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It was almost two years ago that then 18-year-old Derris Lewis was hauled off to jail accused of killing his twin, Dennis. He spent 18 months in jail before the charges were dropped. Now 20 years old, and a student at Ohio State Derris Lewis is one step closer to putting the nightmare behind him.

After months of mediation, Columbus has agreed to settle with Lewis for $950,000.

“We view this settlement as a giant step towards cleansing his reputation. The untrue accusations about him have unfortunately landed him on the first page of Google. Hopefully after this settlement the Google effect can be neutralized and Derris can enter his career someday with the stellar reputation that he deserves,” he said.

Shroyer said if the case had gone to trial a jury would have considered Lewis’ 18-months in jail, his mental anguish and future economic damages because of the bad publicity. Shroyer is convinced a jury would have awarded Lewis a much higher amount than the actual settlement. He said focus groups, during mediation, came up with figures as high as $5 million. But Shroyer said Lewis is ready to put this behind him, and Shroyer thinks the settlement will help his client later in life.

“Where he’s going to have his loss from this damage is going to be in his future years when he the potential damage to the reputation that’s going to affect his earning capacity. And we’ve structured it so that funds are then going to be paid out to him as he would incur the loss over those period of years,” he said.

Before Lewis receives any money, though, Columbus City Council must approve the figure. Another Lewis attorney, Joseph E. Scott, said Columbus Mayor Michael Coleman has signed off on the agreement, and Scott is confident city council will follow suit. The attorneys expect council to vote on the settlement within a month.

If city leaders approve, Lewis would begin receiving the funds after he completes college. Shroyer said portions of the settlement will put into an annuity generating interest that could bring the total settlement to about $1.2 million.

Shroyer declined to say how much attorneys will reap in legal fees. In his words “that’s between us and Derris.”

Lewis, who remains quite shy, said Dennis’ open murder investigation “is in God’s hands.” He said he does not think it has sunk in that his brother is really gone.

“I guess, when I get older, you know, start to realize that he’s really not here, I’m mean he’s here with me in his spirit. But I mean, I will still carry on. I mean that’s what we promised each other, to succeed and help our mother,” Lewis said.

Lewis was freed in August after testing proved his fingerprint was not in his brother’s blood at the crime scene. Dennis Lewis was murdered in January 2008 at their mother’s Linden home.

In a letter to Public Safety Director Mitchell Brown, Councilwoman Charleta Tavares requests a briefing from police and safety officials to explain what went wrong with the investigation.

“Whether it’s simply miscommunication and a procedural issue, whether there’s some tools or resources that our law enforcement community needs,” says Tavares.

In her letter, Tavares says she finds it “alarming” the family had to hire outside investigators to re-test the evidence that eventually cleared Derris Lewis. She says police need to make sure this doesn’t happen again:

“We want to make sure that we protect the integrity of investigations in our community, we want to protect the safety of our residents and we want to protect the rights of innocent individuals,” says Tavares.

Tavares says the apparent mishandling of evidence and Derris Lewis’ subsequent imprisonment have caused a lot of controversy.

“People have been asking, How could this happen?’ And that’s why we have the questions,” says Tavares.

Tavares says since sending the letter, her office HAS been in contact with the Public Safety Director’s office, though a meeting has not yet been scheduled.

Derris Lewis — who appeared on WOSU’s Open Line — says the police need to be held accountable:

“I feel that there should be jobs lost. That’s what I feel. This is a terrible situation,” says Lewis.

Columbus police report they are in the process of conducting an internal investigation, but were not immediately available for comment.

Derris Lewis sits calmly by his mother in a small conference room on East Livingston Avenue. He’s less than a mile down the road to Franklin County’s main jail where he spent the last year-and-a-half accused of murdering his twin brother, Dennis. Today he’s a free man.

Lewis and his mother, April Lewis, wear T-shirts with Dennis’s picture on the front. Above the photograph is the phrase “It Is What It Is”. They say that was Dennis’s motto: to let things be.

As media fills the room, mother and son share a tender moment.

“What can we do without each other? Nothin’”

After Lewis’s trial ended in a mistrial in March, Franklin County Prosecutor Ron O’Brien called for further testing of their only piece of evidence to link Lewis to his twin’s murder – a quote unquote “bloody palm print”. Contradictory testimonies during the trial from two expert fingerprint witnesses prompted the additional testing. One expert said Lewis’s print was in Dennis’s blood. The other said the print was above the blood. Tests yesterday concluded the print was not in blood. Lewis’s release from the jail was expedited.

One might think the 19-year-old would be angry, but he says he’s not.

“No. No. I’m not. I gave it to God,” Lewis said.

But he said he would like something from the Columbus Police. He’d like them to say they’re sorry. “I would like a public apology as far as what they put me through and me and my family period,” he said.

So why was the testing – that took one day – not done any sooner? Lewis’s attorney, Adam Nemann, agreed it should have been done earlier, but he explained why it was not.

