Judge Limits Dail's Support Payments

A judge has ruled the ex-girlfriend of a man who spent 18 years in prison for a rape he did not commit will receive only a portion, if any, of the $360,000 the state will give him in compensation for wrongful imprisonment.

Posted 1:53 a.m. Dec 14, 2007 — Updated 4:38 p.m. Dec 14, 2007

GOLDSBORO, N.C. — A judge has ruled the ex-girlfriend of a man who spent 18 years in prison for a rape he did not commit, will receive only a portion, if any, of the $360,000 in compensation that he is due from the state for imprisonment.

Dwayne Allen Dail said Thursday evening he would have preferred the case be dismissed as frivolous because it was filed for the wrong reasons.

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

Dail's attorney, Shelby Benton, said the judge ruled that Michaels can only collect for the past three years, not the full 18, which amounts to roughly $11,000. In addition, Michaels will have to prove her expenses at a later hearing to be awarded any back child support.

Benton said Dail owes nothing because he had no income while in prison.

Dail said he believes the case law is clear on the issue and that he has confidence that the court system will handle the case correctly.

Dail has no relationship with his son’s mother, but said he hopes one day to at least be friends with her.

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