HARTFORD — A Danbury man who was wrongly imprisoned on sex crime convictions stemming from a 2001 incident at Booth Library in Newtown has received a $170,000 award from the state to compensate him.

In a December 21 legal decision on the wrongful incarceration of Michael Seri, age 57, State Claims Commissioner J. Paul Vance, Jr, wrote that Mr Seri was imprisoned for six months in 2002 after being wrongly convicted of one count of public indecency and one count impairing the morals of a child, stemming from a March 13, 2001, incident at the library in which a man exposed himself to a 15-year-old girl.

The Seri sentence included five years of imprisonment suspended after six months, one year of monitored home confinement following his jail term, registration as a sex offender, no contact with minor children, and no attendance at libraries or bookstores.

At the time of the incident, Mr Seri was a resident of Newtown.

The claims commissioner is the state official who adjudicates claims of wrongful incarceration and then awards money damages, when applicable.

Based on evidence presented at a recent hearing, Mr Vance found that following his six-month jail sentence in 2002, Mr Seri spent 6½ months under house arrest.

“Mr Seri was convicted despite the questionable evidence and the questionable identification of Mr Seri by the complainant. The accused was described as a Hispanic male without facial hair. Mr Seri wore a goatee and prominent sideburns at the time he was accused and arrested,” Mr Vance found.

Based on fingerprint evidence that was found on a book at the Booth Library, which matched the fingerprint of Angel Laporte, who was a convicted sex offender for public indecency incidents at other area libraries, Mr Seri in January 2003 sought a new trial in his criminal case. Also, Mr Laporte’s appearance fit the description of the perpetrator that was provided to Newtown police by the complainant.

In February 2003, the case against Mr Seri was dismissed on the grounds of innocence, according to Mr Vance.

In his application to the claims commissioner, Mr Seri sought $395,000 in compensation. The State of Connecticut responded that Mr Seri should not receive any money because Mr Seri had settled a past lawsuit, filed in June 2003, against the Town of Newtown for $425,000 in damages, and also because his imprisonment was not the result of negligence or misconduct by any state official.

In a post-hearing brief, the attorney for Mr Seri stated that his client had received net proceeds of approximately $200,000 in the settlement of the lawsuit against Newtown.

The overall state Claims Commission damage award was $370,000, from which the $200,000 amount was subtracted in light of Mr Seri’s proceeds from the past Newtown lawsuit. Consequently, the claims commissioner awarded Mr Seri $170,000 in money damages.

Among the factors considered by Mr Vance in making the award were the loss of liberty and enjoyment of life, the loss of earnings and earnings capacity, the loss of relationships, the loss of reputation, pain and suffering, attorney’s fees, and related expenses.

In the net $170,000 award, Mr Seri received $45,000 for loss of liberty and enjoyment of life; $40,000 for loss of earnings and future earnings capacity; $40,000 for loss of reputation, and $45,000 for physical and mental injuries.

“Mr Seri was wrongfully convicted and labeled a criminal and sex offender. The eventual finding of ‘innocence’ is a testament to his attorneys. Mr Seri, like many of those who have been wrongfully convicted, are forced to endure suffering that is indescribable, and some of the injuries continue even after the accused is found to be innocent. It was particularly notable that his sister testified that Mr Seri had many struggles in his life and that despite this unfortunate chapter in his life, he is a survivor,” Mr Vance wrote.

“Mr Seri described his arrest, his conviction as a sexual predator, and his incarceration in a maximum-security prison facility as ‘intense, frightening and scary,’ and from his testimony, it is this tribunal’s opinion that these words fall short of characterizing his awful experiences,” Mr Vance wrote.

“As the person who is tasked by the State of Connecticut with the assessment of damages for his claim, I offer my sincerest apologies to Mr Seri for the burden that he was forced to endure and wish him the best of luck for the future,” Mr Vance wrote.