“Fingerprint evidence is fallible. And so for us to concede it was his print would be saying a lot for a defense attorney. We wanted to challenge the evidence at trial just like in any other case. We did that. And in fact in the trial we conceded it was his print for the most part in our argument. Throughout the trial we never disputed the fact that it was his print as much as we disputed it was not his print in blood,” Nemann said.

While in jail Lewis said he read the Bible a lot. He said prayer got him through the nights. Lewis called his family very spiritual. When asked if he thought the mistrial – which in the end prompted his release – was a divine blessing he said yes.

“Oh, yes. That has been a blessing. I mean, it could’ve went the whole opposite. You know, it could’ve went a 360. But it didn’t. That was a true blessing. And I believe that after that that’s when everything was coming into place for this day. I’m sitting in front of you today. So yeah,” Lewis said.

Nemann said after the trial a juror told him had deliberations continued they likely would have delivered a not guilty verdict. Nemann said the juror said at the time the trial was declared a mistrial nine jurors wanted to acquit Lewis. Three others were on the fence.

Lewis indicated he may want to pursue a civil suit for his wrongful incarceration. “I lost my freedom and my education. And those are the two most important things that I have as a citizen of these United States. But, again, that’s not all, I would like a personal apology, but we will go further, you know,” he said.

Nemann said he and Lewis have not had time to discuss a civil suit but…

“I would not rule it out though,” Nemann said.

Lewis, who was an honors student, missed his senior year of high school. He said the good news is his college scholarships were reinstated.

“I’m still planning on being a buckeye,” he said.

But Lewis is not forgetting about Dennis’s murder, even though it’s considered a cold case. Lewis said he will not rest until it’s solved.

“I will find out who did this. You know, if it takes me way down the years. I will. I will find out,” Lewis said.

Dennis Lewis was bludgeoned and shot to death during a robbery at their mother’s Linden home in January last year. He was 17-years-old.

After a mistrial in March 19-year-old Derris Lewis set to go to trial again for the murder of his twin brother Dennis. Instead, he was released from the Franklin County Jail on South Front Street after spending almost 18 months behind bars. Lewis was accused of shooting his twin during a home invasion in January 2008.

“I would certainly say on behalf of the system that I would apologize for the confinement where the charges are dropped,” Franklin County Prosecutor Ron O’Brien said.

O’Brien said his office requested further testing of its key evidence, a quote unquote bloody palm print, after two expert witnesses gave conflicting testimonies during the first trial. One expert said the print was in blood, the other said it was above it.

O’Brien said testing showed the print belonged to Lewis, but there was no presence of blood on the print.

Lewis at one time had lived in the house and he used to visit his brother often. O’Brien says the mistake was made during the murder investigation.

“They did everything pretty much correctly other than the miscommunication about where the print was located on the wall and what substance it was located in,” he said.

Lewis faced life in prison is he had been convicted. Attempts to reach Lewis at his mother’s home were unsuccessful.

19-year-old Derris Lewis will have to wait in jail another four-and-a-half months before he faces a new jury of his peers. His aggravated murder trial was declared a mistrial last week just one day after jurors began deliberations. A juror indicated she could not continue her duties following the death of her sister-in-law.

Although Lewis’s trial received a great deal of media coverage, Franklin County Prosecutor Ron O’Brien is optimistic a neutral jury will be seated.

“I think in our modern society where people frequently will look to live in their own life and not pay that much attention to publicity relating to criminal cases unless it touches on their own life, their own family, their own neighborhood, that it’s not that difficult to select a jury that can be fair and impartial to both sides,” O’Brien said.

Both sides now have a second chance to present their cases. O’Brien said the prosecution has no plans to change its strategy.

“I believe the evidence is substantially the same and it was heard at the first trial. So it’s a matter of presenting it to a second jury,” he said.

The prosecution says a bloody palm print links Lewis to his brother’s murder.

Dennis Lewis was shot and bludgeoned in the head at his mother’s east side home during a robbery last January.

The defense says a group of masked men committed the crime, and says alibis put Lewis at home asleep during the time of the murder.

Lewis’s attorney could not be reached for comment.

Jurors showed up at the Franklin County Courthouse ready to get back to the task at hand – deciding whether Dennis Lewis is guilty of murdering his twin brother, Dennis, during a robbery at their mother’s house last January. But Juror Number Six informed the court her sister-in-law died after a long illness.

“I feel I can’t concentrate on the business at hand here with our situation at home,” she said.

After more than a week of testimony and a day of deliberations Judge Reece was hesitant to excuse her.

“I guess I’m trying to push it a little bit to see if it at all possible would you be able to maybe compose yourself and be able to proceed next week if we gave you time? I just don’t know. You don’t know? That’s something you’d have to decide then? Yes. Ok.”

Judge Reece already had excused the two alternate jurors which is standard procedure when a trial is not a capital case. The alternates can not be called back to serve on the jury.

Deliberations could proceed with only eleven jurors, but the defense opted to request a mistrial. And the prosecution did not object.

“Well that would have been basically waiving his right to a jury of twelve of your peers, and that’s a constitutional right that he has. And I believe that would have been malpractice for me to allow that to occur,” Defense attorney Adam Nemann said. Lewis already has served 13 months behind bars. Nemann argued it could be another year before a new trial could begin. And he requested Lewis’s bond, which is $750,000, be lowered. Nemann even suggested Lewis could be under house arrest.

