Many of you attended our First Annual Awards Luncheon and heard exonoree Marvin Anderson and former Virginia Governor Mark Warner speak about the ongoing project in Virginia to perform post-conviction DNA testing in nearly 1,000 old cases.  During Warner's tenure in office, five innocent men were cleared of rape charges based on DNA evidence that had unexpectedly been saved in files kept by the Virginia Department of Forensic Science (DFS).  In 2005, Gov. Warner made history when he ordered DFS to perform post-conviction DNA testing in every case in which such evidence had been saved. 

            Since that time, the Forensic Science Board (FSB) has been tasked with establishing a system for evaluating the physical evidence and developing a protocol for notifying the affected defendants of the DNA testing.  MAIP has been intimately involved in this process.  Our main goal has been to ensure that legislators and members of the FSB understand the importance of notifying the affected defendants that the DNA from their cases is being tested and advising them of the potential legal consequences of that testing.  Unfortunately, the FSB narrowly voted down MAIP's proposed plan, which involved having a network of MAIP-trained pro bono attorneys locate and notify each defendant whose case was subject to testing.  Instead, FSB has begun the work of notifying these defendants by mail, using addresses that MAIP fears will in many cases be too outdated to be effective. 

            In these letters, the FSB provides defendants with MAIP's contact information.  In addition, the FSB may rely on pro bono attorneys trained and recruited by MAIP to notify those defendants whose letters are returned as undeliverable and who cannot be located by the Virginia Department of Corrections or the Virginia State Police.  In order to handle the anticipated influx of requests, we have assembled a group of more than 200 attorneys who will assist in the representation of these men and women.  Additionally, to ensure that these attorneys are well versed in the post-conviction process, MAIP is arranging training sessions for the pro-bono advocates.  Please email Shawn Armbrust at sarmbrust@exonerate.org if you are interested in participating in this project.

 Click here to read the Washington Post's article on this unprecedented re-testing project.

Technorati Tags: DNA, Old Case Retesting Project, Virginia, Governor Warner, Marvin Anderson, Mid-Atlantic Innocence Project

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