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Attorney General’s office briefs council on wrongful conviction payment and two tort settlements; one settlement fails vote
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Summary
The Attorney General's office informed the council of a court-ordered compensation payment to Anthony Bowers for wrongful conviction and presented two tort claim settlements; the council did not approve the settlement in Link v. State but approved the Shane Watson v. DCF settlement.
The Attorney General's office briefed the State Finance Council on three legal items during the May 13 meeting: a court-ordered compensation payment following a wrongful conviction, and two proposed tort claim settlements that were considered in executive session.
Robert Hutchinson of the Attorney General's office said that a Kansas judge had ordered compensation in the case of Anthony Bowers, who was retried and later acquitted on certain charges after appellate review overturned earlier convictions. Hutchinson summarized the court's findings and the office's review: "Anthony Bowers, was ultimately tried 3 different times... Ultimately, the prosecutor in Jackson County decided not to, try the aggravated indecent liberties charge for a fourth time... He filed his petition for compensation under the wrongful conviction statute." Hutchinson said the court ordered compensation of $182,650 for nearly three years incarcerated, plus attorney fees of approximately $25,000. He said the court also issued a certificate of innocence and that the council's review satisfied the statutory requirement so payment can be issued pursuant to the court order.
Following that briefing, the council went into executive session to consider two tort claim settlements presented by the Attorney General's office. After returning to open session, the council considered and voted on resolutions for the two settlements. The resolution for Link v. State of Kansas was moved by Senate President Masterson and seconded by Representative Woodard; after roll call the chair announced that "The resolution does not pass." The transcript records multiple roll-call responses and concludes the motion failed.
The council then moved on the proposed settlement in Shane Watson v. Department for Children and Families. The motion to approve that resolution was made by the President and seconded; the clerk announced the roll call and the chair declared "The resolution passes." The meeting record does not provide settlement amounts or detailed terms for either tort claim in the open-session summary; those specifics were handled during the executive session and are not recorded in the public minutes distributed at the meeting.
Dusty Ralston of Legislative Administrative Services administered the WebEx breakout for the executive session and reminded members of the procedure prior to the closed meeting. Hutchinson and AG staff presented settlement recommendations in the executive session, after which council members returned to open session for votes.
