Skip to main content

Dutchess County's Settlement of Wrongful Conviction Suit is Costing $9.4 Million

Oh, Dutchess County, home of my New York ancestors from 265 years ago, what have you done?

In 1977 Dewey Bozella was wrongfully convicted for murder and spent 26 years in prison. He was released in 2009 after a judge ordered that he should have a new trial because prosecutors withheld evidence. But the D.A. did not seek a new trial.

Bozella then sued for wrongful conviction (as he should have) and recently settled his case for $7.5 million. Dutchess County isn't rich, and its insurance company refuses to provide coverage, so the County had to borrow the money to pay the settlement. Plus, legal fees and related expenses have been $1.36 million.

The settlement, legal fees, and interest in borrowing the money to pay the settlement, have added up to $9.4 million so far. And, for now, the taxpayers of Dutchess get stuck with the bill.

Comments

Popular posts from this blog

Know Your Rights: Money/Remedy at Law vs. Equitable Relief

When you bring a lawsuit (or some other kind of action or proceeding) in court, you are asking the court to give you some kind of relief. Generally speaking, that relief is either money (called "damages" or "money damages" or a "remedy at law") or equitable relief. Everyone knows what money is. What is "equitable relief"? It is relief other than money. Some examples of equitable relief (or "relief at equity" or an "equitable remedy") are:  specific performance of a contract -- you entered into a contract with another party for them to do something; they failed to do it; you sue them to force them to perform as they agreed to in the contract an injunction -- you bring an action to make another party do something or stop doing something rescission of contract -- you entered into a contract; you believe there is a problem with the contract, or the other side committed fraud, or the other side can't perform its oblig...

Respond to Demands for Evidence or Be Prepared to Have Your Case Thrown Out!

The evidence or fact-gathering phase of a lawsuit is called "discovery". Each party is entitled to demand various kinds of evidence from the other party or parties in preparation for a possible trial. Two common kinds of discovery demands are a "Demand for Discovery and Inspection" and "Interrogatories" (which are written questions, answered in writing, under oath). (Psst: Interrogatories are basically a waste of time, but that will be left for another day.) In a recent decision , a New York appeals court affirmed the ruling of a lower court, throwing out a case for plaintiff's failing to respond to defendants' discovery demands. In that case, an LLC sued an architecture firm for malpractice and breach of contract. During the discovery phase, defendants architects served plaintiff with a Demand for Discovery and Inspection and Interrogatories. You only have 20 days to respond or object to discovery demands, or you lose a lot of rights in how yo...

Recent Case Developments: Employment Contract Enforceable Against Employer Even Though Not Signed

The plaintiff is a modeling scout. Defendant modeling agency decided to hire him as a modeling scout for $190,000/year, plus bonuses. An employment contract was prepared. One provision of the contact said that if the plaintiff were ever fired without cause, he would be entitled to 6-months severance ($95,000). The contract also said that it could be signed in counterparts. The plaintiff signed the contract on August 18, 2015 and emailed his signature to the modeling agency. One of the agency's board members emailed back, saying "Welcome aboard. We'll countersign over the next few days." But no one from the agency ever signed the contract. Nevertheless, the plaintiff began working as a modeling scout, and the agency paid him according to the contract. But after six months, the agency decided to terminate him, without cause. The agency then refused to pay him the $95,000 severance, and the plaintiff brought a lawsuit for breach of contract. The modeling agency m...