Subscribe Via RSSNorfolk Four conviction thrown out
On December 1, the Washington Post published a strong editorial calling on Virginia Gov. Tim Kaine to act expeditiously on the clemency requests of the "Norfolk Four," calling their convictions "one of the most disturbing potential miscarriages of justice [Virginia] has ever seen." The four are Derek Tice, Joseph Dick, Danial Williams and Eric Wilson, Navy sailors convicted of the 1997 gang-rape and murder of a woman based exclusively on their dubious confessions. Persuasive evidence shows that the confessions were coerced, and another man — whose DNA was found at the scene — has repeatedly confessed to being the lone assailant. In late November, a Virginia trial court judge threw out the conviction of Mr. Tice, finding that the police violated his constitutional rights when they interrogated him. Unfortunately, Mr. Tice is still subject to retrial unless the governor grants clemency or the Commonwealth decides not to try him again.
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December 4th, 2006 at 7:33 pm
The letter opinion by the trial judge is worth looking at. For such a highly publicized case, and one with such a large record, it is rather compact. It’s unwelcome see to how easily the judge tosses Ballard aside when the issue is the possible ineffectiveness of some very good and well respected lawyers in a difficult case. It’s also a bit curious that neither defense counsel seems to have known anything about the detective’s notes until just recently, even though the notes were filed with the court in some document or other back in the spring of 1999. It’s extraordinary, and rather unusual to my knowledge, for a judge to find deficient performance on a guilt issue where defense counsel were relying on information from the client. Or, as in this case, the lack of information. Tice apparently did not recall saying anything to his lawyers about invoking his right to silence. Well, at least it’s the right result, even if the reasons cited by the judge leave a little something to be desired. And, naturally, innocence played no part in the habeas case.
December 24th, 2006 at 1:43 pm
I have no idea what the previous fellow just said but will say that it is a breath of fresh air in a smoke filled parlor to hear of this case finally moving forward. I, myself have been working as an advocate for Jeff Washington who is walking the same ‘path’ with little resolve so far. We will continue to plug and present the facts. Someone will listen eventually. http://www.freejeffwashington.org