A key legislative committee approved a $25.2-million settlement with two men suing the state after spending roughly 30 years in jail before their convictions were overturned.
The votes mean the settlements with Ralph Birch and Shawn Henning could be final, depending on whether the full legislature decides to hold its own vote in the next 30 days.
Birch and Henning were convicted of murdering a New Milford man in his home in 1985.
“The system failed these two men who were 18 and 19,” Rep. Craig Fishbein (R-Wallingford) said.
Fishbein is a ranking member of the legislature’s Judiciary Committee, which unanimously approved the two settlements on Friday. Each man stands to received $12.6 million.
The state Supreme Court threw out their conviction and ordered a new trial in 2020 because of several concerns, including questions about the evidence and the actions of police and the public defender.
Renowned forensic scientist Henry Lee testified that he identified blood on a towel found inside the New Milford home of a man who was stabbed and killed.
Decades later, it was revealed the towel was never tested at the state forensics lab Lee ran at the time.
Lawyers for Birch and Henning did not comment Friday, but lawmakers note a lot of other problems in the case.
“There certainly was police misconduct, in my opinion, there was also the public defenders office not going after exculpatory evidence,” Fishbein said.
The case raised questions about Lee’s tactics and the other cases he was involved in. But some members of the judiciary came to Lee’s defense today, saying forensics science has evolved and the state lab has improved.
“I do consider him a friend, he’s a world renowned forensic scientist,” Sen. John Kissel (R-Enfield) said.
Meanwhile, lawmakers say they’ll review the case to see if they need to make other changes, including more reforms on sentencing guidelines after someone’s convicted.
“We need to be very careful when we put away a 18- or 19-year-old child,” Rep. Steven Stafstrom (D-Bridgeport), committee co-chair, said.
The full legislature has 30 days to take its own action on the two settlements. If lawmakers did not vote, the settlements automatically go into effect.
