Although I am happy to see that Mr. Dillon is receiving compensation, I still have a small problem with this bill which I have highlighted. i.e., That the state believes Mr. Dillon had "no constitutional right to be free" from an illegal conviction?3-3-2010 Florida:
WHEREAS, William Dillon was wrongfully convicted of first
degree murder and imprisoned for 27 years, and
WHEREAS, even though the current State Attorney, an
assistant public defender at the time of Mr. Dillon’s
conviction, publicly stated that dog scent evidence should be
banned because it had not “reached the level of reasonable
scientific credibility,” the State of Florida allowed a
discredited dog handler to provide false and implausible
testimony improperly connecting William Dillon to the murder,
and
WHEREAS, the same dog handler provided false testimony
against Juan Ramos and Wilton Dedge, and
WHEREAS, in exchange for dismissal of a charge of sexual
battery on a child, a jailhouse informant manufactured false
testimony against William Dillon which improperly connected him
to the murder, and
WHEREAS, a key witness, after having sexual relations with
the lead investigating detective, was threatened with excessive
incarceration unless she falsely implicated William Dillon in
the murder, and
WHEREAS, the Circuit Court in the Eighteenth Judicial
Circuit granted the state’s motion to discharge William Dillon
from custody based on DNA evidence that excluded William Dillon
as the perpetrator of the crime, and
WHEREAS, William Dillon was released on November 18, 2008,
and
WHEREAS, the Legislature acknowledges that the state’s
system of justice yielded an imperfect result that had tragic
consequences in this case, and
WHEREAS, William Dillon was subjected to severe physical
and sexual abuse during his wrongful incarceration, and
WHEREAS, William Dillon incurred severe and permanent
dental damage as a result of a lack of dental care while
incarcerated, and
WHEREAS, the Legislature acknowledges that, as a result of
his conviction and physical confinement, William Dillon suffered
significant damages that are unique to William Dillon and all of
those damages are due to the fact that he was physically
restrained and prevented from exercising the freedom to which
all innocent citizens are entitled, and
WHEREAS, William Dillon, before his wrongful conviction for
the above-mentioned crime, pleaded guilty to a nonviolent felony
when he was 19 years old, and
WHEREAS, because of his prior felony conviction, William
Dillon is ineligible for compensation for each year of wrongful
incarceration under chapter 961, Florida Statutes, and
WHEREAS, the Legislature is providing compensation to
William Dillon to acknowledge the fact that he suffered
significant damages that are unique to William Dillon and are
the result of his physical restraint and deprivation of freedom,
and
WHEREAS, the Legislature is providing compensation to
William Dillon based on a moral desire to acknowledge his
undisputed and actual innocence, not in recognition of a
constitutional right or violation, and
WHEREAS, the compensation provided by this act is the sole
compensation from the state for any and all present and future
claims arising out of the factual situation in connection with
William Dillon’s wrongful conviction and incarceration, and
WHEREAS, the Legislature apologizes to William Dillon on
behalf of the state, NOW, THEREFORE,
For the remainder of this bill: Florida Legislature
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