QUOTE OF THE DAY: ""The weight's off my shoulders," Watford said. Though never jailed, he said the felony conviction has cost him many opportunities at good jobs. He has no other criminal record." Sheldon said Watford is, "Also very grateful that the Supreme Court of Virginia today recognized what he has been saying for almost 40 years – that he had nothing to do with the rape."
PASSAGE OF THE DAY: "DNA testing in 2016 found that Watford's DNA did not match the genetic profile identified in sperm recovered from the victim and her jeans. It also did not match two other genetic profiles found in sperm from two mattress stains found in the vacant house where the assault occurred. Testing in 2010 also failed to match the DNA profiles of Watford's two younger brothers - also suspects - with any of three suspect DNA profiles. Watford pleaded guilty in exchange for a 10-year suspended sentence. Because the crime happened so long ago and because Watford pleaded guilty, there is little trial information. The state Supreme Court justices ordered an evidentiary hearing that was held in April in Portsmouth Circuit Court. At the hearing, the victim testified that when she entered the vacant house, she saw one of Watford's brothers and other men inside. But she said a blanket was thrown over her head, so she did not see her assailants. She said she could not recall seeing or hearing Watford - whom she knew - at the scene or recall telling police that he was among her assailants.""
STORY: by reporter Frank Green, published by The Richmond Times-Dispatch on March 1, 2018.
GIST: A unanimous Virginia Supreme Court on Thursday issued a writ of actual innocence for Roy L. Watford III, convicted of the 1977 rape of a 12-year-old girl in Portsmouth. Watford, 58, then 18 years old, pleaded guilty to the rape on the advice of his grandfather after he was offered a plea deal that called for him to not serve any jail time. DNA testing in recent years strongly supported his innocence claim and his lawyer, Jon Sheldon of Fairfax, filed a writ of actual innocence in the Virginia Supreme Court on his behalf. The writ was opposed by the Virginia Attorney General's office, although it was noted the case was challenging. Watford's case appears to be the first grant of a writ of actual innocence by the high court that was opposed by the state. Also, the change of one word in the state law in 2013, "could" to "would," was cited in the 16-page ruling Thursday written by Justice Cleo E. Powell as a significant change in the law. In clearing Watford, Powell wrote, "When all of this evidence is considered, we find that it is highly unlikely that any rational fact-finder would have found Watford guilty beyond a reasonable doubt. Indeed, the Commonwealth cannot point to any evidence that establishes that Watford was at the vacant house on the day of the attack, much less that he was one of the perpetrators of the crime." State law required Watford to show by clear and convincing evidence that no rational judge or juror would have convicted him in light of the new evidence. Earlier in the opinion, Powell noted the General Assembly changed the word "could" to "would" at a key point in the law. The word, "could," would require a petitioner to eliminate the possibility that he could have been convicted. "In other words, the 'could' standard effectively required that a petitioner prove his innocence beyond any reasonable doubt." She added, that the word "would," while still posing a high hurdle, requires a petitioner, "to establish a high probability of acquittal, that this Court is reasonably certain that no rational trier of fact would have found him guilty." Asked how he felt Thursday, Watford said, "Great," and thanked his pro bono lawyer, Sheldon. "The weight's off my shoulders," Watford said. Though never jailed, he said the felony conviction has cost him many opportunities at good jobs. He has no other criminal record." Sheldon said Watford is, "Also very grateful that the Supreme Court of Virginia today recognized what he has been saying for almost 40 years – that he had nothing to do with the rape." "He looks forward to be able to secure employment and housing without the limitation and stigma of a violent sexual felony on his record. Since his unjust conviction, Watford has suffered what all felons suffer from, extremely limited opportunities in housing and employment," said Sheldon. Watford can now also vote, serve on a jury, hold public office, own a firearm and drive a commercial vehicle, Sheldon added. DNA testing in 2016 found that Watford's DNA did not match the genetic profile identified in sperm recovered from the victim and her jeans. It also did not match two other genetic profiles found in sperm from two mattress stains found in the vacant house where the assault occurred. Testing in 2010 also failed to match the DNA profiles of Watford's two younger brothers - also suspects - with any of three suspect DNA profiles. Watford pleaded guilty in exchange for a 10-year suspended sentence. Because the crime happened so long ago and because Watford pleaded guilty, there is little trial information. The state Supreme Court justices ordered an evidentiary hearing that was held in April in Portsmouth Circuit Court. At the hearing, the victim testified that when she entered the vacant house, she saw one of Watford's brothers and other men inside. But she said a blanket was thrown over her head, so she did not see her assailants. She said she could not recall seeing or hearing Watford - whom she knew - at the scene or recall telling police that he was among her assailants.""
The entire story can be read at:
http://www.richmond.com/news/local/crime/unanimous-va-supreme-court-exonerates-chesapeake-man-in-rape-of/article_df8ae6fb-c57a-557a-b50c-58a0f8a6c743.html
