Russell Gray
Posted on Thursday, March 25th, 2010 by Daniel Satin
Russell Gray spent three years in prison for a murder he did not commit before the real perpetrator admitted guilt and Gray was pardoned by the Governor of Virginia.
In July 1986, Charles Gray and another man went to the Richmond home of another man whom they had been recently quarreling with. As the tension between the groups of men heightened, Gray’s friend fired shots at the third man’s house, hitting his stepfather in the neck. Eight days later, the stepfather passed away due to his wounds.
Both the stepson and his mother told police that Charles Gray’s brother Russell was the shooter. The stepson picked out Russell Gray’s mug shot in a photo book as the trigger man, and the widow, who did not see the shots fired, identified Gray as someone who was at the crime scene just before and shortly after her husband was killed. Witness misidentification is the lead cause of wrongful convictions. The stepson also said that the shooter was wearing shorts.
In Gray’s one day trial, his attorney Carey Bowen attempted to prove that he was not there. Gray showed a disfiguring scar on his leg that kept him from ever wearing shorts. A number of people in the neighborhood testified that they had never seen him wear shorts. Bowen also called a number of alibi witnesses who placed Gray at another place at the time of the shooting. Although the jury expressed skepticism over the stepson’s testimony, the judge denied their request to review the transcript of his testimony. Gray was eventually convicted and sentenced to 52 years.
Despite the conviction, Bowen continued his investigation, interviewing more potential witnesses. All of his investigation led pointed to a third man, Michael Harvey, who was an alibi witness in Gray’s defense at trial. Harvey eventually confessed to a Richmond detective that he was the shooter and that Gray was not involved. Bowen also found a new witness who testified seeing Harvey at the scene and that he was wearing the same shorts described by the stepson.
In spite of the overwhelming evidence of his innocence, Gray’s exoneration was held up by legal red tape. Because Harvey was a defense witness, his testimony could not be held against the prosecution. Gray was left with no judicial options. With the help of the Commonwealth’s Attorney’s Office, then-Governor L. Douglas Wilder issued a pardon in April 1990.
Harvey eventually pleaded guilty to manslaughter in the case and served eight years in prison.
Technorati Tags: MAIP, Mid-Atlantic Innocence Project, Innocence Project, Russell Gray, Exoneration, Witness Mis-identification, Wrongful Convictions
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