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CalVCB approves $1.485 million award to man the court found factually innocent
Summary
The board adopted a hearing officer’s proposed decision awarding $1,485,120 to Humberto Duran after a court found him factually innocent of 1994 murder and attempted murder convictions.
SACRAMENTO — The California Victim Compensation Board on July 17 adopted a hearing officer’s proposed decision awarding $1,485,120 to Humberto Duran, an individual whose 1994 convictions for murder and attempted murder were vacated after habeas relief and a court finding of factual innocence.
Chief Counsel Kim Gutierrez presented the item as a Penal Code section 4900 claim under the process for compensation of erroneously convicted individuals; she said the court found Duran factually innocent within the meaning of Penal Code section 1485.55. The proposed award represented $140 per day for each of the 10,608 days Duran was wrongfully imprisoned, Gutierrez said.
Duran’s counsel, Megan Baca of California Innocence Advocates, and a lawyer in attendance, Jared Adams, addressed the board. An on‑record court finding of factual innocence and the attorney general’s office’s agreement with the proposed decision were cited during the presentation. “He wants to extend his gratitude to everyone involved in this matter,” Jared Adams told the board on behalf of the applicant; Duran spoke by phone and told the board the decision “is gonna go a long way in helping mister Duran recover.”
The board adopted the hearing officer’s proposed decision by roll call vote. Member Becton voted aye; Member Johnson voted aye; Chair Ravel voted aye. The motion was recorded as passing.
The board then moved into closed session under Government Code section 11126(c)(3) to consider additional victim compensation program items and later reconvened to approve items 1 through 226 with the exception of item 12; that approval also passed by roll call. The July 17 action on Duran’s claim follows the statutory framework for compensation of erroneously convicted persons and memorializes the court’s factual‑innocence finding in an administrative award.
Duran was represented in the proceedings by California Innocence Advocates; the Attorney General’s Office was represented by deputy attorneys general Jonathan Kraus and Seth McCutchen and stated it agreed with the proposed decision. The award sums the statutory per‑day rate used in the panel’s calculation and will proceed according to the board’s administrative process for implementing such awards.
