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Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment

On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160.

Kenneth Wyniemko was convicted in 1994 of raping and robbing a Michigan woman and sentenced to 40 to 60 years in prison. The victim, who was blindfolded, said she could see the ski-masked rapist and identified Wyniemko as her assailant. A jail house informant also testified that Wyniemko had confessed the rape to him. Wyniemko?s sentence exceeded the guidelines because he failed to show remorse.

Wyniemko, 59 at the time of the settlement, was released from prison after a retesting of the DNA evidence exonerated him. He subsequently sued the township for false imprisonment and intentional infliction of emotional distress. Wyniemko specifically claimed he was denied a fair trial and that police misconduct was instrumental in his conviction.

The township settled before trial began in the U.S. District Court for the District of Michigan. Under the agreement Wyniemko received a lump sum payment of $1.8 million plus payments of $6,409 per month for life (or 20 years minimum). Approximate total: $3,338,160.

Wyniemko was represented by attorneys George A Googasian and Thomas H. Howlett, both of Bloomfield Hills, Michigan. See: Wyniemko v. Township of Clinton, USDC D MI, Case No. 2:03-CV-74749-LPZ.

Source: The Michigan Trial Reporter

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Related legal case

Wyniemko v. Township of Clinton