Local News

Wrongly Convicted Man Upset Over Child Support Case

Posted November 28, 2007
Updated November 29, 2007

Dwayne Allen Dail, who was wrongly convicted of rape and spent 18 years in prison, appeared in court Wednesday in a civil suit for back child support.

Dail is entitled to $360,000 in compensation from the state for the wrongful imprisonment. New DNA evidence set him free, but Dail now says he feels imprisoned by his son's mother.

Lorraine Michaels, the mother of Dail's son, filed the lawsuit. The suit seeks a "reasonable sum for the care and maintenance of the minor child" for the years Dail was in prison.

From the moment he was set free for a crime he did not commit, Dail began making up for lost time.

“I was not the only one who was robbed of 18½,” Dail said. “I was not the only victim by any means.”

His son, Christopher, grew up without his dad.

“For it to be insinuated that I’m responsible in some way for not being able to take care of my son was very upsetting,” Dail said.

He was back in court Wednesday, the same court that sent him away all those years ago, for a hearing to determine if back child support should be awarded.

Cameras were not allowed in.

“I felt absolutely imprisoned in that courtroom today, because I wanted to get up and leave and I couldn’t,” Dail said. “Right now, I want to look forward, and this is not allowing me to look forward.”

Michaels' attorney did not return phone calls from WRAL. Dail's attorney asked for the case to be dismissed.

There was no word on when the judge will issue his ruling.

In August, new DNA evidence showed Dail did not rape a 12-year-old Goldsboro girl on Sept. 4, 1987.

Dail is living in Florida and said his son recently moved there to live with him.


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  • spotted horse rider Nov 30, 2007

    I think the fact that Mr. Dail's son is living with him now says it all. Seems he is the only one that has stood by this poor man.The ex needs to get a life and let Mr. Dail have his.

  • damfrisky33 Nov 29, 2007

    Perhaps she is forgetting, that he has been robbed of the best years a person could have, to see a child to grow, watch sports together, go to family vacations, have a good job and etc. I believe he was awarded like 20K/year, which is a little for that what the cost of living is today. Not to mension if he is applying a job, how will his resume look and the first impression on he employer. Some people will not even look at his resume, no matter if innocent or not. People are judgmental and rude. I hope that the court will dismiss this case. I have raised two kids on my own and have never asked for a dime from anyone. Why should I? Kids are my blessing and I am healthy, so I work, don't have the time to sit in court. The woman is just a greedy...

  • GWALLY Nov 29, 2007

    I really don't see a problem with suing the DA and PD in this case. If a doctor was to misdiagnose a medical condition and the treatment created an 18 year coma for the patient the lawyers would be lined up in double lines 2 miles long with blood in their eyes, licking their chops. In reality the DA along with the PD "misdiagnosed" (for lack of a better term) this guy and he was "taken out" of society for 18 years. So where is the difference???? I see NONE !!

  • nc resident Nov 29, 2007

    have the jury, the DA and the judge make up the difference....they were the one's that put him behind bars in the first place and besides, 20G a year is not my price for stupidity in the legal system..he had no control in the matter ...the state will take your drivers license if you don't pay child support, so take the judge's, jury's and the DA's license for not paying for 18 years...fair deal huh?

  • GWALLY Nov 29, 2007

    Man...if this guy has anything but bad luck, I sure don't know what it is!! I think I would get as far away from the North Carolina "justice" system as possible.

  • san4short Nov 29, 2007

    While I don't agree with the mother taking him to court for child support, I could understand it if she didn't go and visit him at the jail considering what he had allegedly done, I mean, would you want to bring your child to prison to visit your child's daddy who had allegedly raped a child? My answer would be no way! But on the other hand, in my opinion I think it's wrong of her to go after HIM for money now that he has been found innocent and is just getting used to the idea of being a free man, I mean what does she expect from him? I'm sure he wasn't handed with a job the minute he was set free! In part, it sounds to me like she's digging for gold, the other part, she does deserve some compensation considering what she must have gone through thinking her husband was a criminal, having to raise their son by herself. Two sides to every story. But if it was me and I went to jail for that long for a crime I didn't commit, someone would have to pay me for that big time!

  • jaksethi Nov 29, 2007

    doodad, we are the state and we, a jury of his peers, found him guilty. We are culpable as a whole.

  • Juliett Nov 29, 2007


    The Goldsboro News Argus has an article about what happended in court today. Basically nothing, but it does answer address some legal questions some posters have had.

  • doinbizzness Nov 29, 2007

    why not file a suit against the state by the child, though he is 18 now, for depriving him from being able to see his father and for not allowing his father to be in a position to provide for him?

  • Adelinthe Nov 29, 2007

    It's an interesting thought that the state should pay child support. After all, if the father had not been wrongly imprisoned, he would have (hopefully) supported the child.

    The question I keep asking but don't get answers to is: Did the mother receive any financial aid from the state while the father was in prison? Many spouses of jail-bound inmates do. Did she???

    Cause if so - she's earned nothing, but if she paid for it all, she may be entitled to a reasonable amount for bearing the financial burden of the child all by herself for 18 years.

    Do you all see?

    God bless.

    Rev. RB