Wednesday, April 6, 2016

Bulletin: Keith Allen Harward; Virginia: Significant Development; "Gov. Terry McAuliffe’s office launched an investigation Tuesday into the case of Keith Allen Harward, serving life for a 1982 murder and rape in Newport News that his lawyers say were wrongful convictions."... “Certainly, based on the DNA evidence at this point, it would justify a pardon, but we need to go through an investigation without delay,” said Brian J. Moran, secretary of public safety. “This is a very important matter.” ..."“In light of the unusual circumstances and talking with (the state forensics lab) and in light of the DNA information, we are going to initiate an investigation of our own by the parole board and have them review the case for a possible pardon,” he said. “We want to avoid any unnecessary delay in his release if, in fact, he is innocent, which the evidence would indicate he is,” Moran said."Reporter Frank Green; Richmond Times-Dispatch;


"Gov. Terry McAuliffe’s office launched an investigation Tuesday into the case of Keith Allen Harward, serving life for a 1982 murder and rape in Newport News that his lawyers say were wrongful convictions. “Certainly, based on the DNA evidence at this point, it would justify a pardon, but we need to go through an investigation without delay,” said Brian J. Moran, secretary of public safety. “This is a very important matter.” Harward’s lawyers are seeking a writ of actual innocence from the Virginia Supreme Court based on recent DNA test results that they say prove his innocence and have not asked for a pardon at this point. The lawyers declined to comment Tuesday. Harward, 59, was convicted of the Sept. 14, 1982, slaying of Jesse Perron and the rape of his wife. Perron was beaten to death and his wife repeatedly sexually assaulted. He was tried for first-degree murder in 1986, convicted largely on questionable bite-mark comparison evidence, and sentenced to life. He has been behind bars since his arrest at his parents’ home in Floyd County in March 1983, shortly after he left the Navy. Recent DNA testing requested by his lawyers with the Innocence Project and the Washington law firm of Skadden, Arps, Slate, Meagher & Flom LLP failed to identify Harward’s genetic profile in sperm left at the scene by the assailant. Then the Virginia Department of Forensic Science searched a national DNA databank and matched the genetic profile in the sperm to Jerry L. Crotty, a former Navy shipmate of Harward’s. Crotty died in an Ohio prison 10 years ago. He was being held on abduction, attempted burglary and other charges. In 2012, Gov. Bob McDonnell issued a conditional pardon to Johnathan Montgomery, falsely accused and convicted of sexually assaulting a young neighbor, while he sought a writ of actual innocence. The year before, Richmond’s Thomas Haynesworth was paroled at McDonnell’s request while he also sought a writ but had to register as a sex offender until he was exonerated. Typically, said Moran, there is a petition for a pardon made to the governor and the matter is investigated. “In light of the unusual circumstances and talking with (the state forensics lab) and in light of the DNA information, we are going to initiate an investigation of our own by the parole board and have them review the case for a possible pardon,” he said. “We want to avoid any unnecessary delay in his release if, in fact, he is innocent, which the evidence would indicate he is,” Moran said."
 http://www.richmond.com/news/article_29a88b98-9d9f-512f-ad9b-f54ceabd8456.html

See the following link: Virginia's attorney general admits the Commonwealth got it wrong and joins   Harwood's petition. "Virginia Attorney General Mark Herring is asking the Virginia Supreme Court to act as quickly as possible to exonerate Keith Allen Harward of a 1982 murder and rape in Newport News which recent DNA testing shows was committed by another former sailor. "Based on a careful and exhaustive examination of the circumstances including the latest DNA testing of evidence recovered at the crime scene, it is clear that Keith Harward is innocent," said Herring in a prepared statement Wednesday. He said that if the DNA results had been available at the time of Harward's 1986 trial, no "rational trier of fact" would have convicted him.
"In light of this new evidence, the Commonwealth agrees that Mr. Harward's writ of actual innocence should be issued as quickly as possible, and his convictions should be vacated," said Herring. "My office has filed a brief in the Supreme Court of Virginia to that effect." Herring said that, "In this case, the Commonwealth got it wrong, and the pursuit of justice requires me to join in support of Mr. Harward's petition." Harward, 59, has been in prison for more than 33 years for the slaying of Jesse Perron, who was beaten to death with a crow bar, and the sexual assault of his wife. He was convicted largely on the now discredited testimony of two experts who said Harward's teeth matched bite marks left by the rapist on the woman's legs. Olga Akselrod, one of Harward's lawyers with the Innocence Project, said Wednesday, "We are very pleased that the attorney general has decided to join us in asking that the court declare Mr. Hardward innocent. The DNA results are obviously overwhelming and point with zero doubt to Mr. Harward's innocence."

 http://www.richmond.com/news/article_57f9e490-921c-514b-aa81-c20e25b69f86.html