"THERE IS WIDE AGREEMENT THAT THE NORFOLK MAN SHOULD BE COMPENSATED FOR THE 22 YEARS HE SPENT IN PRISON AFTER BEING WRONGFULLY CONVICTED ON RAPE CHARGES. THERE IS DISAGREEMENT OVER HOW MUCH TO PAY HIM AND OVER WHAT PERIOD OF TIME.
SEVERAL LEGISLATORS, INCLUDING REPUBLICAN SEN. KEN STOLLE OF VIRGINIA BEACH, PLAN TO FILE BILLS GRANTING RELIEF TO WHITFIELD, WHOSE PLIGHT AS A LIVER CANCER PATIENT HAS GAINED MUCH ATTENTION.
"YOU HAVE A LOT OF PEOPLE JOCKEYING FOR POSITIONS BECAUSE THIS IS, ALL OF A SUDDEN, IT'S A POLITICALLY POSITIVE THING," HE SAID.""
REPORTER JULIAN WALKER; THE VIRGINIAN-PILOT;
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Background: It's not every day that an issue involving the work of forensic scientists in the criminal courts comes under scrutiny in the Supreme Court of the United States; Nor is it every day that the Supreme Court issues a searing indictment of the forensic science system in the country and faces head-on the abuses such as manipulation, prosecutorial pressure, outright fraud, bias, error and incompetence. Canadians are well aware of this through the many miscarriages of justice caused in Ontario by Dr. Charles Smith. Americans, who haven't received this message yet, will learn it from the blunt words of Justice Antonin Scalia for the majority. The Supreme Court ruled that a state forensic analyst’s laboratory report prepared for use in a criminal prosecution is “testimonial” evidence and therefore subject to "confrontation" through cross-examination of the analyst - but not before Justice Scalia told Americans how vulnerable they are to wrongful convictions as a result of American forensic science as it is practiced today. They need all of the protection of the law that they can get.
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"Although legislators' official purpose in town today is to fix state law dealing with how forensic lab-tested evidence is presented in court and hear the latest estimates on declining state revenues, the human factor in this General Assembly special session is Arthur Lee Whitfield," Virginian-Pilot reported yesterday.
"There is wide agreement that the Norfolk man should be compensated for the 22 years he spent in prison after being wrongfully convicted on rape charges. There is disagreement over how much to pay him and over what period of time," the story by reporter Julian Walker continued.
"Several legislators, including Republican Sen. Ken Stolle of Virginia Beach, plan to file bills granting relief to Whitfield, whose plight as a liver cancer patient has gained much attention.
"You have a lot of people jockeying for positions because this is, all of a sudden, it's a politically positive thing," he said.
The state Supreme Court denied Whitfield a writ of actual innocence - a legal document that establishes eligibility for compensation from the state - because he had already been freed from prison when he sought the writ. Gov. Timothy M. Kaine formally pardoned Whitfield this year.
A compensation formula created by 2004 legislation provides for payments calculated by time spent behind bars.
One-fifth of the money is paid in a lump sum and the remainder is disbursed over 25 years, according to those rules. Money is also available to cover career training costs.
Under one version of that calculation method, Whitfield would be in line to receive a package valued at roughly $445,000.
Stolle has drafted a bill that would provide that amount to Whitfield, though he has indicated a willingness to boost it to about $770,000.
Another lawmaker prepared to file a claim on Whitfield's behalf is Del. Bob Tata, R-Virginia Beach. His proposal would provide nearly $633,000 to the wrongly convicted Norfolk man, with $126,573 paid in a lump sum and the rest spread over 25 years.
Norfolk Democratic Del. Kenny Alexander is pushing several alternatives, all of which would provide Whitfield with $750,000. One would give him the entire amount in a lump sum, the others would spread it out over several years.
Alexander's bill would provide an up-front payment of $250,000 and an additional $500,000 paid in installments over 10 years.
He plans to carry legislation next year to set compensation for individuals cleared of crimes who don't receive innocence declarations after their incarceration ends.
Both gubernatorial candidates, former Attorney General Bob McDonnell and state Sen. Creigh Deeds, have said they support compensation. But the Republican has accused Deeds of mimicking his initial call for relief. And the Democrat has suggested that McDonnell's current stance is hypocritical because he previously voted, while a state delegate, against a law change allowing felons to ask courts to consider new DNA evidence that could exonerate them. McDonnell later voted to support that concept."
Norfolk resident Arthur Lee Whitfield was released from prison after serving 22 years for a rape he did not commit. (The Virginian-Pilot file photo)
A sidebar to the story - relating to the proposed law - tells us that:
"Gov. Timothy M. Kaine called today’s special session to conform state law to the standard created by a recent U.S. Supreme Court decision, Melendez-Diaz v. Massachusetts, that places a burden on prosecutors to present live courtroom testimony from forensic analysts.
Some prosecutors have said that ruling could lead to drug and drunk-driving cases being tossed out of court and guilty people going free.
Current law allows prosecutors to use a forensic lab report as evidence at trial in the absence of testimony from a technician who performed the analysis.
Among the short-term fixes proposed is giving criminal defendants the right to accept the forensic report as evidence or demand that a lab analyst testify. Another option is to adjust state speedy-trial rules so hearings can be scheduled to accommodate testimony from a forensic technician."
The story can be found at:
http://hamptonroads.com/2009/08/ga-special-session-help-wronged-norfolk-man
Harold Levy...hlevy15@gmail.com;
