Attorney: City negotiating Mayes settlement

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BY SUSAN BROWN
sbrown@nwitimes.com
219.836.3780 | Tuesday, March 11, 2008 | (2 comment(s))

HAMMOND | Five months after the city of Hammond asked a federal appeals court to overturn a $9 million judgment in the wrongful conviction lawsuit won by Larry Mayes, attorneys are expected to file a motion today asking the court not to rule in the case.

The motion, if successful, will clear the path for a negotiated settlement between Mayes and the city for a reported $4.5 million.

"If the court does not rule, there will be a settlement, which must be approved by the Hammond City Council," Mayes' attorney, John Stainthorp, said Monday.

Stainthorp said the only contingency that would prevent the settlement is if the court decides to issue a ruling in the case.

The judgment stems from a 1982 case in which a jury sent Mayes to prison for abducting and raping a Hammond convenience store clerk.

Mayes served 20 years in prison before modern DNA analysis determined the semen recovered from the victim was not his.

Mayes subsequently filed a wrongful conviction lawsuit that resulted in a $9 million jury award in August 2006. Found liable along with the city was now-retired Capt. Michael Solan, who was chief of police at the time of Mayes' conviction.

As of January 2007, the case had cost the city more than $500,000 in legal fees.

At the time, Mayes' victory prompted his attorneys to petition the court for $1.4 million in legal fees, though a lower amount had been negotiated to be paid if the city's appeal fails. Separate legal fees to attorneys representing two officers involved in the case had reached more than $148,000.

Hammond Corporation Counsel Joseph O'Connor could not be reached Monday night for comment.

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Jackie Mayes wrote on Apr 11, 2008 11:46 PM:

" The Larry Mayes settlement is an insult to justice! How can anyone be above and beyond the law to the degree that they do not have to abide by the courts' order? Who do these people think they are? What sort of system would we have if we allow people to ignore court orders? The entire system would be meaningless. It a travesty to justice for justice to be ignored in this manner. Mr. Mayes did 20 years out of his life and and no one is beyond the law not even the system that they have over in Hammond Indiana. "

Hammond Should Pay! wrote on Mar 11, 2008 9:49 AM:

" If I were Mr. Mayes I would tell them to cough up every dime the court awarded me. The man lost 20 years of his life and Hammond owes this man, BIG TIME! "

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