“We don’t feel he’s a flight risk. We don’t feel he’s a danger to the community because we feel he’s innocent,” Nemann argued.

The prosecution objected to that request. And Judge Reece denied lowering the bond. Lewis’s cousin Kimberly Carter said she was “dumbfounded” at the mistrial announcement.

“I’m at a loss for words at this point. To the fact, well, it’s a mistrial, he needs to come home,” Carter said.

The new trial date is unknown.

Judge Guy Reece of Franklin County Common Pleas Court gave jurors their instructions Wednesday after the prosecution and defense made their final pitches. 19 year-old Derris Lewis has pleaded not guilty to aggravated murder in his brother’s January 2008 death. The twins’ mother says a group of men broke into her house and held her at gunpoint, then beat and shot Dennis Lewis when he tried to fight back.

Prosecutors say fingerprints and a bloody palm print link Derris Lewis to the crime. His girlfriend testified she was with him across town when the fatal shooting occurred. He faces up to life in prison if convicted.

“Consult with one another and consider each other’s view if you can do so without disturbing each other’s judgment.” Judge Reece told jurors to take their time reviewing the case’s evidence. And not to let other jurors’ feelings affect their vote of guilty or not guilty.

In his final argument to jurors Prosecutor Tim Mitchell said they faced a “stark decision”. And he asked them to come back with a guilty verdict.

“It won’t be easy, he’s guilty. And he’s guilty of all of this,” Mitchell said.

Derris Lewis is charged with aggravated murder, murder, aggravated robbery, aggravated burglary and kidnapping. His twin brother, Dennis, was shot and bludgeoned in the head last year at his mother’s home during a robbery.

Lewis did not become a suspect until about a month later – when police found his fingerprint in some of Dennis’s blood at the crime scene. The defense claims the print is not in the blood – instead they say it’s above the blood and was there before the murder.

Prosecutor Doug Stead asked jurors to use their common sense during deliberation.

“The bloody print says murder. The print speaks for itself. Physical evidence does not lie. People do,” he said.

Defense attorney Adam Nemann told jurors police are wrong about the fingerprint. He said something went wrong during the investigation.

“It is not in Dennis’s blood. And they told you there was no forced entry. No forced entry over and over and over again. That’s what they indicated to you that’s because no forced entry wouldn’t work with their theory that Derris was involved,” Nemann said.

The prosecution says money was the reason why Derris killed Dennis. They say Derris knew his brother was saving money. Police did not find any money in Dennis’s room during their investigation. But Derris found an envelope of money in his brother’s dresser when he helped his family clean the house when the police were done with it. Prosecutor Doug Stead said Derris planted the money.

“The money being found in the dresser. Folks I submit to you he put the money back when he went back into the house because his conscience wouldn’t let him live with the blood money,” Stead said.

Derris’s sister, Dianne Lewis, testified Monday money could not have been a motive because Dennis liked to spend his money not save it. And money would not have been in the house.

Defense attorney Nemann told jurors to remember the alibis that put Derris at home in bed at the time his brother was murdered.

“They want you to believe that he would have driven to crime scene undetected. Not a single person saw his vehicle in the area. Staged the crime scene as though it were a random break-in. Killed him. Shot him. Left the crime scene undetected. Went home. Then he was able to compose himself. Get dressed then go back to the crime scene. We know he didn’t do this,” Nemann said.

If convicted, Lewis faces life in prison.

The defense called Dianne Lewis, Derris’ older sister, to testify. From the witness stand she described her brother Derris, who is accused of killing his twin, as the passive one.

“Derris was the peacemaker, he’s the peacemaker. He’s more like the preacher type you know he wants to make peace with everything,” she said.

She portrayed the victim, Dennis, as a “firecracker.”

“Dennis was the outspoken one.”

The defense claims a group of masked men committed the murder. Prosecutors have tried to establish money as a motive for why 19-year-old Derris may have killed his brother.

Dianne Lewis testified her brother Derris needed a new car at the time of the murder. His car had a bad transmission. Prosecutor Doug Stead cross-examined Dianne Lewis.

“How was he going to pay for it if his brother hadn’t been killed? We would’ve gave him money like we normally do,” she said.

Instead, Dianne gave Derris money donated to the family following Dennis’s death. Derris used it to buy a used car.

Dennis was killed in his mother’s home on the city’s East Side. Dianne testified family members, including Derris, cleaned the house once police had finished investigating it as a crime scene. She said during the clean up Derris found an envelope of money in his brother’s dresser. But prosecutor Stead suggests Derris may have planted that money.

“Do you know where they found that envelope? They said the third draw down. Who said that? Christian and Derris. Did you actually see them find the money? No, I was in the living room.”

But Dianne testified that Dennis did not save his money and money would not have been in the house.

“He’s a heavy spender. OK. What kind of things…Clothes and shoes. He’s crazy over clothes and shoes.”

In other testimony, Two former roommates of Derris’s say he was at his home at the time of the slaying.