Man found to be innocent after 17 1/2 years in prison.

Dreamer128 · 06-24-2004, 12:07 PM

Retarded Man Was Nearly Executed
By Maria Glod
Washington Post Staff Writer
Thursday, June 24, 2004; Page B08

Earl Washington Jr., a mildly mentally retarded man who was nearly executed for a 1982 rape and murder he did not commit, was not coerced into making a false confession by the police officers who interrogated him, a federal judge ruled yesterday.

U.S. District Judge Norman K. Moon found, however, that there is enough evidence for a jury to consider whether a Virginia State Police special agent fabricated evidence that helped prosecutors win a conviction.

In a 24-page opinion, Moon dismissed civil claims Washington filed against the Town of Culpeper and six law enforcement officials involved in the investigation into the slaying of Rebecca Lynn Williams, 19, a mother who was stabbed in her Culpeper apartment. Washington spent 17 1/2 years in prison for the killing before he was cleared through DNA tests and pardoned in 2000.

Washington filed the suit in 2002 in U.S. District Court in Charlottesville -- a suit described by his attorneys as an effort to remove any doubts about his innocence and prompt changes in Virginia's justice system. Washington was sentenced to death in 1984, based largely on a confession in which he got many details wrong, including the race of the victim and the number of times she was stabbed.

Jack L. Gould, a Fairfax attorney who represents a former Fauquier County sheriff and two deputies named as defendants in the suit, yesterday praised Moon's ruling. "I was convinced early on that my clients had followed the law and this is the right result," Gould said.

Although Moon dismissed the majority of the claims made by Washington, the ruling still could mean that a jury will decide whether then-Virginia State Police agent Curtis Reese Wilmore misled prosecutors and jurors regarding the case.

Moon noted in the ruling that Wilmore, now deceased, testified at Washington's trial that Washington told him he left his shirt in Williams's apartment. Years later, Wilmore told a Virginia assistant attorney general that he was uneasy about his testimony and that he thought the police had told Washington that a shirt was found at the crime scene.

"It is significant whether the information regarding the shirt was first volunteered by Washington or whether the presence of the shirt at the murder scene was suggested by police. If Washington volunteered the information, it would appear that he had non-public information about the murder scene," Moon wrote.

William G. Broaddus, the attorney for Wilmore's estate, said that he will appeal Moon's ruling and that Wilmore testified honestly, actually helping to lead to the exoneration of Washington. "Reese Wilmore is how we know these inconsistencies [between Washington's statement and the facts] occurred," Broaddus said. "He volunteered them. He didn't try to hide them."

One of Washington's attorneys, Peter Neufeld, said the ruling is a victory because it will allow a trial to air details of the investigation.

"It's a great opportunity for the people of the Commonwealth of Virginia, who will be able to see all the pus and bile that's part of the system of justice that put an innocent man within nine days of execution," Neufeld said.

© 2004 The Washington Post Company

wellard · 06-24-2004, 08:52 PM

If there was strong enough evidence to release him, then I fail to see how his appeal against miscarrage of justice could largely fail? [img]graemlins/1ponder.gif[/img] It seems like the poor guy is still getting screwed IMO

promethius9594 · 06-25-2004, 01:57 AM

well, for the first part, according to what you posted of the article the man is NOT for sure innocent. the original ruling is merely in question based on the validity of the evidence being brought into question. the retrial could show, again, that the man IS guilty and therefore does deserve the DP, or it could show that the was guilty in a lesser capacity and deserved life sentence, or it could show him to be innocent, in which case he would be compensated.

the fact that the man is "mildly mentally retarded" makes no difference to me. you could say that a cereal killer who has no conscience is also mentally deficient, but that doesnt change the fact that they should die in any way. if a person is sane enough to unjustifiably take the life of an innocent then they are sane enough to face the possibility of death themselves.

the new JR Jansen · 06-25-2004, 03:09 AM

Quote:

Originally posted by Dreamer128:
[i]Washington spent 17 1/2 years in prison for the killing before he was cleared through DNA tests and pardoned in 2000.
Company

Well Promethius, if you can somehow show that this isn't enough evidence by itself to clear this man then please do.

promethius9594 · 06-25-2004, 03:23 AM

the ruling still could mean that a jury will decide whether then-Virginia State Police agent Curtis Reese Wilmore misled prosecutors and jurors regarding the case

well, until the retrial, we wont know for sure, now will we?

skywalker · 06-25-2004, 04:52 AM

Quote:

Originally posted by promethius9594:
you could say that a cereal killer who has no conscience is also mentally deficient.

