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wyniemko.jpg (15886 bytes)

Kenneth Wyniemko, 54, FALSELY ACCUSED, GETS $3.7 MILLION

 

Others cleared by DNA tests.

----Original Message Follows----
From: "Ken" <ken_forthelamb@yahoo.com>
Reply-To: MensIssuesOnline@yahoogroups.com
To: MensIssuesOnline@yahoogroups.com
Subject: [Men's Issues Online] Re: Man wrongly 
convicted of rape to get $3.7 
million (Detroit Free Press)
Date: Wed, 30 Nov 2005 06:16:50 -0000
I noticed a couple of things on the side bar:
During trial, jury hears from jailhouse informant 
spared a life
sentence for testifying that Wyniemko confessed. 
Victim says she's
certain it was Wyniemko.
I have a big problem with these "jail house 
informants"  They have
little to lose and much to gain to get innocent people 
convicted, yet
we see them being used often.
Dec. 15, 1994: Gets 40-60 years. Judge exceeds 
sentencing guidelines
because Wyniemko doesn't show remorse.
Show remorse...how do we show remorse for something we 
did NOT do?
There have been several recent reports of men in 
prison for rape that
have been proven innocent by DNA that have been in 
prison for years.
Some of them could have gotten out earlier but they 
would not show
remorse for something they did not do.
I even wonder if a rape was committed in the first 
place?  Could she
have had an affair and then used a crime as  cover up 
for her
spending the money perhaps on gambling or other 
things?  I am sure it
never entered the police's mind that this was a 
possiblity.



--- In MensIssuesOnline@yahoogroups.com, Robert Brown
<robertcedric2001@y...> wrote:
 >
 > http://www.freep.com/apps/pbcs.dll/article?
AID=/20051129/NEWS04/511290388&template=printart
 >
 >             Home | Back
 > ---------------------------------
 >     Freed man to get $3.7 million  He was wrongly 
convicted of
rape  BY DAVID ASHENFELTER
 > FREE PRESS STAFF WRITER
 >   November 29, 2005
 >
 >
 >   Clinton Township will pay Kenneth Wyniemko, 54, 
imprisoned nearly
nine years and released in 2003.
 >     Kenneth Wyniemko and the judicial system       
April 30, 1994:
A 28-year-old Clinton Township woman is raped 
repeatedly by a man who
has a knife and broke into her home. The rapist also 
steals cash. The
victim cannot identify her attacker. He wore a ski 
mask, and she was
blindfolded.
 >
 >   July 14, 1994: Wyniemko arrested. Appears 
clean-shaven in lineup
with subjects who all have facial hair except for one 
other. Released.
 >
 >   July 15, 1994: Arrested. Arraigned on 15 counts 
of criminal
sexual conduct and one count each of breaking and 
entering and armed
robbery.
 >
 >   Oct. 31, 1994: Trial begins. Court-appointed 
attorney has little
more than weekend to prepare.
 >
 >   Nov. 9, 1994: Found guilty. During trial, jury 
hears from
jailhouse informant spared a life sentence for 
testifying that
Wyniemko confessed. Victim says she's certain it was 
Wyniemko.
 >
 >   Dec. 15, 1994: Gets 40-60 years. Judge exceeds 
sentencing
guidelines because Wyniemko doesn't show remorse.
 >
 >   June 17, 2003: Freed, after more than a year of 
work by Innocence
Project at Thomas M. Cooley Law School. DNA of a 
still-undetermined
person was found on a cigarette butt and semen-stained 
nylons.
 >
 >   September 2005: Wyniemko tentatively settles his 
lawsuit against
Clinton Township, six months after a judge refused to 
dismiss it.
 >
 >   KIM NORTH SHINE
 >
 >
 >   Clinton Township agreed to pay a 
$3.7-million-plus out-of-court
settlement to a man who spent nearly nine years in 
prison for a rape
he didn't commit, according to a settlement agreement 
released Monday
by the township.
 >
 >   The township, through its insurance carrier, 
agreed to pay
Kenneth Wyniemko a $1.8-million lump sum, plus $6,409 
per month for
the rest of his life. The payments are guaranteed for 
at least 20
years -- even if he dies sooner -- and the payments 
will increase 3%
annually, the agreement said.
 >
 >   The township didn't admit any wrongdoing, and the 
settlement
prohibits the parties from making disparaging comments 
about each
other.
 >
 >   Township Supervisor Robert Cannon didn't respond 
to a request for
comment on the settlement Monday.
 >
 >   Wyniemko's lawyer, George Googasian, said the 
agreement didn't
contain a confidentiality clause. He said the public 
has a right to
know the amount of the settlement because it involved 
a government
entity.
 >
 >   Googasian said there's no amount of money that 
can compensate
Wyniemko for losing nine years of his life. But he 
said the
settlement enables Wyniemko to devote his time to the 
Innocence
Project to help other inmates who have been wrongly 
convicted.
 >
 >   Wyniemko, 54, of Rochester Hills was freed from 
prison in 2003
after DNA tests exonerated him in the 1994 rape and 
robbery of a 28-
year-old Clinton Township woman.
 >
 >   Although Wyniemko professed his innocence, a 
Macomb County jury
convicted him of rape and burglary, and a judge 
sentenced him to 40-
60 years in prison.
 >
 >   He was freed after testing done at the behest of 
the Innocence
Project at Thomas M. Cooley Law School found that his 
DNA didn't
match that found on a cigarette butt or on 
semen-stained nylons at
the crime scene.
 >
 >   In March 2005, U.S. District Judge Lawrence 
Zatkoff refused the
township's request to dismiss the lawsuit and 
criticized the
township's handling of the investigation.
 >
 >   Zatkoff said detectives withheld evidence and 
showed a reckless
disregard for the truth and an intent to mislead the 
prosecutor and
magistrate into believing that the case against 
Wyniemko was much
stronger than it was.
 >
 >   The township appealed Zatkoff's decision to the 
U.S. 6th Circuit
Court of Appeals. The lawsuit was settled in September 
while the case
was on appeal.
 >
 >   Last week, Zatkoff ordered lawyers in the case to 
appear in his
courtroom in Port Huron today after the insurance 
carrier's lawyer
asked him to dismiss the lawsuit. The lawyer refused 
to provide
Zatkoff with the terms of the settlement on grounds 
that the
agreement was confidential.
 >
 >   The Free Press filed a Freedom of Information Act 
request last
week and obtained the settlement Monday.
 >
 >   Zatkoff also was given a copy of the settlement 
Monday, prompting
him to cancel today's hearing.
 >   In recent years, metro Detroit communities 
increasingly have
inserted confidentiality clauses into settlement 
agreements, often at
the behest of insurance carriers, on the grounds that 
confidentiality
discourages litigation. It also shields officials from 
bad publicity.
 >
 >   But Michigan courts have consistently held that 
the public has a
right to know the details of such settlements because 
they involve
public funds.
 >   Media organizations that sue for such information 
usually win and
can force the municipalities to reimburse their legal 
fees.
 

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