Photo courtesy of Local 10 News
Thomas James is among many Black men affected by the nation’s broken criminal justice system. He was recently acquitted for a crime he did not commit after serving more than 32 years in prison. And now, a Florida rule prevents him from collecting compensation for the years he lost while incarcerated.
James, like many ex-prisoners, had plans to rebuild his life after spending years fighting for his innocence behind bars. Instead, he believes the system failed him once again after evidence proved he didn’t commit a crime that kept him away from family and friends for more than three decades, NBC News reported.
In April, James was released from Florida State Prison after 32 years because state attorney for Miami-Dade County Katherine Fernandez Rundle ruled the case initially lacked physical evidence.
“Emotionally, I was overwhelmed. I was not in a state of disbelief, because I knew this day was coming, eventually. I was looking forward to it. But emotionally, I wasn’t really prepared for it,” James previously told ABC News.
James was left to start over without being reimbursed by the state after prosecutors made a crucial error in the case.
According to Florida law, people who have been exonerated can receive up to $2 million in compensation. However, the state had restrictions on who was eligible to receive the funds. For example, there is a 90-day deadline to file for compensation. In addition, a person with more than one violent felony does not qualify for benefits.
“I’m not angry. I’m hurt,” James said. “I’m hurt by it.”
The 55-year-old was forced to live with his mother; everything he owned was donated from various organizations.
“For someone like me, what are we supposed to do?” he said. “We can’t come out and automatically have a job. We don’t automatically have money. We don’t automatically have anything. The only thing that we have that’s automatic is the struggle.”
James was 23 years old when he was convicted in 1991 for the 1990 death of Francis McKinnon. Witnesses told police that a man named “Thomas James” or “Tommy James” had committed the robbery and murder of the elderly man. A key witness’ testimony led jurors to convict James of first-degree murder and sentenced him to life in prison.
“It was horrendous …To have somebody to be incarcerated can be dramatic in of itself, but to know that you’re sitting here, and you’re going through these days on a daily basis for something that you didn’t have anything to do with, it was torture,” James explained.
He said he spent years filing motions proving his innocence and was denied many times. However, the witness, presumed to be McKinnon’s stepdaughter, recanted her story last month. Randle said the new information prompted her to look into the case, including James’ fingerprints that did not match those at the scene.
While James is a free man, he continues to struggle financially due to Florida’s ruling on compensated benefits.
If he were eligible, he would receive around $1.6 million for the 32 years he was locked up.
“That means that the state of Florida is saying that we did you wrong, and we now know that you are innocent, but we don’t owe you anything,” James said.
Dr. Adina Thompson, an Intake Coordinator with the Innocence Project of Florida, said Florida is the only state with the controversial rule.
“That’s really the biggest and most painful barrier to people who would otherwise be eligible,” Thompson said. “It is an issue that affects everyone because everyone could potentially experience a wrongful conviction themselves. So it’s basic humanity. It’s a basic kindness to repair a wrong society has done to these folks.”
The organization plans to continue working on changing the law that has affected other ex-cons, including James.