Wrongly convicted woman awaits compensation

By The Associated Press

Monday, March 2, 2009 11:01 PM EST

SYRACUSE - Testimony began Monday in a trial to determine how much compensation New York state owes a woman who spent nearly two years in prison because police fabricated evidence she helped cover up the killings of a upstate family 20 years ago.
A judge ruled last year that 73-year-old Shirley Kinge was the victim of malicious prosecution and negligent supervision of the state police investigator who planted phony fingerprint evidence linking her to the Harris family slayings in 1989.

State Court of Claims Judge Nicholas Midey Jr. is now presiding over the damages phase of the trial.

He listened to three character witnesses Monday. Kinge is scheduled as the only witness Tuesday. Kinge's original 1993 lawsuit sought $500 million from the state for negligence, malicious prosecution and unjust conviction.

Parts of the suit were dismissed because the time limit to file the claims had run out, but the negligence and malicious prosecution claims were allowed to go forward.

The case began when Warren and Dolores Harris and their two children Shelby, 15, and Marc, 11, were found bound, shot to death and burned in their Dryden home, 40 miles south of Syracuse, just three days before Christmas 1989.

The prime suspect was Kinge's son, Michael, who was shot to death by troopers in February 1990.

Shirley Kinge, now living in Atlanta, was later convicted of burglary, arson and hindering prosecution. Authorities contended she helped her son cover up the slayings.

Kinge spent nearly two years in prison before her conviction was overturned in 1992 based on the revelation state police planted her fingerprint on a gasoline can found at the crime scene.

Although she was freed, Kinge pleaded guilty to forging the Harris' signatures on stolen credit cards. Kinge denied any knowledge of the murders and said she used the cards out of “stupidity” because it was Christmas.

In his February 2008 decision, Midey found that state police Investigator David Harding planted the fingerprint evidence, an act Senior Investigator David McElligott made possible by his poor supervision of Harding.

Harding spent four years in prison for fabricating evidence in Kinge's case and three others.

McElligott was forced to retire because of the scandal. Four other state police officers were also convicted of fabricating evidence.

Midey heard about two hours of testimony Monday from two past employers and a co-worker, who described Kinge as a trustworthy and personable.

After testimony concludes, the lawyers will submit written arguments to Midey, who is expected to take several weeks to rule.

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