HAMMOND | Five months after the city of Hammond asked a federal appeals court to overturn a $9 million judgment in the wrongful conviction lawsuit won by Larry Mayes, attorneys are expected to file a motion today asking the court not to rule in the case.

The motion, if successful, will clear the path for a negotiated settlement between Mayes and the city for a reported $4.5 million.

"If the court does not rule, there will be a settlement, which must be approved by the Hammond City Council," Mayes' attorney, John Stainthorp, said Monday.

Stainthorp said the only contingency that would prevent the settlement is if the court decides to issue a ruling in the case.

The judgment stems from a 1982 case in which a jury sent Mayes to prison for abducting and raping a Hammond convenience store clerk.

Mayes served 20 years in prison before modern DNA analysis determined the semen recovered from the victim was not his.

Mayes subsequently filed a wrongful conviction lawsuit that resulted in a $9 million jury award in August 2006. Found liable along with the city was now-retired Capt. Michael Solan, who was chief of police at the time of Mayes' conviction.

As of January 2007, the case had cost the city more than $500,000 in legal fees.

At the time, Mayes' victory prompted his attorneys to petition the court for $1.4 million in legal fees, though a lower amount had been negotiated to be paid if the city's appeal fails. Separate legal fees to attorneys representing two officers involved in the case had reached more than $148,000.

Hammond Corporation Counsel Joseph O'Connor could not be reached Monday night for comment.