$250,000 Verdict for Man Wrongfully Convicted of Killing His Wife in 1969 Nebraska Case

In April 1969, Thomas F. Davis entered the Nebraska State Penitentiary after a Hall County jury convicted him of killing his wife. Her death had followed a single-car accident outside Grand Island, Nebraska, but prosecutors pursued a murder charge. Davis was incarcerated from April 1, 1969 until April 27, 1970.

The Nebraska Supreme Court reversed the conviction on April 24, 1970, finding that the trial had been infected by the improper admission of evidence, the withholding of forensic evidence, and prosecutorial misconduct. Davis was retried in February 1971 and found not guilty. By the time he walked free, the damage was severe: he had been stabbed in prison, had witnessed multiple killings, lost his business, and lost custody of his seven children.

Decades later, the Nebraska Legislature enacted the Nebraska Claims for Wrongful Conviction and Imprisonment Act, which created a path for exonerees to seek compensation from the state. To prevail, a claimant must prove by clear and convincing evidence that he was convicted of a felony, served part of that sentence, had his conviction vacated or was subsequently acquitted at retrial, and was in fact innocent.

In 2009, Davis filed a claim under that statute. Berry Law founder John S. Berry Sr., joined by co-counsel Perry Pirsch and Matt Aerni, took on the case. The litigation extended for more than three years as the team worked to establish Davis's innocence in his wife's death and document the state's role in the wrongful prosecution.

In 2014, the Hall County District Court entered a verdict of $250,000 plus costs in Davis's favor. The award acknowledged both the year Davis spent in the penitentiary and the lasting losses that flowed from the conviction. The verdict came roughly 45 years after Davis first entered prison for a crime the courts ultimately concluded he did not commit.