Posted on 08/24/2006 1:45:37 PM PDT by youngandgungho
Washington plans to seek declaration of innocence
Earl Washington Jr. plans to petition Gov. Timothy M. Kaine for a complete exoneration of the 1982 rape and killing of a Culpeper mother of 3 that nearly led to Washington's execution, his attorney said.
The announcement Tuesday comes on the heels of an indictment filed against a new suspect in the case, convicted rapist Kenneth Maurice Tinsley. The 61-year-old Tinsley is serving life in prison for an unrelated rape conviction.
Special Prosecutor Richard E. Moore announced from Culpeper on Monday that he had obtained an indictment against Tinsley charging capital murder, rape and sodomy. Tinsley could face the death penalty if convicted. His 1st court appearance will be Sept. 6.
Washington, who is now married and living in Virginia Beach, was pardoned by Gov. Jim Gilmore in 2000 after testing showed that DNA at the crime scene belonged to Tinsley. Gilmore, though, stopped short of declaring Washington innocent.
Further tests 2½ years ago showed that semen in the victim and on a blanket at the scene matched Tinsley's DNA.
It remains unclear why it took more than 2 years since the last DNA testing to obtain an indictment. Moore declined to respond to questions Monday and did not return phone calls Tuesday.
"Gov. Kaine should amend Earl Washington's pardon and make it on the grounds that he is actually innocent," said Peter Neufeld, a New York attorney who represents Washington.
"We will be very quickly submitting a new application to Gov. Kaine to amend the pardon on the grounds of actual innocence," Neufeld said.
A spokesman for the governor indicated Tuesday that a new innocence application may be premature.
"Advocates for Mr. Washington are certainly welcome to renew any request they may have filed with a previous administration," Kaine spokesman Kevin Hall said.
"We also would point out that the indictment of a suspect, while an important step, is not a final determination of guilt," he added.
Neufeld is one of a group of attorneys handling Washington's federal civil lawsuit, initially filed against the state.
A jury in Charlottesville earlier this year awarded Washington $2.25 million in damages, ruling that a state police investigator violated Washington's civil rights by feeding him details of the crime that led to a confession.
An attorney for the now-deceased investigator is fighting that jury verdict.
Neufeld said he also plans to ask Kaine to honor the jury's verdict and pay the damages award, which fell solely to the investigator's estate.
The General Assembly in 2003 failed to approve a bill that would have paid Washington $1 million in compensation for his time spent on death row.
Washington had been 9 days from execution before receiving a stay, which later led to the pardon. There was some objection to the bill because of Washington's prior criminal record, which included beating an elderly neighbor.
(source: Virginian-Pilot)
Justice triumphs!
Washington was/is mentally retarded and he confessed. This is not new. In an Alabama case, Cornelius Singleton signed a confession to killing a nun- he was mentally retarded and illiterate and thought he had confessed to stealing laundry off of a clothesline.
Are you against the death penalty?
I can think of other things the government could be doing. A few, carefully chosen and COMPETENTLY carried out things.
Like controlling the number of guns a person buys?
I told you I'd be watching. I hit your website...seems you have an affinity for taking money from democrats.
When no one breaks the law, when there is no need for law...
then we can end the death penalty.
I have an affinity for taking money for work done. The source doesn't concern me all that much.
Anything for a buck, eh?
You reek of troll. Positively stink.
"Anything for a buck, eh?"
Did I say that?
"You reek of troll. Positively stink."
But not Limey, right?
You still are flying the limey flag. Also, the link you posted to Wikipedia on the other thread where I called you a LIMEY troll didn't work. If it did you'd know that "Limey" isn't a racial eptithet at all...but refers to the British seagoing tradition of eating limes to avoid scurvy.
And I thought I told you not to mail me?
You have an affinity for taking money, but the source doesn't bother you. That, boy, means you'll do anything for a buck.
"You have an affinity for taking money, but the source doesn't bother you. That, boy, means you'll do anything for a buck."
Not true. For instance, I wouldn't meet you in person for a buck regardless of whether that buck was from Jerry Falwell or Marilyn Manson. The only thing which concerns me is the action I am being asked to perform. I am a registered Independent and will remain as such. I have also managed the campaign of a Republican candidate in NYC. Have a pleasant night.
P.S.: I ain't your boy pops.
P.P.S: Out of respect (http://www.dictionary.com) for others, we can take up this stimulating conversation via email or private messages but I have no intention of responding to you via a public post again.
Run away, troll!
lim·ey (lm) Pronunciation Key
n. Slang pl. lim·eys
A British sailor.
An English person.
Not quite the racial slur you thought it was, eh? No doubt disapponted. Boy.
I claim credit for the kill!
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