Wrongly Convicted Man Sued for Child Support

[Gonad the Barbarian]

A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for back child support.

Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker and hair found at the scene was similar to his. But DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack.

Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to receive $360,000 from the state ? $20,000 for each year he spent in prison.

Dail, who now lives in Florida, was served Tuesday with a lawsuit by Lorraine Michaels, the mother of his son, who is seeking back child support. The suit asks for $360,000 to pay the child support Dail didn't provide while he was in prison.

Dail said he was devastated by the suit. He said his son recently moved to Florida to live with him.

Michaels' attorney, Sara Heekin, couldn't be reached for comment Tuesday.

Heekin is in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.

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I know I'm supposed to add a comment, but really, what is there to say about this?

Woops, maybe a link would be nice:
http://www.wral.com/news/local/story/1961294/

More info on the actual rape case here:
http://www.wral.com/news/local/story/1757915/

I think this second article is far more interesting than the first.

 

[BrownTown]

WOW, just WOW thats all kinds of messed up man. Its not his freaking fault he want able to raise the kid, he was stuck in jail for a crime he didn't commit. Personally I think the government shoulda paid him more like 100,000$ at least for each year in jail + pay his child support. She should be suing the government for the money, not this poor dude.

 

[Aimster]

Send the mother to North Korea to work in the labor camps.

 

[compuwiz1]

I wonder if there is some statute of limitations barring so many years of this from being collectable. Also, she's going after the total amount of his award, and I have never known anyone who had to pay 100% of their income for child support. If she is awarded 100% of the income, a bad precedent will have been set.
The man was in prison for something he didn't do and it makes me wonder if this bitch even has a soul.

 

[NaughtyGeek]

Originally posted by: compuwiz1
I wonder if there is some statute of limitations barring so many years of this from being collectable. Also, she's going after the total amount of his award, and I have never known anyone who had to pay 100% of their income for child support. If she is awarded 100% of the income, a bad precedent will have been set.
The man was in prison for something he didn't do and it makes me wonder if this bitch even has a soul.

Obviously this callous wench cannot possess a soul, but then again, do women really have a soul to begin with? I kid, I kid, sorta.

 

[BoberFett]

Originally posted by: compuwiz1
I wonder if there is some statute of limitations barring so many years of this from being collectable. Also, she's going after the total amount of his award, and I have never known anyone who had to pay 100% of their income for child support. If she is awarded 100% of the income, a bad precedent will have been set.
The man was in prison for something he didn't do and it makes me wonder if this bitch even has a soul.

Nope. Arrears are arrears. Not even bankruptcy can clear your child support. It's one of the worst things woman can do to a man. Forget STDs, child support is forever.

 

[Genx87]

Guy should take his money and move to Belize. This country has done nothing for him.

 

[techs]

Uh, seems a simple dna test would prove paternity?

 

[compuwiz1]

Originally posted by: techs
Uh, seems a simple dna test would prove paternity?

It's not disputed that the boy is his son.

 

[Narmer]

He should sue the government for falsely imprisoning him. As for the child support, it's not his fault he was falsely convicted of doing something. Fuck that bitch. Legally, he can give the money to the child, right?

 

[dmcowen674]

Originally posted by: Genx87
Guy should take his money and move to Belize.

This country has done nothing for him.

I'm sure the money has already been frozen and by law she is entitled to every penny the way the laws have been written.

 

[techs]

Originally posted by: compuwiz1

Originally posted by: techs
Uh, seems a simple dna test would prove paternity?

It's not disputed that the boy is his son.

I didn't see that in the article. Anyway, if she was 12 years old then its statutory rape, isn't it?

 

[JD50]

Originally posted by: techs

Originally posted by: compuwiz1

Originally posted by: techs
Uh, seems a simple dna test would prove paternity?

It's not disputed that the boy is his son.

I didn't see that in the article. Anyway, if she was 12 years old then its statutory rape, isn't it?

OMG read the fvking article, or the OP even.

Back on topic, as screwed up as this is, I wouldn't be surprised if the woman got everything that she's asking for. Men are almost always screwed in these situations.

 

[BrownTown]

Originally posted by: techs

Originally posted by: compuwiz1

Originally posted by: techs
Uh, seems a simple dna test would prove paternity?

It's not disputed that the boy is his son.

I didn't see that in the article. Anyway, if she was 12 years old then its statutory rape, isn't it?

Try actually reading the OP next time, it isn't the girl he was accused of raping who is after his money, its some other chick who had his kid before he was sent off to jail.

 

[imported_Lothar]

Originally posted by: BoberFett

Originally posted by: compuwiz1
I wonder if there is some statute of limitations barring so many years of this from being collectable. Also, she's going after the total amount of his award, and I have never known anyone who had to pay 100% of their income for child support. If she is awarded 100% of the income, a bad precedent will have been set.
The man was in prison for something he didn't do and it makes me wonder if this bitch even has a soul.

Nope. Arrears are arrears. Not even bankruptcy can clear your child support. It's one of the worst things woman can do to a man. Forget STDs, child support is forever.

Add student loans and medical bills to that list.

