4 Men Wrongfully Imprisoned For Years Seek Compensation Under New Michigan Law

LANSING (WWJ) - The first hearings under Michigan's new Wrongful Imprisonment Compensation Act being held in Detroit.

The four cases involve claims from state inmates who were convicted and imprisoned for crimes they did not commit. At least 25 such cases have been filed, all of which are scheduled for hearings.

The law, approved in 2016, provides $50,000 compensation for each year of imprisonment to a person later cleared of charges than landed them behind bars. Individuals can also receive restitution for attorney fees and other expenses under the law.

The following cases are scheduled to be heard Aug. 16:

• Edward Carter -- In January 1975, a 19-year-old Carter was convicted in the robbery and sexual assault of a Wayne State University student. In a trial lasted less than a day, according to the National Registry of Exonerations, his attorney failed to request an analysis of fingerprints at the scene. Those fingerprints were later found to match a convicted sex offender who was in prison for similar crimes that occurred during the same time period, according to the registry. Not to mention, Carter was in custody on theft charges when the attack took place -- another oversight by his trial attorney. He was exonerated and released from custody in April 2010 after wrongfully serving 35 years.

• Marwin McHenry -- In October 2013, McHenry was convicted of attempted murder and several other charges after he was identified by a witness as the gunman in a nonfatal shooting in Detroit. Although McHenry, then 20, was present at the scene where the shooting occurred, he was inside the location and not near where the shots were fired, according to the registry. Three years into his sentence, another man gave a statement to prosecutors admitting that he was the true gunman. In April 2017, all convictions against McHenry were vacated and he was released from custody. Charges have not been refiled in the case.

• James Shepherd -- In October 2011, Shepherd was convicted of premeditated murder in the death of an alleged drug dealer in Flat Rock. The victim's body was found in the apartment of Christopher Henderson, one of Shepherd's friends. Investigators theorized that Shepherd, then 27, conspired with Henderson to rob and kill the victim. Shepherd maintained he was working at Ford Motor Co. during the crime, but the alibi was never documented. After nearly five years behind bars, Shepherd was ultimately exonerated on appeal and released from custody in April 2016. This past April, he filed a $10 million federal lawsuit against the city of Flat Rock and the officer involved. The lawsuit claims the officer concealed cell phone records that confirmed Shepherd's alibi that he was at work at the time of the crime.

• Thomas Foley -- In November 2009, Foley was convicted of murder in the shotgun shooting death of his wife. He told police that he found her body in the shower when he returned home from a birthday party that she was expected to attend. His son told police that before they left for the party, he heard a loud crash inside the house. Foley, then 40, explained the noise to police, saying he dropped a window frame he was carrying to the family barn, according to the registry. Despite a lack of physical evidence, a jury convicted Foley and he was sentenced to life behind bars. A week later, new witnesses came forward saying an unknown vehicle was seen at the Foley home on the day of the murder. A new trial was granted, during which jurors were also shown a photo of glass shards from where Foley dropped the window pane -- that photo was not presented to the first jury. In July 2011, Foley was acquitted of all charges and released from custody.

Over the past 25 years, 66 people in Michigan have been exonerated of crimes they did not commit. Thirty-three of those qualify for compensation under the new law.