The California Victim Compensation Board on Nov. 20 voted to adopt the hearing officer’s proposed decision recommending denial of a Penal Code §4900 claim by Raymond McGinnis.
Chief Counsel summarized the file and said McGinnis filed an application on Feb. 28, 2024 seeking $1,161,860 for 8,299 days of imprisonment after a 1999 felony murder conviction was vacated and dismissed in 2021 under Penal Code §1170.95. The Office of the Attorney General objected, arguing the evidence did not prove McGinnis’ innocence by a preponderance of the evidence and staff recommended denial.
"The claim is recommended for denial as Mr. McGinnis has failed to meet his burden of showing by a preponderance of evidence that he is innocent of the challenged convictions as required by Penal Code section 4900 subdivision (a)," counsel explained.
Mr. McGinnis addressed the board and said his evidence shows fabrication of evidence by the district attorney in his case and that he did not receive a fair hearing. The Attorney General’s deputies present said they were prepared to submit on the proposed decision.
The board moved to adopt the hearing officer’s proposed decision and voted aye.
What’s next: The board adopted the proposed decision denying the claim; the record reflects the AG’s objection and the applicant’s statement about evidence fabrication, and the board’s action resolves this matter at the administrative level.