Hawaiʻi’s Wrongful Conviction Compensation and the Tragic Case of Alvin Jardine
Alvin Jardine, a 56-year-old resident of Maui, spent over 20 years in prison for a crime he did not commit, battling poverty and trauma after his release. Despite being eligible for compensation under Hawaiʻi’s wrongful conviction law, Jardine passed away before receiving any funds. Legislators are now moving to approve a $600,000 payment in his case, but it arrives too late to aid him.
Jardine, found deceased near North Honokala Road in Haʻikū on December 27, had envisioned using the money to start anew in Hilo. His wrongful incarceration had been a catalyst for Hawaiʻi’s 2016 wrongful conviction compensation law. State Senator Karl Rhoads, a sponsor of the original bill, expressed sorrow over the situation, stating, “It’s a horrible human tragedy, and the state, the criminal justice system, is responsible.”
The Attorney General’s Office, through spokeswoman Toni Schwartz, offered no comment on the delay in resolving Jardine’s case, citing the variability in settlement times due to case complexity and legal proceedings. As of last year, Hawaiʻi had not compensated any of the five individuals seeking restitution, making it the only state among 38 with similar laws that had not paid a claimant.
Challenges in Proving Innocence
The wording of Hawaiʻi’s compensation law requires petitioners to prove “actual innocence,” a standard defense attorneys have deemed unattainable. However, a 2024 Hawaiʻi Supreme Court ruling in Jardine’s case broadened the interpretation, allowing compensation requests to proceed if convictions are reversed with evidence supporting the petitioner’s non-involvement in the crime.
This legislative session, lawmakers are anticipated to approve payments in two cases: Jardine’s $600,000 and a $420,000 settlement for Roynes Dural, another wrongfully convicted individual. Despite Jardine’s passing, the payment will go to his daughter, Ashley Jardine. Rhoads expressed disappointment that the law has not effectively aided wrongfully convicted individuals in reintegrating into society.
The Struggles of Alvin Jardine
Jardine’s conviction stemmed from a 1990 incident, leading to a 35-year sentence after two hung jury trials. Maintaining his innocence throughout, he rejected offers for early release contingent on admission of guilt, preserving his integrity according to his sister, Naomi Aloy. The 2005-founded Hawaiʻi Innocence Project played a crucial role in securing Jardine’s release by retesting DNA evidence, which excluded him as the perpetrator.
Following his release, Jardine faced numerous challenges, struggling with employment due to outdated skills and lacking support to transition back into society. His sister recounted his difficulties adjusting to life outside prison, noting his conditioned behaviors and financial instability. His health declined due to substance abuse, and he faced legal troubles for theft, exacerbating his hardships.
Impact of Delayed Compensation
Jardine had agreed to a $600,000 settlement with the state shortly before his disappearance, planning to relocate and live near family. Although the settlement was less than the $1 million he was eligible for, Jardine hoped it would offer a fresh start. His former attorney, William Harrison, emphasized the transformative potential of such funds, asserting that timely compensation could have improved Jardine’s life significantly.
Senator Rhoads has been advocating for legislative changes to provide immediate support for wrongfully convicted individuals upon release, including monthly payments and assistance with essential services. However, his proposals have faced opposition and procedural challenges. The AG’s Office has expressed concerns about constitutional conflicts and the lack of mechanisms to recover payments if claimants are later deemed ineligible.
Roynes Dural, also set to receive compensation, knew Jardine from their time in correctional facilities and observed his struggles with reintegration. Dural, now pursuing a social work degree, highlighted the potential impact of timely state support on Jardine’s well-being, emphasizing the state’s responsibility in his tragic outcome.
For more detailed coverage on similar cases, visit Honolulu Civil Beat.
