David Bintz, who was wrongly incarcerated, stands outside Mountains of Hope, the nonprofit where he finally found temporary housing after trying local shelters. | Photo courtesy Jarrett Adams Law

David and Robert Bintz’s release last fall drew attention to a Wisconsin law about compensation for people wrongly convicted of crimes. Wisconsin law allows less compensation for wrongly convicted people than many other states, unless the state passes a bill awarding additional money to a specific wrongly convicted person. 

In decisions released last week, the Wisconsin Claims Board decided the Bintz brothers, now 69 and 70, will each be awarded $25,000 and attorney fees. The board recommended an additional $1 million for each brother to the Wisconsin Legislature. Two of the board’s five members dissented from the majority’s decision on David Bintz’s compensation. 

“We are thankful for the board’s recommendation and pray that [legislators] vote to approve the recommendation in expedited fashion,” Jarrett Adams, an attorney advocating for the brothers, told the Wisconsin Examiner in an email. 

Over two decades after their convictions in a 1987 murder case, the brothers were released from prison. In April, the Examiner reported on challenges the brothers have experienced, as well as gaps in support for people who reenter society after being wrongly convicted of crimes in Wisconsin. The compensation claims that the brothers submitted included mention of medical expenses, housing needs, additional neurological testing and day-to-day needs.

“Increasing the annual cap and adding a robust layer of services would be beneficial to exonerees who are trying to reestablish themselves in their communities,” Rachel Burg, co-director of the Wisconsin Innocence Project, told the Examiner over email in March. 

The board’s decisions state that both brothers sought the maximum compensation under the statute — $25,000 — and attorney fees, as well as recommendations that the Legislature award $2 million for each brother. 

Under Wisconsin’s law, the board decides whether the evidence of the petitioner’s innocence of the crime for which they were imprisoned is “clear and convincing.” If they find the petitioner was innocent and that they did not contribute to bring about their conviction and imprisonment by action or inaction, the board decides how much money the petitioner should receive. 

A three-member majority of the board found David met the requirement about not contributing to his conviction and imprisonment. 

“Nonwithstanding any contradictory statements, David maintained his innocence and was willing to go to trial to defend his innocence,” the decision states. 

The Examiner has reported on how in his request for compensation, David Bintz argued that he was interrogated for several hours and coerced into a confession, and on Brown County District Attorney David Lasee’s disagreement with that argument. Bintz’s request also said he was intellectually disabled.

Over a quarter of 375 DNA exonerations between 1989 and 2020 were cases that involved false confessions, according to the Innocence Project. 

State Sen. Eric Wimberger (R-Oconto) and state Rep. Alex Dallman (R-Markesan) disagreed with the other three board members regarding David Bintz. Both legislators are part of the finance committees in the Assembly and the Senate, respectively, and on the Legislature’s Joint Finance Committee. 

According to Fox 11 News, Wimberger said that “it had everything to do with the fact that David Bintz’s conviction was really his own fault and not anything the state did wrong” in reference to a conversation David had with a cellmate. David Bintz’s cellmate Gary Swendby said David talked about committing the crime in his sleep and also admitted his involvement while he was serving time for a different crime. 

“I think on the Robert Bintz side of things, there’s a lot of sympathy and perhaps there should’ve been a better investigation done,” Wimberger said.

A research project took up the question of how much money states pay exonerees per each year lost, specifically for exonerees who were paid. For Wisconsin, they found an average of $4,947 per year lost. The research was by the National Registry of Exonerations and Professor Jeffrey Gutman of the George Washington University Law School.  

Gutman analyzed wrongful convictions compensation in Wisconsin in the 2022 publication “Compensation Under the Microscope: Wisconsin,” which was updated in July 2023. 

Gutman wrote about Wisconsin exonerees wrongly convicted in state courts and  recorded by the National Registry of Exonerations, going back to 1989. Of the exonerees awarded compensation, he wrote that only one appeared to have been provided additional compensation from the Legislature following a claims board recommendation. 

In 2014, then-Gov. Scott Walker awarded an additional $90,000 to Robert Lee Stinson, after the claims board had awarded $25,000. Stinson had requested reimbursement for 23 years in prison at the rate of $5,000 per year.