November 13, 2012
Texas inmate who admitted rapes seeks compensation
The Associated Press
Capital murder suspect Michael Blair watches as potential juriors enter a Midland, Texas, courtroom, Aug. 17, 1994.
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Though he has almost no chance of leaving prison, his attorney, Roy Greenwood, said Blair could still use the money, particularly for medical fees charged by the prison system.

"He spent 10 years in prison for a crime he didn't commit," Greenwood said. "Why he pled guilty to these cases, I have no clue. We knew they were investigating him. But we had no idea."

Like many of the nearly 30 states that compensate inmates, Texas denies compensation to anyone who is serving time for multiple crimes at once and has one conviction overturned. It also denies annual payments beyond the initial lump sum and other benefits to exonerated inmates who then commit another crime.

But Greenwood argued last month before the state Supreme Court that the law doesn't specifically exclude someone like Blair, who was imprisoned on a wrongful conviction, then confessed to other crimes and had the first conviction thrown out.

Assistant Solicitor General Philip Lionberger argued that lawmakers intended the payments to help exonerated inmates re-establish their lives, not make a guilty convict "more comfortable while he spends his life in prison."

Asked by one justice why the state didn't just ban anyone in prison from getting money, Lionberger said lawmakers never imagined a case like Blair's.

"I don't think it ever occurred to the Legislature that we need to expressly spell this out," Lionberger said. "But I believe that the legislative intent is in the act, that a person like Mr. Blair is not entitled to the compensation."

The Texas Supreme Court could rule sometime in the next few months.

Blair declined an interview request from The Associated Press.

If Blair is granted compensation, Session suggested Blair's victims could file a lawsuit or the state could seize the money to pay for his prison expenses.

Session, now the policy director of the state Innocence Project, said he also has talked to state lawmakers about changing the law next year to prevent anyone else from making a claim like Blair's.

But Jeff Blackburn, the state Innocence Project's chief counsel and another advocate for wrongful-conviction laws, said he believed Blair has a legitimate claim.

"I think we can all agree that nobody really likes the result in this case. But that's not the point," Blackburn said. "That time, in Michael Blair's life, was wrongfully taken from him, and the state should pay for it."

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Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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