This was on the news this morning. A couple of guests in my lobby commented about the fact that he may get $50,000 a year for every year he was in prison. They were calling it ridiuclous, stupid, he shouldn't get crap. They even said "we taxpayers had to pay to take care of him for all that time and no we gotta give him money?!?"
It was ALL I HAD in me to keep my mouth shut I think my lip was bleeding by the time they left...

IMO this man deserves more than that. His life was ruined, he spent 28 YEARS in prison for something he did not do. There was falsified testimony that put him there.

I think this man earned every last cent. He has no work history now. No experience. Can't just go out and get a job to support himself. He lost out on almost his whole life. 28 years is a LONG time to spend in prsion when you're innocent.





WASHINGTON (Dec. 16) -- A man who spent 28 years behind bars for a rape and murder he said he didn't commit walked out of a federal prison in Arizona on Tuesday with $75 and a bus ticket to Ohio after DNA testing showed he was innocent.

The conviction of Donald Eugene Gates, 58, was based largely on the testimony of an FBI forensic analyst whose work later came under fire and a hair analysis technique that has been discredited.

"I feel beautiful," Gates told The Associated Press by telephone after leaving the U.S. penitentiary in Tucson, Ariz.


Matt York, AP
Donald Eugene Gates stands outside a Phoenix bus terminal Tuesday on his way to Ohio.
Just hours before, the same judge who had presided over Gates' trial years ago in D.C. Superior Court ordered his release.

Prosecutors had agreed Gates should be released. However, at their request, Senior Judge Fred B. Ugast delayed Gates' formal exoneration until next week to give the government a chance to conduct one more round of DNA testing.

Ben Friedman, a spokesman for the U.S. attorney's office in Washington, said Gates would be the first D.C. defendant who spent significant time in prison to be exonerated based on DNA evidence.

Gates was convicted of the 1981 rape and murder of Catherine Schilling, a 21-year-old Georgetown University student, in Washington's Rock Creek Park. He was sentenced to 20 years to life in prison.

But the conviction was based largely on the testimony of FBI hair analyst Michael P. Malone, whose work came under fire in 1997. At that time, the FBI's inspector general found that Malone gave false testimony in proceedings that led to the impeachment and ouster of U.S. District Judge Alcee Hastings in 1989.

Ugast was incredulous that prosecutors had failed to inform him after Malone's work was called into question. He ordered the U.S. attorney's office to review all its cases in which Malone testified -- something he said should have been done earlier.

Sandra K. Levick, one of Gates' attorneys from the D.C. Public Defender Service, said she came across the inspector general's report while doing her own research for the case. She then obtained more information through a Freedom of Information Act request that showed the FBI had issued warnings about the work of Malone and 12 other analysts who were criticized by the inspector general. As part of a review requested by the FBI, prosecutors confirmed they had relied on Malone's work to obtain Gates' conviction.

Assistant U.S. Attorney Joan Draper said she was unaware of the problems with Malone's testimony until the defense filed its motion this month seeking to have Gates' conviction thrown out.

Based on Malone's report, prosecutors had claimed hairs taken from Gates and hairs found on the victim were "microscopically indistinguishable."

Even leaving aside the allegations against Malone, the technique he relied on -- microscopic hair analysis -- has been discredited, Levick said. She cited a 2009 report by the National Research Council of the National Academy of Sciences that said there was "no scientific support" for using hair comparisons for identification.

Barry Scheck, co-director of the Innocence Project, said judges, as well as prosecutors, need to be informed when crime lab analyses are called into question.

"The important part of all these exoneration cases is to learn lessons from them," he said.

Gates asked for and got DNA testing in 1988. However, the DNA sample available at the time was insufficient to draw any conclusions with the technology then available.

Gates' lawyers arranged for a University of Arizona law professor to meet him Tuesday and take him to the bus station after his release. Gates, who is from Akron, Ohio, said he planned to reunite with family in his home state.

If the judge exonerates Gates as expected, he will likely be entitled to compensation for the time spent in prison. As a former federal prisoner, he may be entitled to compensation under federal law, which provides $50,000 per year of incarceration. The District of Columbia has its own compensation statute, which leaves the amount up to the court.

Gates said he prayed for his release and never doubted it would come.

"My faith in God is very strong," he said.

The one-time construction worker said he had no immediate plans.

