Justice at Last: Town to Pay Millions After Overturned Murder Convictions Expose Decades-Old Police Misconduct

New Milford, Conn. — After decades of legal battles and a hefty settlement, the town of New Milford finds itself grappling with the financial implications of a wrongful conviction case dating back to 1985. Shawn Henning and Ralph Birch were wrongfully convicted in the brutal murder of Everett Carr and have since fought to clear their names, resulting in a monumental financial and reputational cost to the town.

In separate trials, Henning and Birch were found guilty, but suspicions regarding the handling of their case, particularly around the collection and presentation of forensic evidence, emerged soon after. It has come to light that key forensic evidence presented by state scientist Henry Lee was erroneous. Lee falsely testified that a towel found at the crime scene tested positive for blood, a claim disproven years later.

This oversight, alongside accusations that a Connecticut State Police detective manipulated witness testimony, ultimately led to the conviction being overturned by the state’s Supreme Court in 2019. Subsequent investigations further damaged the credibility of the forensic procedures used at the time.

The town of New Milford and the state collectively found themselves compensating Birch and Henning a substantial amount for their wrongful imprisonment. Henning settled with the town last year for $2.5 million, whereas Birch decided to take his case to court, resulting in a federal judge acknowledging the fabrication of evidence by Lee in 2023.

New Milford officials, including town attorney D. Randall DiBella, are now faced with the challenge of financing the settlements, which might necessitate dipping into the town’s surplus cash accounts, according to statements made on Monday. This approach, however, raises concerns about the potential impact on taxpayers, highlighting the broader implications of historical police misconduct.

Mayor Pete Bass indicated that the town wouldn’t be seeking to overturn the verdict and was instead focusing on financial strategies to manage the payout while minimizing taxpayer burden. “We are looking at all of our options, in discussion with the finance director, to figure out the best way that is least impactful to taxpayers,” said Bass, acknowledging the lack of proper insurance in the 1980s which has exacerbated the town’s current financial woes.

As New Milford draws on its reserves and reevaluates its financial strategies, Mayor Bass reassures residents that law enforcement training and oversight have significantly advanced since the 1980s. According to Bass, the improvements in police conduct and the existence of robust insurance policies make repeat scenarios unlikely.

DiBella has warned that the final cost may escalate further due to accruing interest, suggesting that the $5.7 million settlement might only be the starting point of the financial implications for New Milford.

In the broader context, the situation serves as a significant vindication for Henning and Birch and a stern reminder of the potential human and economic costs of judicial errors. As the town navigates these hardships, local officials and residents alike hope for closure and improved systems to prevent such miscarriages of justice in the future.

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