Delaware

Why Delaware is one of the few states that doesn’t compensate wrongfully incarcerated

Published

2 years ago

May 12, 2024

Why Delaware is one of the few states that doesn’t compensate wrongfully incarcerated

When Elmer Daniels left Delaware prison 39 years after a court ruled in 2018 that he was wrongfully convicted, he was turned out into the world in the middle of winter with little more than the shirt on his back, according to his attorney.

That’s because Delaware is one of about a dozen states that has no mechanism to compensate individuals who wrongfully spent portions of their lives locked behind bars. These are people who spent years, or in some cases, decades making no real money in prison as the world and their connections on the outside have moved on without them.

Once again this year, some Delaware lawmakers want to create a compensation program to acknowledge the unfairness of being wrongfully locked up. Senate Bill 169 is the latest effort to do that.

The bill has passed a Senate committee. It’s main sponsor, Kyra Hoffner, a Smyrna Democrat, said she is revising the bill and hopes it will be up for a vote in the Senate in the coming weeks.

How would it work?

The proposed program has been revised multiple times, but Hoffner explained how the program would work.

The bill would set up a compensation fund for individuals whose convictions were overturned and either dismissed, dropped or retried resulting in an acquittal. These situations most commonly occur when people locked up work for years to present to the court flaws in their original conviction and in some cases, new evidence pointing to their innocence.

In some cases, like the situation faced by Mark Purnell in recent years, the courts can overturn someone’s conviction, and prosecutors, who often have the choice of whether to retry or drop the case, will dangle freedom in front of the individual if they plea to a lesser crime.

So people who also plead no-contest after their conviction is overturned and remanded for further proceedings are also eligible to apply for compensation. Purnell’s case was ultimately dropped by prosecutors. He spent 16 years wrongfully locked up.

Released: Mark Purnell, who spent 16 years in prison due to unjust trial, suddenly released

The legislation includes protections to disqualify people convicted of other crimes tied to the overturned conviction or people who purposefully take the blame for someone else in a criminal case. People who have a conviction the court has not deemed illegitimate and who are simply pardoned would not be eligible, Hoffner said.

Those who qualify would be allowed to file a court petition seeking compensation. It would be up to them to make a showing to the court of their innocence, Hoffner said. This showing would be judged by what’s called a “preponderance of the evidence,” a lower standard than the ”beyond-reasonable-doubt” standard used to convict people, she said.

Prosecutors in the Delaware Department of Justice would have the opportunity to refute and present evidence in opposition to the person’s claim.

James Moreno is the executive director of the Delaware Innocence Project, a nonprofit that investigates and pursues claims of wrongful incarceration. He emphasized that it’s only fair for the state to help people when they’ve taken away their time and freedom unfairly.

“Nobody is saying let’s hand out a pot of money; there is a standard that must be met and it is about fairness,” Moreno said.

How much money are we talking about?

Individuals who clear the court hurdle will be eligible to receive compensation based on their years spent wrongfully behind bars and a few other factors.

Those who served time on death row are eligible for $100,000 for each year wrongfully locked up. Those who served time off death row, which is most people who would qualify, would be eligible for $75,000 per year.

Those wrongfully put on probation or those paroled after a wrongful conviction or people wrongfully made to register as sex offenders would be eligible for $50,000 for each year in the system, Hoffner said.

The bill also includes provisions to help cover attorneys fees, reimbursement of restitution a person was wrongfully ordered to pay as well as reimbursement for “reintegrative services” like mental and physical health care costs incurred between the person’s release and their grant of compensation, Hoffner said.

The bill includes provisions that would tie the compensation award in the future to changes in inflation as well as timing the disbursement of payments to those who qualify. The fund would be managed by the state treasurer.

How often does this happen?

It is rare for people to have their cases overturned in Delaware. People in prison typically don’t have money so it’s not an incentivized area for private attorneys to work in. That’s the gap that the Delaware Innocence Project, a relatively new organization compared with counterparts in other states, seeks to help fill.