I kill a bowl practically every morning for breakfast!

(Sorry I could not help myself.)

Mark

Davros · 06-25-2004, 06:31 AM

Quote:

Originally posted by skywalker:

quote:
Originally posted by promethius9594:
you could say that a cereal killer who has no conscience is also mentally deficient.

I kill a bowl practically every morning for breakfast!

(Sorry I could not help myself.)

Mark [/QUOTE]I don't blame you Mark - when I read it I decided to take a stab at that one as well but you got in before me

.

[ 06-25-2004, 06:33 AM: Message edited by: Davros ]

the new JR Jansen · 06-25-2004, 08:33 AM

Quote:

Originally posted by promethius9594:
the ruling still could mean that a jury will decide whether then-Virginia State Police agent Curtis Reese Wilmore misled prosecutors and jurors regarding the case

well, until the retrial, we wont know for sure, now will we?

It looks like you're mixing things up.

The man was cleared due to DNA test and was pardoned in 2000.

This trial is against the Virginia State police agent. So this is not a retrial, this is a trial to determine if the police officer deliberatly misled prosecutors or not.

promethius9594 · 06-25-2004, 08:56 AM

oh, well, then sucks to be the guilty guy. he'll be compensated for it though, and he didnt end up on the block.

also, lay off on the spelling error... when you type 60 wpm, you dont catch everything. (:|)

and i dont have a concience about killing off a bowl a day either...

[ 06-25-2004, 08:57 AM: Message edited by: promethius9594 ]

06-25-2004, 09:10 AM

Wow that sure hits close to home...My sister in-law (to be) lives in Culpeper.

As for Virginia...any state that allows you to carry handguns but outlaws Radar Detectors has some serious issues with it's top leadership....

[ 06-25-2004, 09:11 AM: Message edited by: MagiK ]

06-24-2004, 08:52 PM	#2
wellard Dracolisk Join Date: November 1, 2002 Location: Australia ..... G\'day! Posts: 6,123	If there was strong enough evidence to release him, then I fail to see how his appeal against miscarrage of justice could largely fail? [img]graemlins/1ponder.gif[/img] It seems like the poor guy is still getting screwed IMO __________________ fossils - natures way of laughing at creationists for over 3 billion years

06-25-2004, 01:57 AM	#3
promethius9594 Drizzt Do'Urden Join Date: April 13, 2004 Location: USA Age: 42 Posts: 676	well, for the first part, according to what you posted of the article the man is NOT for sure innocent. the original ruling is merely in question based on the validity of the evidence being brought into question. the retrial could show, again, that the man IS guilty and therefore does deserve the DP, or it could show that the was guilty in a lesser capacity and deserved life sentence, or it could show him to be innocent, in which case he would be compensated. the fact that the man is "mildly mentally retarded" makes no difference to me. you could say that a cereal killer who has no conscience is also mentally deficient, but that doesnt change the fact that they should die in any way. if a person is sane enough to unjustifiably take the life of an innocent then they are sane enough to face the possibility of death themselves. __________________ mages may seem cool, but if there was a multi player game you wouldnt see my theif/assasin until you were already too dead to cast a spell...

06-25-2004, 03:23 AM	#5
promethius9594 Drizzt Do'Urden Join Date: April 13, 2004 Location: USA Age: 42 Posts: 676	the ruling still could mean that a jury will decide whether then-Virginia State Police agent Curtis Reese Wilmore misled prosecutors and jurors regarding the case well, until the retrial, we wont know for sure, now will we? __________________ mages may seem cool, but if there was a multi player game you wouldnt see my theif/assasin until you were already too dead to cast a spell...

