Hadaway does not believe that his confession and guilty plea should bar him from compensation under Wis. Stat. § 775.05, as having contributed to his conviction. Hadaway points to the fact that he recanted his confession in a 2007 declaration filed in support of Ott's post-conviction motion seeking a new trial. In addition, although there is no Wisconsin case law interpreting this issue, Hadaway points to People of the State of fllinois v. Thames, et al., where the court considered whether to award a certificate of innocence to four co-defendants, including one who had falsely confessed and pleaded guilty to murder. Like Wis. Stat. § 775.05, the Illinois statue required the court to find that the petitioner was innocent and "did not by his or her own conduct voluntarily cause or bring about his or her own conviction." In reaching its decision in favor of all four co-defendants, the court noted that "Thames' decision to plead guilty to a sentence of 30 years' incarceration was calculated to avoid the sentence received by his co-defendants, and not an attempt to manipulate the justice system in his favor." Hadaway states that he was coerced into falsely implicating Ott and himself in the Payne murder and that his decision to plead guilty to the crime was reasonable in light of the real and/or apparent risk of receiving a long prison sentence for a crime he did not commit. Based on the DNA evidence proving that he is innocent of this crime, the previous Claims Board awards to Chaunte Ott and William Avery, and the damages caused by his wrongful conviction, Hadaway requests the statutory maximum compensation of $5,000 per year for a total of $25,000.
DA’s Response and Argument
Based on a review of the facts surrounding the crime, the Milwaukee County District Attorney's Office did not oppose Hadaway's claim for $25,000, which is the statutory maximum amount, under Wis. Stat. § 775.05(4). Discussion and Conclusion
Under the standards of Wis. Stat. § 775.05(3), the Claims Board must determine whether or not the evidence is clear and convincing that the petitioner was innocent of the crime for which he was imprisoned. Based on the Claimant's facts and arguments summarized above, which are not opposed by the Milwaukee County District Attorney's Office, the Board concludes and finds that the evidence is clear and convincing that Hadaway was innocent of the charge discussed herein, and that under the circumstances Hadaway's confession and guilty plea should not bar him from compensation. Accordingly, the Board further concludes that compensation in the amount of $25,000 shall be awarded from the Claims Board appropriation Wis. Stat. § 20.505(4)(d). Vote: 5-0 Dated at Madison, Wisconsin this 7th day of May, 2021.
COREY FINKELMEYER
Chair, Representative of the Attorney General
ANNE L. HANSON
Secretary, Representative of the Secretary of Administration
MARY FELZKOWSKI
Senate Finance Committee
TERRY KATSMA
Assembly Finance Committee
RYAN NILSESTUEN
Representative of the Governor
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Referrals and Receipt of Committee Reports Concerning Proposed Administrative Rules
The joint committee for review of Administrative Rules reported and recommended:
Relating to sales and use tax provisions and affecting small business.
Relating to sales and use tax provisions.
Relating to the credit for tax paid to another state.
STEPHEN NASS
Senate Chairperson
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The committee on Natural Resources and Energy reported and recommended:
Relating to nonferrous metallic mineral exploration, bulk sampling, prospecting and mining and nonferrous mining waste management.
hist133402Referred to the joint committee for review of Administrative Rules, May 10, 2021. ROBERT COWLES
Chairperson