According to the National Registry of Exonerations, four people in Delaware have successfully overturned their convictions in the past 35 years. Those include Daniels, Isaiah McCoy, Mark Purnell and James Dollard.

Hoffner said Daniels, Purnell and Dollard would qualify under the bill’s current format.

‘Left to fend’ for themselves

When a person is imprisoned, they make little to no money, their marketable skills diminish, they fall behind current technology and lose personal connections and family foundations.

Then, when their conviction is overturned, they are released into a world with new technology, high basic prices to survive and, in the eyes of many potential employers, a black mark of having just recently been released from lockup.

Hoffner added that incarceration also exacerbates one’s health problems. She said the money can’t give someone back their time, but will make their life a bit easier.

“Everyone thinks life goes back to normal,” Hoffner said. “But it is a big struggle.”

Emeka Igwe, Daniels’ attorney, emphasized the difficulty of reintegrating into society after being released for so long.

“There was nothing from the state at all,” Igwe said. “He was basically left to fend for himself.”

Daniels released: Flawed testimony led to his conviction 39 years ago. Now, prosecutors say he can go free

The office of Delaware Attorney General Kathy Jennings did not comment on the proposed legislation when asked. Leadership in Delaware’s judiciary declined to comment.

The legislation is not a new push in Delaware. In 2019, a similar bill was introduced, passed through a House committee and died without House Democratic leadership bringing it up for a vote.

Lawsuits often fruitless

Supporters say another common misconception is that civil courts allow wrongfully convicted people to seek damages. Daniels’ case is an example of how that often isn’t the case.

The courts provide broad civil immunity to police and prosecutors carrying out their work administering justice.

Daniels sought compensation via a civil lawsuit. His rape conviction was overturned because some of the basic evidence underpinning his case was based on science that society now regards as unreliable as well as other evidence that undercut his original prosecution. After his case was remanded, prosecutors said they couldn’t label him “innocent,” but dropped the case. He was 57 when he was released from prison.

Earlier this year, a judge dismissed his lawsuit against Wilmington police after he failed to meet the high legal bar that officers knowing or willfully violated his constitutional rights.

“Courts cannot right all wrongs” was the opening line in Judge Stephanos Bibas’s opinion dismissing the lawsuit.

Igwe, Daniels’ attorney, said he is appealing the ruling. He said Daniels has acclimated to life and work outside, but is owed a debt by those that took 39 years from him.

“He was incarcerated in the name of the state,” Igwe said. “He should be compensated by the state.”

Jon Eldan is the founder and executive director of After Innocence, a California-based nonprofit that, among other things, advocates for such compensation programs. He said Daniels’ situation is common to people released after a wrongful conviction: The law in America often provides no route for compensation through civil courts.

“There have been several thousand cases overturned throughout the country,” Eldan said. “The majority of people don’t have a lawsuit.”

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.

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Delaware

50 boys outdoor track and field athletes to watch in Delaware in 2026

Published

4 hours ago

March 27, 2026

Press Room

50 boys outdoor track and field athletes to watch in Delaware in 2026

Since the start of 2025, Delaware boys track and field athletes have set 11 state records between the indoor and outdoor seasons.

After a winter season in which 17 performances reached the top five on the state all-time list, Delaware appears poised for another strong spring.

Our list of track and field athletes to watch (presented alphabetically) features athletes from 24 schools who compete in sprints, distance races, throws and jumps. They are the athletes we expect to be among the state’s leaders at the DIAA Championships at Dover High on May 15-16 although many new names could emerge by then.

After defending its indoor track and field state title, Middletown is in search of its second straight Division I championship. Saint Mark’s enters the season as the Division II winner in three of the past four seasons.

