Wednesday, January 22, 2025

Marvin Grimm: Virginia: A discredited Mary Jane Burton case: (The senior forensic analyst at Virginia’s state crime lab whose work has been mired in controversy for the last two decades; subject of numerous posts on this Blog.)…"He (Marvin Grimm) spent over 40 years in prison for the abduction, rape and murder of a 3-year-old in 1975 — all crimes he did not commit. Now, following his exoneration, the General Assembly is considering awarding him over $3 million in compensation," WRIC (Reporter Ryan Nadeau) reports…"A bill introduced by Del. Richard “Rip” Sullivan, Jr. (D-Fairfax) seeks to give Grimm financial compensation for both his wrongful incarceration and his wrongful addition to the sex offender registry. According to the bill’s text, the time Grimm spent in prison marks “the longest wrongful conviction in Virginia history and the second-longest wrongful conviction in the country.” It adds that 96% of Grimm’s expected adult life was spent wrongfully incarcerated."


BACKGROUND; From a previous post of this Blog: "Years of post-conviction litigation and appeals by the Innocence Project, as well as lobbying efforts by the Innocence Project’s policy department to change Virginia laws allowing access to post-conviction DNA testing, revealed new evidence of Mr. Grimm’s innocence.  First, at the time of Mr. Grimm’s conviction, Virginia used hair microscopy — a method of hair comparison, whose validity has been questioned since the 2009 National Academies of Sciences, Engineering, and Medicine Report, “Strengthening Forensic Science in the United States: A Path Forward.” Ms. Burton had claimed that eight hairs of the young boy who was murdered were found in Mr. Grimm’s car and on his coat. New DNA analysis of the hairs showed that none of the hairs collected matched the boy’s DNA and that seven of the hairs had different DNA profiles, indicating that they had been shed by seven different people.  Second, the deputy chief medical examiner, Dr. Marcella Fierro, erroneously claimed that a glob of white substance observed in the rear of the child’s throat was semen. Dr. Fierro swabbed the white substance and claimed she saw sperm upon microscopic inspection. Post-conviction, microscopic examination by three laboratories of the liquid recovered from the same swabs revealed there was no sperm present. Additionally, new DNA testing proved that the swabbed material only contained the child’s DNA. Currently, the Virginia Department of Forensic Sciences expert believes the white substance was most likely phlegm.  Third, the state’s toxicology report revealed quantities of alcohol and muscle relaxants in the child’s blood and several organs. However, the state crime lab and prosecutors ignored the impact of the toxicology results at the time. Post-conviction analysis of the substance absorption proved Mr. Grimm could not have drugged the boy between the time the child was last seen and sightings of Mr. Grimm after the child was reported missing."


https://draft.blogger.com/blog/post/edit/120008354894645705/3719437812136643259

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PASSAGE OF THE DAY:  "For those and several other reasons listed within the legislation, the bill — if passed — would award Grimm up to $3,498,289, per its fiscal impact statement. This includes $2,787,970 in wrongful incarceration relief and $710,319 in wrongful sex offender registration relief. These amounts were calculated by the Virginia Department of the Treasury based on Grimm’s incarceration and registration dates, respectively. As of the time of reporting, this bill is awaiting the review of a subcommittee of the House of Delegates’ Committee on Appropriations."

STORY: "Richmond man proven innocent of child's 1975 rape murder could get over # million from state, by reporter Ryan Nadeau, published by WRIC (ABC 8, on January 20, 2025.

GIST: "A Richmond man spent over 40 years in prison for the abduction, rape and murder of a 3-year-old in 1975 — all crimes he did not commit. Now, following his exoneration, the General Assembly is considering awarding him over $3 million in compensation.

On Nov. 22, 1975, a 3-year-old boy named Christopher Harper disappeared into the woods near his family’s Richmond apartment. Four days later, he was found dead face-up in the James River with his arms folded over his chest.

After a year of investigation and court proceedings, in 1976, Marvin Grimm of Richmond was convicted of Harper’s abduction, first-degree murder and rape. He received a life sentence and served 44 years in prison before he was released on parole in 2019.

Almost 50 years later, in June 2024, Grimm was issued a writ of actual innocence, finding he never should have been convicted in the first place. This decision was made based on a review of the case and the questionable circumstances that surrounded Grimm’s trial, as well as the re-analysis of key evidence.

A bill introduced by Del. Richard “Rip” Sullivan, Jr. (D-Fairfax) seeks to give Grimm financial compensation for both his wrongful incarceration and his wrongful addition to the sex offender registry.

According to the bill’s text, the time Grimm spent in prison marks “the longest wrongful conviction in Virginia history and the second-longest wrongful conviction in the country.” It adds that 96% of Grimm’s expected adult life was spent wrongfully incarcerated.

For those and several other reasons listed within the legislation, the bill — if passed — would award Grimm up to $3,498,289, per its fiscal impact statement. This includes $2,787,970 in wrongful incarceration relief and $710,319 in wrongful sex offender registration relief.

These amounts were calculated by the Virginia Department of the Treasury based on Grimm’s incarceration and registration dates, respectively.

As of the time of reporting, this bill is awaiting the review of a subcommittee of the House of Delegates’ Committee on Appropriations."

The entire story can be read at:

https://www.wric.com/news/politics/capitol-connection/marvin-grimm-financial-compensation-bill/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. 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. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;

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