"Virginia Attorney General Ken Cuccinelli supports Haynesworth's appeal. So do Henrico Commonwealth's Attorney Wade Kizer and Richmond Commonwealth's Attorney Michael Herring. That is because DNA evidence shows Haynesworth did not commit one of the crimes for which he was convicted. It also cleared him of another crime he was charged with but not convicted for. He has two remaining convictions. No DNA evidence remains to be tested in those cases, but Haynesworth has passed polygraph tests about them.
The DNA evidence in the other cases points to another man, Leon Davis, aka the Black Ninja – a serial rapist serving a life sentence. Haynesworth and Davis were neighbors and bore a physical resemblance, suggesting Haynesworth's accusers may have mistaken the identity of their attacker."
RICHMOND TIMES-DISPATCH;
"The court of appeals has granted only one writ of actual innocence, in 2008, though it has yet to free anyone from prison.
Among other things, Haynesworth must show, “no rational trier of fact could have found proof beyond a reasonable doubt based upon the newly discovered evidence.”
His lawyers say that if the DNA evidence was available in 1984, no reasonable juror would have found him guilty.
Haynesworth’s petition argues, “If, as the Virginia legislature plainly contemplated, there is ever to be a case for which a writ of actual innocence is granted based on non-biological evidence, this is it.”"
THE INNOCENCE PROJECT;
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"The Virginia Court of Appeals soon will convene a remarkable hearing: one in which there only one side," the Times-Dispatch story published earlier today under the heading, "A one-sided case," begins.
"The court will hear statements about Thomas Haynesworth, who is seeking to have his name cleared of the rape convictions for which he has been locked up since 1984. With Gov. Bob McDonnell's intercession, Haynesworth was granted parole Friday," the story continues.
"Virginia Attorney General Ken Cuccinelli supports Haynesworth's appeal. So do Henrico Commonwealth's Attorney Wade Kizer and Richmond Commonwealth's Attorney Michael Herring. That is because DNA evidence shows Haynesworth did not commit one of the crimes for which he was convicted. It also cleared him of another crime he was charged with but not convicted for. He has two remaining convictions. No DNA evidence remains to be tested in those cases, but Haynesworth has passed polygraph tests about them.
The DNA evidence in the other cases points to another man, Leon Davis, aka the Black Ninja – a serial rapist serving a life sentence. Haynesworth and Davis were neighbors and bore a physical resemblance, suggesting Haynesworth's accusers may have mistaken the identity of their attacker.
Cases such as these arise from time to time, and one of the more striking features about many of them is the mulish refusal by prosecutors to admit that their offices might have put away the wrong man. It's heartening to know Virginia's public officials do not let institutional defensiveness interfere with the pursuit of justice. Their support for Haynesworth actually increases public trust in the criminal-justice system. Swift action by the court would increase it all the more."
The story can be found at:
http://www2.timesdispatch.com/news/2011/mar/20/tdopin01-a-one-sided-case-ar-914999/
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
