His murder conviction was overturned. But the state is fighting his claim for compensation

Four years after a judge overturned his 1981 murder conviction, ruling that investigators had withheld evidence that may have helped him prove his innocence, Weichel, 69, has filed a lawsuit that seeks as much as $1 million in compensation. But the state is contesting Weichel’s claim, arguing that even if Weichel didn’t kill Robert LaMonica, he knew the man who did and “helped him escape justice,” a crime that bars him from collecting compensation.
 

In a motion opposing the dismissal of Weichel’s lawsuit, his attorneys wrote that the state’s tactics “demean the justice system.”
 

“For 40 years, the Commonwealth claimed somebody saw Fred fleeing from the scene of the murder and he was the murderer,” said Mark Loevy-Reyes, a lawyer who represents Weichel. “Now, when it realized the evidence just cannot support that fallacy, it wants to create a fictional account to deny Fred compensation.”
 

Attorney General Maura Healey declined to comment on Weichel’s case, but said her office’s goal is “to get it right,” either by settling a lawsuit or letting a judge or jury decide.
 

“Wrongful conviction cases often involve decades-old criminal convictions and tragic underlying circumstances, and are hard on everyone involved, particularly on families and victims who have already been through a lot,” she said in a statement. “We always seek to resolve these cases in a manner that is fair, efficient, respectful, and consistent with the applicable law, which requires that the plaintiff prove he or she is actually innocent of both the charged crime and any other related offenses.”
 

Suffolk Superior Judge Anthony M. Campo has not ruled on the state’s motion to dismiss. The case is currently slated for trial in November.