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Tuesday, March 11, 2008

Ind. Decisions - City of Hammond negotiating Mayes settlement

Susan Brown reports today in the NWI Times:

HAMMOND | Five months after the city of Hammond asked a federal appeals court to overturn a $9 million judgment in the wrongful conviction lawsuit won by Larry Mayes, attorneys are expected to file a motion today asking the court not to rule in the case.

The motion, if successful, will clear the path for a negotiated settlement between Mayes and the city for a reported $4.5 million. * * *

The judgment stems from a 1982 case in which a jury sent Mayes to prison for abducting and raping a Hammond convenience store clerk.

Mayes served 20 years in prison before modern DNA analysis determined the semen recovered from the victim was not his.

Mayes subsequently filed a wrongful conviction lawsuit that resulted in a $9 million jury award in August 2006. Found liable along with the city was now-retired Capt. Michael Solan, who was chief of police at the time of Mayes' conviction.

As of January 2007, the case had cost the city more than $500,000 in legal fees.

At the time, Mayes' victory prompted his attorneys to petition the court for $1.4 million in legal fees, though a lower amount had been negotiated to be paid if the city's appeal fails. Separate legal fees to attorneys representing two officers involved in the case had reached more than $148,000.

Posted by Marcia Oddi on March 11, 2008 09:09 AM
Posted to Ind Fed D.Ct. Decisions