Lake County man poised to receive largest-ever state payment for wrongful imprisonment

An ailing Lake County man is set to receive the largest known compensation payment ever made to someone cleared of a crime after being incarcerated in California’s state prison system - if he lives long enough to collect.

Luther Jones, 71, slipped into a coma Thursday, the third one since he was released from prison in February, according to his son, Ko’Fawn Jones. Luther Jones has diabetes, kidney and liver failure and Hepatitis C, his son said. The comas were triggered by high ammonia levels in his blood, a side effect of liver failure, Ko’Fawn Jones said.

It dampens the good news delivered to the family this week from state Victim Compensation and Government Claims Board officials.

Luther Jones is scheduled to have his request for $936,880 in compensation approved by the board on May 19, said Wayne Strumpfer, chief counsel for the compensation board.

“It will be our largest award ever given” to a wrongfully convicted person if, as expected, it is also approved by the state Legislature and governor, Strumpfer said.

The second-largest payment, $756,900, was granted in 2006, he said.

A Lake County judge on Tuesday formally declared Jones innocent of the child molestation conviction that kept him in prison for 18 years.

Jones was released from prison after his alleged victim recanted her testimony. The woman, who at the age of 10 had accused him of molesting her, said her mother was in a child custody battle with Jones at the time and told her to lie.

Strumpfer said he expects the Legislature to approve the compensation board’s request. From there, it goes to the governor for a signature. He expects a check will be issued by late summer or early fall. He said it’s unlikely to face any roadblocks.

“It’s a pretty clear case of the wrong man being convicted,” he said.

But, even on the fast track, payment could come too late for Jones. If he dies, compensation for his prison time dies with him, his attorney, Angela Carter, has said. The system is unfair, she said. His family has suffered his absence for 20 years - including the two years he was jailed before his trial - and deserves compensation, Carter has said.

In an interview earlier this month, Jones said he would spend the money on a house big enough for his family to visit, full-time home health care and on compensating his son for putting his life on hold to care for him.

Ko’Fawn Jones and other family members said they want the best medical care so their father can be as comfortable as possible for as long as he lives.

Until the year 2000, compensation amounts were variable and the maximum payout was $10,000, Strumpfer said. That year, compensation was set at a flat $100 a day for each day of wrongful imprisonment. Last year, it was increased to $140 a day, he said.

The money, paid in a lump sum that is non-taxable, comes from the state’s general fund, Strumpfer said.

Given his father’s condition and the remaining steps required for the payment to become a reality, Ko’Fawn Jones said he’s not ready to celebrate.

“Until my father’s able to enjoy it, I have no reaction,” he said.