Kansas’ first lawsuit filed under a new mistaken conviction statute has been resolved, according to Kansas Attorney General Derek Schmidt.
Richard Jones, who had been convicted in Johnson County in 2000 for an aggravated robbery he did not commit, will receive about $1.1 million, according to a news release from the Kansas attorney general.
Jones’ conviction was vacated and charges against him were dismissed in 2017. An agreed resolution was approved Monday in Johnson County District Court by Judge Kevin P. Moriarty.
In a case of mistaken identity, Jones was convicted while a person who looked like him went free. The mistaken identity was discovered and the case was investigated by the KU Law Project for Innocence with the Midwest Innocence Project. But Jones had already served about 17 years in prison before he was freed.
“We are committed to faithfully administering the new mistaken-conviction statute the legislature enacted,” Schmidt said in a news release. “In this case, it was possible on the existing record to resolve all issues quickly, satisfy all of the statute’s requirements, and agree to this outcome so Mr. Jones can receive the benefits to which he is entitled by law because he was mistakenly convicted.”
According to the attorney general’s news release, the court ordered that Jones will be granted a certificate of innocence; records of his arrest and conviction were expunged and any biological samples associated with his conviction were ordered destroyed; he was granted total compensation of $1,103,945.16; he was granted counseling; and he was granted permission to participate in the state health care benefits program for 2019 and 2020.
By law, payment on the judgment is subject to review by the State Finance Council. Schmidt has formally asked the Finance Council to review the matter promptly so payment can begin.
Two other lawsuits under the new mistaken-conviction statute have been filed by other individuals, according to the attorney general’s office. Those lawsuits remain pending in Sedgwick County and Shawnee County.