2026 Delaware boys track and field athletes to watch

Elijah Annan, sr., Dover

Jason Baker, sr., Cape Henlopen

Derick Belle, sr., Odessa

Suhayl Benson, jr., Howard

Shaun Bosman, sr., Christiana

Elijah Burke, sr., Saint Mark’s

Khalid Burton, sr., Laurel

Isaiah Charles, jr., Caravel

Chukwuma Chukwuocha, jr., Wilmington Friends

Timothy Claessens, jr., Newark Charter

Rodney Coker, so., Odessa

Jaheim Cole, sr., Dover

Josh Cox, sr., Archmere

Calvin Davis, fr., A.I. du Pont

James Dempsey, jr., Salesianum

Will DiPaolo, sr., Cape Henlopen

Logan Elmore, jr., Middletown

Dahani Everett, sr., Caesar Rodney

Jayden Feaster, sr., Middletown

Gabe Harris, sr., Caesar Rodney

Phoenix Henriquez, sr., Smyrna

Christian Jenerette, sr., Odessa

Brandon Jervey, jr., Middletown

Mekhi Jimperson, sr., Caesar Rodney

Benjamin Johnson, jr., Dickinson

Michka Johnson, sr., Hodgson

Trey Johnson, sr., Cape Henlopen

Amir Jones-Branch, sr., Middletown

Alec Jurgaitis, sr., Saint Mark’s

Gavin Leffler, sr., Tatnall

Elijah MacFarlane, sr., Caesar Rodney

Max Martire, sr., Tatnall

Dylan McCarthy, sr., Tatnall

Chase Mellen, so., Salesianum

Zamir Miller, sr., Middletown

Ryan Moody, sr., Sussex Academy

Wayne Roberts, jr., Appoquinimink

Elijah Tackett, sr., Dover

Kai Thornton, sr., Sussex Central

Marc Patterson, sr., Dover

Charles Prosser, so., Salesianum

Riley Robinson, fr., Middletown

Roan Samuels, sr., Salesianum

Douglas Simpson, jr., Cape Henlopen

Jessie Standard, jr., Middletown

Riley Stazzone, sr., Cape Henlopen

Jamar Taylor, jr., Salesianum

Jordan Welch, sr., Sussex Tech

Brandon Williams, sr., Charter of Wilmington

Xzavier Yarborough, jr., Dover

Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com.

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Delaware

DNREC’s decision to prohibit data center upheld by state board

Published

16 hours ago

March 26, 2026

Press Room

DNREC’s decision to prohibit data center upheld by state board

A Delaware board upheld the state environmental agency’s decision to prohibit the “Project Washington” data center.
The Delaware Department of Natural Resources and Environmental Control (DNREC) ruled the project violated the 1971 Coastal Zone Act.
The developer, Starwood Digital Ventures, argued the project’s infrastructure did not fall under the act’s regulations.

Project Washington’s prospects in Delaware appear murkier after a board stood on the state environmental agency’s decision to prohibit the data center proposal.

The public hearings with the Coastal Zone Industrial Control Board kicked off in Dover on March 24 at the Delaware Department of Natural Resources and Environmental Control’s Auditorium near Legislative Hall. It finished on March 26 after days of testimony from witnesses supporting and opposing the DNREC decision on the data center, which would be the largest in the state.

Project Washington was prohibited by DNREC in February because the agency said it violated the Coastal Zone Act, which was signed in 1971. Project Washington’s developer, Starwood Digital Ventures, filed an appeal of that decision soon after.

A little more than 30 people attended the meeting on March 24. It was modeled more like a court hearing than a public government meeting. The next two days included testimony from witnesses from both Starwood Digital Ventures’ and DNREC’s attorneys.

The Coastal Zone board consists of nine members, five of which are appointed by the governor and approved by the state Senate. Four other members are the state director of the Division of Small Business and Tourism and the chairs of the planning commissions of each county.

It’s the first time this assembly of the board has been called to action. Board members said they are making decisions on a fact and law basis, and are trying to cut out the noise this project has caused on social media and in other public meetings.

