Elkhart reaches $11.7 million settlement over wrongful conviction of man with mental disability
Andrew Royer, who spent 16 years in prison after falsely confessing to the killing of an elderly woman, has reached an $11.7 million partial settlement with the city of Elkhart over his wrongful conviction, his attorneys announced Friday.
The amount is the largest known settlement reached for a wrongful conviction case in Indiana. It's also the latest instance in which the city of Elkhart agreed to pay a large amount to settle allegations of troubling police misconduct. So far, the city has agreed to pay $26.6 million to settle several cases involving wrongful conviction, said Elliot Slosar, a partner at Loevy & Loevy, a Chicago civil rights law firm that represents Royer and other former Elkhart defendants who have been exonerated.
"Andy Royer deserved the world for the serious injustice that he suffered," Slosar said in a statement. "While Andy can never get those 16 years back, with this record-breaking settlement, the City of Elkhart readily acknowledges its part in framing Andy for a crime he did not commit."
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"It is no coincidence that Andy received the largest wrongful conviction settlement in Indiana history," Slosar added. "Andy was among the most vulnerable in our society when he was coerced into a false confession and framed for a crime he did not commit."
Royer said the settlement money will "change my life."
"I am now financially set for the rest of my life," said Royer, who's 44 and lives in Goshen. "I hope to help my family as much as I can."
In a statement Friday, Elkhart Mayor Rod Roberson's office said the settlement renews his administration and the Elkhart Police Department's commitment to pursue accountability to keep such wrongful convictions from happening again.
"The Roberson administration and the police department have been committed to positive relationship-building with the Elkhart community," according to the statement.
Royer was convicted after confessing to the 2002 murder of Helen Sailor, who was found in her high-rise apartment in downtown Elkhart. His attorneys said an Elkhart detective forced the confession out of Royer after several hours of mostly unrecorded interrogation that exploited his mental disability. Royer who, according to his mother had the mental aptitude of a 12-year-old, confessed to killing Sailor after the interrogation that stretched over two days.
His co-defendant, Lana Canen, was convicted based partly on the testimony of a former Elkhart County Sheriff's Department deputy who said fingerprints found in the victim's apartment belonged to Canen. Canen was released in 2012 after an investigation found the prints did not belong to her.
Royer was released in 2020 after Kosciusko County Judge Joe Sutton, who was appointed as special judge, granted Royer's request for a new trial, finding that his confession was "unreliable" and "involuntary." The judge also found that investigators withheld exculpatory evidence, fabricated evidence and forced a witness to give false testimony.
Prosecutors sought to reverse Sutton's decision, but the Indiana Court of Appeals found that Royer's rights were violated. The appeals court also found that the detective, Carlton Conway, committed perjury when he testified during the trial that Royer knew details that only the killer would've known.
"When law enforcement officers lie under oath, they ignore their publicly funded training, betray their oath of office, and signal to the public at large that perjury is something not to be taken seriously," Indiana Court of Appeals Judge Melissa May wrote. "This type of misconduct diminishes the public trust in law enforcement and is beneath the standard of conduct to be expected of any law enforcement officer."
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In 2021, prosecutors decided not to try Royer again, and the case was dismissed. Then-Elkhart Police Chief Kris Seymore pushed for Conway's termination, saying his conduct "undermines the very foundation of the criminal justice system."
"Your conduct amounts to an assault upon the institution of justice which you swore to uphold and constitutes a violation of your oath of office. No measure of discipline for your conduct can restore your credibility within the criminal justice system," Seymore wrote in a letter to Conway.
Conway resigned shortly after.
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A lawsuit filed in 2022 also alleges that Elkhart County Prosecutor Vicki Becker was present for parts of the interrogation and encouraged the coercive questioning despite knowing Royer had a disability.
Jeannie Pennington, Royer's mother, said her son's wrongful conviction is not a reflection on law enforcement as a whole.
"We know there are good people and there are bad people," said Pennington, whose husband is the chaplain at the Goshen Police Department and the Elkhart County Sheriff's Office. "One thing we try to do is instill in Andy that even though this happened, it's not everybody."
The settlement resolves allegations against the city and the police department. Royer's lawsuit against county officials, including Becker, is still pending.
Last year, Elkhart agreed to pay Keith Cooper $7.5 million over his wrongful conviction for an armed robbery that sent him to prison for more than eight years. Cooper's co-defendant, Christopher Parish, received a $5 million settlement in 2014. Mack Sims, whose attempted murder conviction was based on the testimony of an eyewitness who had been hypnotized, has reached a partial settlement of $2.5 million.
The South Bend Tribune contributed to this story. Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.
This article originally appeared on Indianapolis Star: Elkhart, Andrew Royer reach settlement over wrongful murder conviction
