Westerville woman sues Ohio for wrongful imprisonment after 18 years behind bars

Laura A. Bischoff, The Columbus Dispatch
·1 min read
A Franklin County judge threw out Kim Hoover's 2003 conviction after new evidence was presented by the Ohio Public Defender's Wrongful Conviction Project. Hoover has filed a wrongful imprisonment lawsuit against the state.
A Franklin County judge threw out Kim Hoover's 2003 conviction after new evidence was presented by the Ohio Public Defender's Wrongful Conviction Project. Hoover has filed a wrongful imprisonment lawsuit against the state.

After a judge threw out her murder conviction, Kim Hoover on Wednesday filed a lawsuit against the state of Ohio for wrongful imprisonment.

Hoover spent 18 years behind bars for the death of Samaisha Benson, a nine-month-old whom she babysat.

The case against Hoover relied heavily on testimony of medical experts, and the pathologist who conducted the autopsy eventually recanted his testimony. Franklin County Common Pleas Court Judge Carl Aveni vacated Hoover's conviction and prosecutors dismissed all charges.

More: Shaken baby syndrome: Was Columbus woman in prison for 18 years because of bad science?

Hoover is seeking a wrongful imprisonment declaration in Franklin County Common Pleas Court. If successful, that will allow her to file for compensation in the Ohio Court of Claims.

State law allows wrongfully convicted individuals to collect a little less than $57,000 for each year they were imprisoned, plus money for lost wages and attorney fees.

Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Kim Hoover served time in shaken baby death. Now she's suing Ohio