SC Man Who Was on Death Row for Decades Filed Federal Wrongful Conviction Lawsuit Against Prosecutors

A man who spent decades on death row in South Carolina for a murder he did not commit has filed a federal wrongful conviction lawsuit against the prosecutors in the 1982 case that landed him in jail.

Edward Lee Elmore was originally sentenced to death in the murder case of 75-year-old widow Dorothy Edwards, for whom he had done odd jobs.

The body of Dorothy Edwards was found in a closet in her home, with multiple stab wounds, broken bones, and head trauma.

Elmore filed the federal wrongful conviction lawsuit against the case’s prosecutors, saying that they planted evidence and conspired to convict him. He also said that police and prosecutors ignored evidence that pointed to another person as the murderer.

After decades of struggle, Elmore finally had the verdict overturned and was released from death row. In 2010, the original verdict was overturned three times. He entered an Alford plea – that a person who is mentally handicapped, according to a 2002 ruling by the Supreme Court, cannot be sentenced to death – and in 2012, he finally left prison completely, when prosecutors agreed that his punishment was complete at the 11,000 days he had spent in prison.

Some of the prosecutors in the original case have died, so Elmore’s federal wrongful conviction lawsuit is against their estates. In his 44-page complaint, Elmore claims that the state conspired against him, withholding evidence that could have helped him, including requested exhumation and DNA testing of blond hairs found on the victim’s body that were mislabeled.

“Edward Lee Elmore’s 30-year ordeal could and should have been avoided,” his attorneys wrote.

His attorneys argue that his long imprisonment on death row has led to physical and mental anguish, and they are seeking damages that represent his suffering for his wrongful conviction.

Court papers do not list any attorneys for the prosecutors and officers named in Elmore’s lawsuit.

Wrongful Conviction Laws in South Carolina

South Carolina law defines wrongful conviction and allows for a plaintiff to file to have their conviction overturned. Per Article 22 of Chapter 13, Title 24, which was amended in 2012: “A person may only file a claim for wrongful conviction if the person’s conviction was overturned by a court of competent jurisdiction and the matter has reached final judgment or the person has been pardoned … A person wrongly convicted must be awarded an amount equal to fifteen thousand dollars for each year, or a pro rata amount for the portion of each year, of the incarceration actually served. However, the award shall not exceed fifty thousand dollars. All awards shall be made from the Wrongful Conviction Compensation Fund.”

However, the article also states:

“A person is not entitled to an award pursuant to this article if the person:

(1)    was convicted of any of the acts charged in conjunction with the offense for which he was wrongfully convicted;

(2)    served the term of incarceration concurrently with a sentence imposed for any other conviction;

(3)    served a term of incarceration less than ninety days;

(3)    is serving a term of imprisonment for the conviction of another crime; or

(4)    the person pled guilty or nolo contendere to the offense for which he is seeking compensation.”

The Strom Law Firm Helps Those Who Face Wrongful Conviction

Whether you have been wrongfully convicted and seek expungment or pardon, or you face wrongful conviction in a state or federal criminal case, the attorneys at the Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case, so contact us today. 803.252.4800.