The Board of Clark County Commissioners voted unanimously Wednesday to not pay a $9 million judgment awarded to Clyde Ray Spencer this month in U.S. District Court.
An attorney for Spencer, however, believes the county will have no choice.
“We’ll resolve that with the court,” said Kathleen Zellner of Chicago.
On Feb. 4, a jury determined that Sharon Krause, a detective from the Clark County Sheriff’s Office, fabricated the evidence that wrongly put Spencer in prison for 20 years after he was convicted of sexually abusing his children. Krause’s supervisor, Sgt. Mike Davidson, was found liable, as well.
Krause and Davidson are both retired, but the county paid for their legal counsel.
On Wednesday, Commissioners Tom Mielke, David Madore and Steve Stuart voted not to indemnify Krause and Davidson, meaning they will no longer protect them by paying the settlement.
Chris Horne, the county’s chief civil deputy prosecutor, said since Krause was found to have fabricated evidence, she was outside the scope of her duties as a county employee.