sarah Heekin, said she filed court papers last week.
"Heekin is in the same law office as Don Strickland, the former Wayne County
assistant district attorney who prosecuted Dail for rape."
The above is from Wrongly Convicted Man Sued for Child Support (10/23/07)
from WRAL in North Carolina. A few comments and questions:
1) The man's son--who is 17 and was born after he went to prison--is now
living with him--why should Dail (pictured) owe the ex child support?
2) "Dail did not provide while he was in prison"--what a bastard. While he
was behind bars for 18 years for a crime he didn't commit, he didn't pay out
part of the zero income he earned in prison to pay child support.
3) Lorraine Michaels takes being a greedy, self-centered ex to a new level.
Does she really think she deserves a cut of the chicken feed $20,000 a year
Dail got for being wrongly imprisoned?
A few other facts about the case:
1) According to another WRAL article:
"[Before the trial] prosecutors offered Dail a plea deal under which he
would plead no contest to charges of taking indecent liberties with a minor
and receive only three years' probation in return...
"During the trial's closing arguments, [prosecutor] Strickland remarked on
Dail's remarkable confidence in his innocence in the face of such serious
charges, Dail said.
"After being sentenced to two life sentences, plus 18 years, Dail continued
to maintain his innocence from behind bars. His exoneration justified all
that confidence, Dail said at his release...
"In the future, Dail said he may write a book or go to college. He's also
enjoying reconnecting with his 17-year-old son Chris Michaels, who was born
after he went to prison.
"'He's grown up only seeing his father in prison, and that's a terrible way
for a kid to grow up,' Dail said.
"'It's over, so we can now start spending more time together and getting to
know each other a lot better,' Michaels said."
Chris
--
Any man that's good enough to pay child support is good enough to have
custody of such child.
"Kenneth S." <nim...@verizon.net> wrote in message
news:t4qmm4lluhja5nouc...@4ax.com...
> Raleigh, N.C. - A man who was pardoned after spending 18 years behind
> bars for a rape he didn't commit has been sued for child support for
> the years he was in prison.
>
> Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a
> 12-year-old Goldsboro girl. The girl identified him as her attacker,
> and hair found at the scene was similar to his. DNA evidence found on
> a fragment of the girl's nightgown years after the trial proved Dail
> wasn't involved in the attack, however.
>
> Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to
> receive $360,000 from the state - $20,000 for each year he spent in
> prison.
Gee, what a deal! I would do ANYTHING to go to prison for that amount. Where
do I sign up?
>
> Dail, who now lives in Florida, was served Tuesday with a lawsuit by
> Lorraine Michaels, the mother of his son, who is seeking back child
> support. The suit does not specify how much money she wants, as is
> normal in North Carolina, but asks a "reasonable sum for the care and
> maintenance of the minor child" for the years Dail was in prison.
Never ceases to amaze me; a mother being hired to care for her OWN child!
>
> "Since his release, Mr. Dail has not indicated any intention to
> provide support to Ms. Michaels," Michaels' attorney, Sarah Heekin,
> said in a statement. "In order to fully protect my client's statutory
> rights, it was necessary to file an action for child support prior to
> the minor's eighteenth birthday."
>
> Dail said he was devastated by the suit. He said his son recently
> moved to Florida to live with him.
Wouldn't surprise me if he moved just to get away from the whore of a mother
he had.
>
> "I was thrown in prison. What could I do? I missed my whole life. I
> missed my son's whole life. I'm not the person to be compensating
> anyone for anything - not me," Dail said.
>
> "I'm sure the mother had her issues over the years, but nothing like
> the issues that Dwayne Dail dealt with for 18½ years," said Chris
> Mumma, the attorney who helped establish Dail's innocence.
Who cares about HIS issues; he's a second class citizen......... remember?
>
> Heekin, who said she filed the suit last week, works in the same law
> office as Don Strickland, the former Wayne County assistant district
> attorney who prosecuted Dail for rape.
Well ain't that special.
DB
"Dusty" <No....@home.org> wrote in message
news:gkfvp3$ta6$02$1...@news.t-online.com...
LM
> Don't let women fool you, they can be greedy too!
>
> "Dusty" <No....@home.org> wrote in message
>
> news:gkfvp3$ta6$02$1...@news.t-online.com...
>
>
>
>
> - Show quoted text -
I agree women can be greedy. I have seen it on both sides female and
male. Right now my x-son in law isn't paying a cent for child
support. We are having to go though the court system. It has been 2
years now that we have been helping my daughter with our two
grandchildren. Then on the other hand I know a young man that is
raising his two children and paying his wife child support when the
kids stay with him almost 100 percent of the time. He can't afford to
go to court. The child support system is very flawed to say the
least. What do you think?
Lisa
Chris
--
Any man that's good enough to pay child support is good enough to have
custody of such child.
"LM" <webresp...@gmail.com> wrote in message
news:acb98621-f436-4265...@x8g2000yqk.googlegroups.com...
***************
How about you let her take care of her children the way she chooses and the
same for him.
Phil
created this mess to start with, certainly not the father.
Phil #3
"Chris" <re...@juno.com> wrote in message
news:Cxebl.67694$ln7....@newsfe04.iad...