Witnesses and experts explained a ton of technical definitions for generators and got into the nitty-gritty of emissions and infrastructure. It was up to the board to take those facts in stride and make their decision.

“What we have to do is come back to the purpose of the appeal,” said Willie Scott, a member of the board during a break between sessions on March 24.

They voted unanimously to uphold the DNREC decision to prohibit the project based on the Coastal Zone Act.

Courtroom-like arguments for and against the data center

The hearing on March 24 began with opening arguments. Attorneys for Starwood Digital Ventures, Project Washington’s developer, argued that Project Washington’s purpose and infrastructure fall outside of the Coastal Zone Act’s regulations, and that DNREC’s definitions of smokestacks and tank farms are flawed.

“It fails every element of the statutory definition, as interpreted by the Delaware Supreme Court and the Delaware Superior Court,” said Jeff Moyer, an attorney representing Starwood. “Its limited diesel infrastructure is not a tank farm within any reasonable meaning of that term, and each of the core three functions of Project Washington – data storage, electrical infrastructure and backup power – are all expressly not regulated.”

DNREC’s attorneys argued the data center campuses fall under heavy industry in a modern context, and it is the kind of project the act is intended to kill. They also argued it has a potential to pollute when backup generators are working if the power fails.

“The law requires that it be prohibited, not recharacterized, not broken into pieces and minimized, but prohibited,” said Michael Hoffman, attorney representing DNREC. “Over the course of the next few days, we will show that Starwood’s proposed hyperscale data center is one such project.”

Closing arguments on March 26 reiterated arguments from both sides, and the board voted to stand with DNREC.

How Project Washington and DNREC got here

The Coastal Zone Act prevents heavy industrial projects from developing along the Delaware River and Bay, Chesapeake and Delaware Canal, Atlantic Ocean, Indian River Bay and other Sussex County bays. The 14 projects that have been grandfathered include the Delaware City Refinery and the Port of Wilmington.

Project Washington’s proposed site falls within the defined coastal zone, which extends west to Dupont Highway in that specific spot. In February, DNREC said the massive data center is prohibited, stifling the project while it worked through state and county permits.

It would be 11 two-story data center buildings surrounded by electrical fields on two large land parcels north of Delaware City accessible by Hamburg Road, Governor Lea Road and River Road.

DNREC’s beef with the project is in the backup generators and their accompanying diesel tanks. The data center is proposed to run 24 hours a day, seven days a week, 365 days a year. If power goes out, it needs to use the backup generators to keep running. DNREC’s decision says the project includes some 516 double-walled diesel fuel belly tanks, each capable of storing some 5,020 gallons of fuel. That’s about five acres of tank farm.

There would be 516 backup generators with 516 smokestacks, which DNREC said in its original decision is the exact type of infrastructure the Coastal Zone Act targets by prohibiting “heavy industrial” projects.

Starwood Digital Ventures, appealed the decision, mentioning countervailing factors including avoiding wetlands, no direct surface water discharges and projected economic benefits.

Their appeal said the original DNREC decision “solely focuses on alleged environmental risk and worst-case emissions, and does not fairly weigh or explain these countervailing factors in light of regulating criteria.”

Jim Lamb, who is handling media communication for the project, said the backup generators would only run 37 to 45 minutes per month just to test if they are operational. Project Washington will also use a closed-loop cooling system, limiting its water intake.

The appeal required a hearing, which is the first time the board made a decision since 2021.

The developer of the project did not immediately respond to Delaware Online/The News Journal’s request for comment. New Castle County officials did not immediately respond to either.

Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.

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Delaware

GGE of Delaware Jumps on the Rally Sponsor Train!

Published

1 day ago

March 26, 2026

Press Room

GGE of Delaware Jumps on the Rally Sponsor Train!

The Rally Sponsor Train keeps rolling! We are incredibly proud to welcome GGE of Delaware as a Premium Sponsor ($2,500) for the 5th Annual Rally for Our First Responders! This level of support makes a tremendous impact and helps us continue to grow…

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