06-25-2004, 08:56 AM	#9
promethius9594 Drizzt Do'Urden Join Date: April 13, 2004 Location: USA Age: 42 Posts: 676	oh, well, then sucks to be the guilty guy. he'll be compensated for it though, and he didnt end up on the block. also, lay off on the spelling error... when you type 60 wpm, you dont catch everything. (:\|) and i dont have a concience about killing off a bowl a day either... [ 06-25-2004, 08:57 AM: Message edited by: promethius9594 ] __________________ mages may seem cool, but if there was a multi player game you wouldnt see my theif/assasin until you were already too dead to cast a spell...

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06-24-2004, 12:07 PM	#1
Dreamer128 Dracolisk Join Date: March 21, 2001 Location: Europe Age: 40 Posts: 6,136	Retarded Man Was Nearly Executed By Maria Glod Washington Post Staff Writer Thursday, June 24, 2004; Page B08 Earl Washington Jr., a mildly mentally retarded man who was nearly executed for a 1982 rape and murder he did not commit, was not coerced into making a false confession by the police officers who interrogated him, a federal judge ruled yesterday. U.S. District Judge Norman K. Moon found, however, that there is enough evidence for a jury to consider whether a Virginia State Police special agent fabricated evidence that helped prosecutors win a conviction. In a 24-page opinion, Moon dismissed civil claims Washington filed against the Town of Culpeper and six law enforcement officials involved in the investigation into the slaying of Rebecca Lynn Williams, 19, a mother who was stabbed in her Culpeper apartment. Washington spent 17 1/2 years in prison for the killing before he was cleared through DNA tests and pardoned in 2000. Washington filed the suit in 2002 in U.S. District Court in Charlottesville -- a suit described by his attorneys as an effort to remove any doubts about his innocence and prompt changes in Virginia's justice system. Washington was sentenced to death in 1984, based largely on a confession in which he got many details wrong, including the race of the victim and the number of times she was stabbed. Jack L. Gould, a Fairfax attorney who represents a former Fauquier County sheriff and two deputies named as defendants in the suit, yesterday praised Moon's ruling. "I was convinced early on that my clients had followed the law and this is the right result," Gould said. Although Moon dismissed the majority of the claims made by Washington, the ruling still could mean that a jury will decide whether then-Virginia State Police agent Curtis Reese Wilmore misled prosecutors and jurors regarding the case. Moon noted in the ruling that Wilmore, now deceased, testified at Washington's trial that Washington told him he left his shirt in Williams's apartment. Years later, Wilmore told a Virginia assistant attorney general that he was uneasy about his testimony and that he thought the police had told Washington that a shirt was found at the crime scene. "It is significant whether the information regarding the shirt was first volunteered by Washington or whether the presence of the shirt at the murder scene was suggested by police. If Washington volunteered the information, it would appear that he had non-public information about the murder scene," Moon wrote. William G. Broaddus, the attorney for Wilmore's estate, said that he will appeal Moon's ruling and that Wilmore testified honestly, actually helping to lead to the exoneration of Washington. "Reese Wilmore is how we know these inconsistencies [between Washington's statement and the facts] occurred," Broaddus said. "He volunteered them. He didn't try to hide them." One of Washington's attorneys, Peter Neufeld, said the ruling is a victory because it will allow a trial to air details of the investigation. "It's a great opportunity for the people of the Commonwealth of Virginia, who will be able to see all the pus and bile that's part of the system of justice that put an innocent man within nine days of execution," Neufeld said. © 2004 The Washington Post Company

06-25-2004, 09:10 AM	#10
MagiK Guest Posts: n/a	Wow that sure hits close to home...My sister in-law (to be) lives in Culpeper. As for Virginia...any state that allows you to carry handguns but outlaws Radar Detectors has some serious issues with it's top leadership.... [ 06-25-2004, 09:11 AM: Message edited by: MagiK ]

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