Lake County man declared 'factually innocent' 18 years after child molestation conviction

A Lake County judge on Tuesday ruled that a 71-year-old man was wrongfully convicted 18 years ago of child molestation, declaring the man “factually innocent” of the crime, a formality that improves his bid to seek almost $1 million in compensation from the state for the time he spent in prison.

The action came after the woman who accused Luther Jones of molesting her when she was 10 years old came forward in February and recanted her allegation. Jones was released from a Central Valley prison hospital shortly after, but Tuesday’s ruling was a critical step to clearing his name in the crime.

“The court finds that new evidence points unerringly to innocence,” states the writ, composed by Angela Carter, the attorney representing Jones, and signed by Judge Andrew Blum.

Blum said he thought he had already made it clear he believed Jones was innocent when he ordered his release, but state officials responsible for financially compensating wrongly accused prisoners indicated the release alone was inadequate. The maximum rate of compensation is $140 per day.

Jones and his family hope the ruling will accelerate their request for compensation for the 18 years he spent behind bars for the crime. The term appears to exclude two years in jail prior to his conviction.

Carter sought the finding of factual innocence largely because Jones is very ill. He suffers from kidney and liver failure, diabetes and hepatitis C, according to his son, Ko’Fawn Jones, who lives with his father near Kelseyville. He has been hospitalized five times since his release in mid-February, his son said.

If Luther Jones dies before he’s compensated, his family will get nothing for the years they were without him, Carter said.

“It is really unfair,” she said of the compensation rules following the court ruling.

Kyle Hedum, the senior attorney for the state Victim Compensation and Government Claims Board who has been working on the case, told Carter previously in an email that a finding of factual innocence would, speed the compensation process. Hedum could not be reached by phone or email for comment on the court ruling Tuesday.

Carter said board representatives indicated they would expedite the compensation request, placing it on the agenda at their next meeting in May. If they recommend approval, the matter then goes to the state Legislature for allocation of the funds.

In addition to proclaiming Jones’ innocence, Tuesday’s court ruling wipes the child molestation conviction from Jones’ criminal record, which also included prior charges related to thefts, drugs and domestic violence, according to the prosecutor’s office.