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closeupready

(29,503 posts)
Thu Dec 15, 2011, 11:12 AM Dec 2011

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.

28 replies = new reply since forum marked as read
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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
She gave up all rights to the money when she divorced him Angry Dragon Dec 2011 #1
he needs a better lawyer --no way is it Tuesday Afternoon Dec 2011 #2
Cheeky cow dipsydoodle Dec 2011 #3
He was awarded the compensation after the divorce, right? jtrockville Dec 2011 #4
Seems kind of like a shakedown - closeupready Dec 2011 #5
She is making the claim that she was married to him for three years former9thward Dec 2011 #23
Doesn't seem right. jtrockville Dec 2011 #25
I'm with you on this one Gringostan Dec 2011 #6
She should bring her own lawsuit.... Little Star Dec 2011 #7
This +1. Ed Suspicious Dec 2011 #10
That would make more sense Gormy Cuss Dec 2011 #21
Unreal. Hope she is laughed out of court. n/t Lance_Boyle Dec 2011 #8
greedy people suck.... mike_c Dec 2011 #9
Back child support? udbcrzy2 Dec 2011 #11
This message was self-deleted by its author Bunny Dec 2011 #12
No, she's already got that muriel_volestrangler Dec 2011 #15
This message was self-deleted by its author Bunny Dec 2011 #16
i can sorta kinda see melm00se Dec 2011 #13
If anyone should get a percentage of the money it should be Phillips son azurnoir Dec 2011 #14
This message was self-deleted by its author Bunny Dec 2011 #17
BOTTOM LINE LAWYERS SUCK bigdarryl Dec 2011 #18
hope she doesn't get a penny Liberal_in_LA Dec 2011 #19
i'm with you. barbtries Dec 2011 #20
This is called, "selling the bull then being pissed when it was a milk giving cow". Javaman Dec 2011 #22
That just doesn't seem right. eom tawadi Dec 2011 #24
I hope the judge tosses her ass in jail. nt Ilsa Dec 2011 #26
Personally, I don't think she should get any of it, but MurrayDelph Dec 2011 #27
LBN posts must be news stories breaking within the last 12 hours struggle4progress Dec 2011 #28

Angry Dragon

(36,693 posts)
1. She gave up all rights to the money when she divorced him
Thu Dec 15, 2011, 11:20 AM
Dec 2011

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

Tuesday Afternoon

(56,912 posts)
2. he needs a better lawyer --no way is it
Thu Dec 15, 2011, 11:21 AM
Dec 2011

that a compensation = earnings.

fail.

dipsydoodle

(42,239 posts)
3. Cheeky cow
Thu Dec 15, 2011, 11:27 AM
Dec 2011
 

jtrockville

(4,266 posts)
4. He was awarded the compensation after the divorce, right?
Thu Dec 15, 2011, 11:29 AM
Dec 2011

How could his spouse possibly have any claim to it?

 

closeupready

(29,503 posts)
5. Seems kind of like a shakedown -
Thu Dec 15, 2011, 11:30 AM
Dec 2011

nt

former9thward

(31,936 posts)
23. She is making the claim that she was married to him for three years
Thu Dec 15, 2011, 08:07 PM
Dec 2011

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.

 

jtrockville

(4,266 posts)
25. Doesn't seem right.
Thu Dec 15, 2011, 08:25 PM
Dec 2011

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.

Gringostan

(127 posts)
6. I'm with you on this one
Thu Dec 15, 2011, 11:34 AM
Dec 2011

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.

Little Star

(17,055 posts)
7. She should bring her own lawsuit....
Thu Dec 15, 2011, 11:35 AM
Dec 2011

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

Ed Suspicious

(8,879 posts)
10. This +1.
Thu Dec 15, 2011, 11:47 AM
Dec 2011

Gormy Cuss

(30,884 posts)
21. That would make more sense
Thu Dec 15, 2011, 04:35 PM
Dec 2011

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

 

Lance_Boyle

(5,559 posts)
8. Unreal. Hope she is laughed out of court. n/t
Thu Dec 15, 2011, 11:36 AM
Dec 2011

mike_c

(36,269 posts)
9. greedy people suck....
Thu Dec 15, 2011, 11:41 AM
Dec 2011

eom

 

udbcrzy2

(891 posts)
11. Back child support?
Thu Dec 15, 2011, 12:48 PM
Dec 2011

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).

Response to udbcrzy2 (Reply #11)

muriel_volestrangler

(101,266 posts)
15. No, she's already got that
Thu Dec 15, 2011, 01:16 PM
Dec 2011
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

Response to muriel_volestrangler (Reply #15)

melm00se

(4,984 posts)
13. i can sorta kinda see
Thu Dec 15, 2011, 12:56 PM
Dec 2011

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

azurnoir

(45,850 posts)
14. If anyone should get a percentage of the money it should be Phillips son
Thu Dec 15, 2011, 01:10 PM
Dec 2011

who lost his father to a wrongful conviction

Response to azurnoir (Reply #14)

 

bigdarryl

(13,190 posts)
18. BOTTOM LINE LAWYERS SUCK
Thu Dec 15, 2011, 04:03 PM
Dec 2011

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

 

Liberal_in_LA

(44,397 posts)
19. hope she doesn't get a penny
Thu Dec 15, 2011, 04:13 PM
Dec 2011

barbtries

(28,769 posts)
20. i'm with you.
Thu Dec 15, 2011, 04:25 PM
Dec 2011

hope she loses.

Javaman

(62,500 posts)
22. This is called, "selling the bull then being pissed when it was a milk giving cow".
Thu Dec 15, 2011, 04:56 PM
Dec 2011

tawadi

(2,110 posts)
24. That just doesn't seem right. eom
Thu Dec 15, 2011, 08:18 PM
Dec 2011

Ilsa

(61,690 posts)
26. I hope the judge tosses her ass in jail. nt
Thu Dec 15, 2011, 08:33 PM
Dec 2011

MurrayDelph

(5,292 posts)
27. Personally, I don't think she should get any of it, but
Thu Dec 15, 2011, 08:49 PM
Dec 2011

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

struggle4progress

(118,228 posts)
28. LBN posts must be news stories breaking within the last 12 hours
Thu Dec 15, 2011, 09:30 PM
Dec 2011

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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