"It's all coming at me so fast," he said. "I gotta think on it."

Later, at a stop in Phoenix, Gates said he wasn't ready to talk about his conviction, his years in prison or the justice system. He did say he wanted to see America's countryside on the bus ride home.

"I'm going to go back to my family and start my life over," he said.

He deserves every penny he gets........

yes he does

Seems to have a wonderful attitude after such an ordeal,, I hope he has a successful integration back into this crazy world.

agreed. After ALL that he still has a good attitude. I don't think I could pull that off.

$50k for each year is NOTHING for that, for the most part. I sure as hell wouldn't take that kind of money for losing what could have been the best years of my life! But, how was he doing when he got arrested? Was he a drop-out, druggie welfare bum and slim chances of going anywhere or had an impressive education and making $250k per year and only going up? If up to that point his whole life consisted of nothing but public assistance and at best part time at McD's, it's a toss up. There's no doubt though, SOMEBODY(s) should be held accountable for the whole thing and should come back to THEM! An innocent man should not be put away for 28 years(or any amount of time) without repercussions. Most of us know that our legal system is WAY FLAWED and there are only so many excuses for that!

I really don't believe his "potential" has anything to do with what he is entitled to if he were unfairly incarcerated. That kind of money would be spit in a bucket to take my freedom from me. Living in prison seems just punihment to criminals but to the innocent it would be obscene.

Happens more than most realize...

Yes, I think this is an unfortunate pov that many in the justice department hold however,, when you research sentences passed down by some judges and their logic,,,they really do say things like are posted here,, about someones 'potential'.

A middle or upper class teen who commits theft, for example, may get a judge who cites his 'potential' as reason to be more lenient on him. Get a poor urban youth in front of the same judge,, they suddenly feel like the child is just a doomed throwaway and they dont show that same leniency anymore.

Personally, I dont believe the bias should exist and if anything,, if a bias must exist,, those children who HAVE more should be disciplined harder for not being more appreciative.

It sure does, especially after 9/11. Currently there's over 1500 sitting in GTMO that were picked up AKA kidnapped for doing nothing other than being arab and muslim. The most famous case, is one in Canada that was released 2 years ago that was picked up in in 2002 on no charges, no evidence, and tortured just because he had a similar name to a "suspected" member of Al Qaeda and all the Bush admin had to say was "my bad"..no compensation..nothing. At least this man was compensated, most aren't that get in his situation.

And where is the proof of your claim they are innocent??

i agree that he deserves the money . I also believe he should go after who ever lied about him in court . and as far as 9/11 goes I agree that they shouldn't be holding those guys at gitmo . they should of killed them the day they caught them . them do not wear uniforms of any army and under or laws that makes them spys and we are allowed to shot and kill them where ever we catch them.and its been that way for hundreds of years .
sorry charlie if you want to invite us to the party with an invitation of 3000 dead don't expect any pity from me . I'm more than welling to do the shooting my self.

I feel bad for the guy, even after he was released people are still going to wonder, I do hope he can reintigrate with the public after this. He deserves whatever he decides to go for.

It's a start anyway!

How do we value a life?

I agree. It doesn't really matter what potential he had. It's the fact that he never got the chance.
If given a choice... spend 28 years in prison and then got 50 k for every year I was in when I got out, or be able to live my life... I'd live my life. Hands down. Even if I lived it broke on minimum wage. At least it would be MY life.

Many in the AMA want to limit Medical liabilty law suits at $250 k.
Regardless of whether their incompetence killed a patient or not.

the problem is tho that the cost of insurance for doctors gets so high because of so many frivilous lawsuits that they can't even afford to practice.

Take a look at what those doctors have to pay for insurance against lawsuits and you'll see one of the reasons that health care coverage costs as much as it does.

Tort reform really should be part of any " solution " to rising costs.

But the lawyers would absolutely HATE that.

Oh yeah....what profession, well...the degrees they have anyway...were a lot of politicians in before they got elected??

Lawyers.

Have you ever tried to bring a medical law suit against a Dr.?
It's not so easy.
Frivolous law suits are just an excuse for incompetence.

Drs., just like the courts don't want to be held accountable for their incompetence.

Not easy???

Dude, there are sleazy lawyers out there who will sue for ANYTHING at the drop of a hat because they know if they beat the doctor, they'll get a nice fat commission from it.