GLENN HEIGHTS Five Texans wrongfully convicted and later exonerated by DNA evidence say they are still fighting for what they're owed.
The state is withholding more than $4 million of compensation promised by lawmakers, claiming the exonerees aren't entitled to it.
Billy Smith walked out of the Crowley Courts Building in Dallas a free man in 2006.
In 2009, the state legislature agreed to pay Smith and other exonerees for all the years they sat in prison as long as they didn't sue the state.
Smith now enjoys in the free world what he couldn't while serving 20 years in prison for a rape he didn't commit a cup of coffee when he wants it.
He also wants about $133,000 in compensation the state is withholding. This continues to hold me from going on, because I'm still looking back, Smith said. I'm still waiting; I'm still struggling to become free.
The state paid Smith a lump sum of $1.5 million and set up an annuity worth $80,000 a year.
But the state comptroller holds back the rest since Smith was on parole for robbery when convicted of the rape and served 10 months of the sentences concurrently.
Smith said that's unfair. I should have been compensated as the law allowed, fully compensated, he said. Nothing should have been held back.
Smith asked the Texas Supreme Court at a November 10 hearing to order the comptroller to pay in full.
But Assistant Attorney General Philip Lionberger argued no crime should pay.
The statute says, if you're serving a concurrent sentence at the same time you are serving a wrongful sentence, you do not get compensation for it, Lionberger said.
But Smith would not have served concurrent sentences had he not been wrongfully convicted.
And justices, including David Medina, pointedly questioned the state about agreeing to pay compensation for someone on probation who was wrongfully convicted, but not on parole.
That reasoning seems to be flawed, Medina said. You seem to want us to disregard the fact that he was wrongfully imprisoned.
Smith looks forward to the court's decision. I still got a piece of me in prison, he said. All of me have not been released yet.
The Texas Supreme Court should have a ruling in this case sometime next year.
E-mail bwatson@wfaa.com