 

[JEDIYoda]

Originally posted by: compuwiz1
I wonder if there is some statute of limitations barring so many years of this from being collectable. Also, she's going after the total amount of his award, and I have never known anyone who had to pay 100% of their income for child support. If she is awarded 100% of the income, a bad precedent will have been set.
The man was in prison for something he didn't do and it makes me wonder if this bitch even has a soul.

There is no statute of limitations for child support.......
Also another quirk of the law is if you start paying child support and say 10 years later decide to check who really is the father...
If your not the father because you were paying child support at least in californie you must continue to pay the child support!!

The laws are truly gone askew!

 

[StageLeft]

Somebody should pay it and since he couldn't because of the state's incorrect finding in his case, it should obviously be the one to do it. Also, $20k/year for wrongful conviction is a fvcking farce, shameful farce. That is nothing. A person should get FAR more.

 

[techs]

Originally posted by: BrownTown

Originally posted by: techs

Originally posted by: compuwiz1

Originally posted by: techs
Uh, seems a simple dna test would prove paternity?

It's not disputed that the boy is his son.

I didn't see that in the article. Anyway, if she was 12 years old then its statutory rape, isn't it?

Try actually reading the OP next time, it isn't the girl he was accused of raping who is after his money, its some other chick who had his kid before he was sent off to jail.

Hence my saying I didn't see it in the article.

 

[sandorski]

Originally posted by: Skoorb
Somebody should pay it and since he couldn't because of the state's incorrect finding in his case, it should obviously be the one to do it. Also, $20k/year for wrongful conviction is a fvcking farce, shameful farce. That is nothing. A person should get FAR more.

Yup.

 

[RightIsWrong]

Originally posted by: Narmer
He should sue the government for falsely imprisoning him. As for the child support, it's not his fault he was falsely convicted of doing something. Fuck that bitch. Legally, he can give the money to the child, right?

He can't sue the government. Most states have passed asinine laws like this one did where, if wrongly imprisoned, you are only entitled to recoup pennies on the dollar of what you could or would have made in the outside world.

This guy could have been a doctor pulling down $250k/yr and he is only entitled to $20k/yr in restitution.

 

[teclis1023]

Originally posted by: Genx87
Guy should take his money and move to Belize. This country has done nothing for him.

Agreed. This bitch will stick on him like flies on shit if he doesn't figure out a way to scoot.

 

[teclis1023]

Originally posted by: Narmer
He should sue the government for falsely imprisoning him. As for the child support, it's not his fault he was falsely convicted of doing something. Fuck that bitch. Legally, he can give the money to the child, right?

Also agreed. If he doesn't move to Belize, he should be compensated significantly for his time, the emotional and physical injury that prison caused him, as well as damage to his reputation.

 

[EagleKeeper]

Originally posted by: RightIsWrong

Originally posted by: Narmer
He should sue the government for falsely imprisoning him. As for the child support, it's not his fault he was falsely convicted of doing something. Fuck that bitch. Legally, he can give the money to the child, right?

He can't sue the government. Most states have passed asinine laws like this one did where, if wrongly imprisoned, you are only entitled to recoup pennies on the dollar of what you could or would have made in the outside world.

This guy could have been a doctor pulling down $250k/yr and he is only entitled to $20k/yr in restitution.

Or the guy could have been a welfare bum and not earned anything.

He received 20K tax free and had room/board (although not at the Sheraton) for 20 years.

 

[jman19]

Originally posted by: EagleKeeper

Originally posted by: RightIsWrong

Originally posted by: Narmer
He should sue the government for falsely imprisoning him. As for the child support, it's not his fault he was falsely convicted of doing something. Fuck that bitch. Legally, he can give the money to the child, right?

He can't sue the government. Most states have passed asinine laws like this one did where, if wrongly imprisoned, you are only entitled to recoup pennies on the dollar of what you could or would have made in the outside world.

This guy could have been a doctor pulling down $250k/yr and he is only entitled to $20k/yr in restitution.

Or the guy could have been a welfare bum and not earned anything.

He received 20K tax free and had room/board (although not at the Sheraton) for 20 years.

Now I dont agree that it is likely this guy was going to be a doctor, but to say that he got 20k tax free and free room and board is ridiculous. The price for those items was far greater than their value. The state is responsible for this mess, not him.

 

[WhipperSnapper]

Released from prison, Dail said he's moved past anger at the child who identified him as the rapist and bitterness at the real perpetrator. -- from the second linked article in the OP's post.

I think he should be bitter and feel angry and vengeful towards the woman who falsely accused him and robbed him of 18 years of his life. It's too bad he can't find a way to obtain a judgment for 50% of her income.

And now he's being sued for back child support. Guess we can add this to the list of ways that men suffer from sex discrimination in this country...

Military Draft
Circumcision (aka genital mutilation)
False allegations of rape and child molestation
No paper abortions for men.
Unfair treatment in divorce and child custody proceedings
Alimony payments
More govt research money being spent on breast cancer than prostate cancer.
Legalized discrimination against white males in education, employment, and contracting.
Paternity Fraud

...and now...getting sued for back child support after having been wrongfully imprisoned for years.

The men of this country need a real men's movement to advocate for and to protect their interests.