QUINCY -- Attorneys representing Curtis Lovelace filed a motion for declaration of indigency and waiver of fees associated with appeal last Friday.
If the motion is accepted, and he is declared indigent, Lovelace would be able to appeal last month's bond ruling without having to pay fees.
Lovelace already has petitioned the court to return $350,000 posted on his behalf as bond. Judge Bob Hardwick ruled last month that the Adams County Circuit Clerk should refund $265,342.50 to the Champaign County law firm Beckett & Webber and $44,223.75 to Rich Herr, a friend of Lovelace's who played football with him at the University of Illinois.
Lovelace filed a federal lawsuit for damages earlier this month. The 11-count lawsuit alleges that Lovelace was deprived due process in the case and was the subject of malicious prosecution, as well as deprived of his constitutional rights. The suit says that evidence was fabricated to implicate Lovelace in the Feb. 14, 2006, death of his first wife, Cory, and that exculpatory evidence that his attorneys said helped prove his innocence was initially withheld.
The suit does not list a monetary amount that the Lovelaces are seeking.