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State to Pay Dail for Wrongful Incarceration

Posted January 23, 2008

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— The State Industrial Commission on Wednesday authorized a payment of $368,493.14 to a Goldsboro man who spent about half his life in prison for a crime he didn't commit.

Dwayne Allen Dail, 39, was cleared last August of the 1987 rape of a 12-year-old Goldsboro girl. DNA tests run on evidence thought to be lost proved someone else committed the crime.

Gov. Mike Easley pardoned Dail in October, which allowed him to seek $20,000 a year in restitution from the state for the mistake.

An attorney with the state Department of Justice did not object to the payment in a brief hearing Wednesday morning.

Since his release from prison, Dail has moved to Florida to start a new life with his 18-year-old son. He also speaks publicly frequently about the need to protect the rights of those wrongfully accused and convicted of crimes.

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  • NCbred77 Jan 24, 2008

    "i dont get it, how do indiviuals who rapes minor's, especially there own kids, have only gotten a few years behind bars ... and then this guy who obviously didnt rape this girl get around 20 years, i mean im sure they did dna test back then right?"

    To answer your question Dail could have accepted a plea bargain for a 2 or 3 year sentence. Him being innoccent, he rejected it and since he was found guilty he had to serve the max for the crime I believe. And no, they didn't have DNA testing in this part of the country back then.

  • beachboater Jan 23, 2008

    I agree that no amount can compensate Dail for what he endured. At least though, he will have a pretty good nestegg to get his life started again. Probably a lot more that he would have saved up to this point in his life.

    To correct someone above, the boys mother was 18 I think. The girl he was accused of raping was 12.

    Also, I think his trade was sheetrock installation. I have no idea how much he would have earned.

  • DominicanNC Jan 23, 2008

    Very true Rev. RV.

  • ifcdirector Jan 23, 2008

    "I think he should give some of the money to the woman who raised his child. Raising a child is expensive, but even more so as a single parent."

    That's the most inane comment I have ever read on these forums....

  • Adelinthe Jan 23, 2008

    AMEN, AND AMEN!!!

    Now watch the vultures start to circle around this poor man.

    Praying for him and his son who has lost so much.

    God bless.

    Rev. RB

  • ArkAngels Jan 23, 2008

    I just finished reading The Innocent Man by John Grisham and I agree... Mr. Dail did not get anything close to what he deserved in the way of compensation. I fully intend to read this book again before going for jury duty too... I think it should be a must read for potential jurors.

    I did not have to read any other articles to know how he was treated in prison just based on what he was accused of, that was a given. Seems the inmates have their own form of "justice" inside the walls based on what you are accused of doing.

    I am glad that he is now with his child in another state. I do not blame him, I would have gotten away from here too. May God Bless him.

  • NCTeacher Jan 23, 2008

    I am so glad that he got some compensation for his ordeal. However, I don't think anyone could EVER pay him enough to make up for all of the time he spent in prison and everything that happened to him while he was there.

    He shouldn't have to pay anything to his ex now. It wasn't his CHOICE to go to prison and be unable to pay child support. If she is going to sue someone for back child support, she should be suing the people who wrongly incarcerated him.

  • monkey_boy09 Jan 23, 2008

    i dont get it, how do indiviuals who rapes minor's, especially there own kids, have only gotten a few years behind bars ... and then this guy who obviously didnt rape this girl get around 20 years, i mean im sure they did dna test back then right?

  • houdie1031 Jan 23, 2008

    I think he should give some of the money to the woman who raised his child. Raising a child is expensive, but even more so as a single parent. I'm sure being in prison did not foster the growth and maturity it would take for him to be noble with his money. I'm sorry this happened to him.

  • bosoxbaby Jan 23, 2008

    whatusay-- the woman you refer to was 12 years old at the time. Do you still think she should be imprisoned??

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