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New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay
On May 8, 2006, the Supreme Court of Albany County, New York, has held that
State prisoner George Wendell's military retirement pay is not exempt from
garnishment for victim compensation.
Wendell, a former U.S. Air Force Technical Sergeant, was convicted in 2002
and sentenced to 15 years for multiple counts of sexually assaulting
Katherine Salinski from the age of ten to 13. Salinski sought to modify a
previously granted preliminary injunction to garnish Wendell's prisoner
account for a $5,000,000 judgment that she obtained against him for the
sexual assaults. Wendell claimed that his military retirement pay was
exempt from garnishment pursuant to 38 U.S.C. § 5301 as veteran's benefits.
Salinski claimed that Wendell's military retirement pay is not exempt from
garnishment pursuant to New York Executive Law § 632 a (the "Son of Sam
Law"), "requiring that a crime victim be permitted to recover from any
source of money and property belonging (to) a convicted person."
The Court held that Wendell's military retirement pay is not a pension,
"but rather constitutes the 'pay' of a 'non commissioned officer' and as
such is ..." not excluded from garnishment as 'earned income' pursuant to
Executive Law § 632 a(l)(c)," because (1) the pay is not from any current
labor; and (2) "earned income" is excluded from the "funds of a convicted
person" only for the purpose of determining when certain notice provisions
of the statute apply.
The Court further held that, as a ward of the State, Wendell's needs were
taken care of such that the crime victim's need for compensation superseded
his rights to his retirement pay. The Court amended the preliminary
injunction permitting Salinski to partially satisfy her judgment by turning
over funds in Wendell's prison account to her. See: New York State Crime
Victims Board v. Wendell. Supreme Court, Albany County, Case No. 2221 04
(New York May 8, 2006).
On May 8, 2006, the Supreme Court of Albany County, New York, has held that
State prisoner George Wendell's military retirement pay is not exempt from
garnishment for victim compensation.
Wendell, a former U.S. Air Force Technical Sergeant, was convicted in 2002
and sentenced to 15 years for multiple counts of sexually assaulting
Katherine Salinski from the age of ten to 13. Salinski sought to modify a
previously granted preliminary injunction to garnish Wendell's prisoner
account for a $5,000,000 judgment that she obtained against him for the
sexual assaults. Wendell claimed that his military retirement pay was
exempt from garnishment pursuant to 38 U.S.C. § 5301 as veteran's benefits.
Salinski claimed that Wendell's military retirement pay is not exempt from
garnishment pursuant to New York Executive Law § 632 a (the "Son of Sam
Law"), "requiring that a crime victim be permitted to recover from any
source of money and property belonging (to) a convicted person."
The Court held that Wendell's military retirement pay is not a pension,
"but rather constitutes the 'pay' of a 'non commissioned officer' and as
such is ..." not excluded from garnishment as 'earned income' pursuant to
Executive Law § 632 a(l)(c)," because (1) the pay is not from any current
labor; and (2) "earned income" is excluded from the "funds of a convicted
person" only for the purpose of determining when certain notice provisions
of the statute apply.
The Court further held that, as a ward of the State, Wendell's needs were
taken care of such that the crime victim's need for compensation superseded
his rights to his retirement pay. The Court amended the preliminary
injunction permitting Salinski to partially satisfy her judgment by turning
over funds in Wendell's prison account to her. See: New York State Crime
Victims Board v. Wendell. Supreme Court, Albany County, Case No. 2221 04
(New York May 8, 2006).
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Related legal case
New York State Crime Victims Board v. Wendell
| Year | 2006 |
|---|---|
| Cite | Supreme Court, Albany County, Case No. 2221 04 (Ne |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | Granted |