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26 Retired Agents Voice Their Support for the Norfolk 4

Posted on Wednesday, November 12th, 2008 by Christian Van Buskirk

Twenty six former Federal Agents have joined the ranks of those calling for the immediate release of the Norfolk Four. The announcement comes just months after 4 former Virginia attorneys general voiced their support for the sailors’ clemency.

Joseph Dick, Derek Tice, Danial William and Eric Wilson were charged in 1997 with the rape and murder of a Norfolk woman. Each of the men provided the police with conflicting confessions. None of the confessions matched the physical evidence, and all four men later recanted. A fifth man, Omar Ballard, confessed to committing the crime alone and was the only match for the DNA found at the scene of the crime. All five men were convicted. (more…)

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Lawmakers and Maryland Governor Agree on DNA Collection Law

Posted on Monday, November 10th, 2008 by Christian Van Buskirk

Maryland lawmakers and Governor O'Malley's adminstration have come to an agreement on the wording of a DNA collection law.

The original language, supported by Governor O'Malley, allowed police to take DNA samples from people arrested for violent crimes or burgalary.  Members of Maryland's legislature disagreed with the regulation, and contended that DNA should only be collected from those who had been formally charged with a crime.  The two sides were able to reconcile their differences during a legislative session. (more…)

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Judge Orders Police to Search for Evidence or Face Fine

Posted on Monday, October 27th, 2008 by Christian Van Buskirk

The Baltimore Sun published an article concerning a Baltimore judge who has ordered the city police to search for DNA evidence from a 1975 rape case or face a fine.

In January, Circuit Judge Wanda K. Heard ordered the Baltimore police department to search storage facilities for any DNA evidence remaining from John Williams Simms' 1977 trial. Judge Heard gave the prosecutor and police 90 days to submit a written report detailing their efforts. To date, no report has been filed. (more…)

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Virginia Crime Commission to Assist with Notification Process

Posted on Thursday, October 16th, 2008 by Christian Van Buskirk

The Virginia Crime Commission (VCC) will investigate better methods for notifying defendants in Virginia’s Old Case Retesting Project after discovering the current method fell short of expectations.

In February, the General Assembly passed a budget amendment that delegated the notification process to the Forensic Science Board (FSB). FSB decided in August to notify defendants by certified mail. Only 23 percent of the intended recipients of the first mailing confirmed receipt. Several of the delegates and Senators who passed the budget amendment serve on the VCC and were frustrated with the lack of progress. (more…)

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DNA-Testing Project Considers Using Lawyers to Contact Defendants

Posted on Thursday, October 16th, 2008 by Christian Van Buskirk

On October 9th, the Richmond Times-Dispatch ran an article discussing the Virginia Forensic Science Board's request to the General Assembly for assistance with finding people who were affected by the recent DNA-testing project.

Since the start of Virginia's DNA-testing project, more than 600 persons have been sent letters notifying them that biological material has been found in their case files that may be suitable for DNA testing. (more…)

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Maryland Passes New DNA Collection Law

Posted on Thursday, October 9th, 2008 by Christian Van Buskirk

The Capital News Service ran an article on October 3rd that explored the effects of Maryland’s DNA collection law.

Prior to the passage of this law, DNA samples were only collected from those convicted of violent crimes. Beginning January 1, 2009 samples will be collected from persons charged with committing or attempting to commit those crimes. (more…)

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University of Virginia Launches Innocence Clinic

Posted on Monday, October 6th, 2008 by Christian Van Buskirk

In September, the University of Virginia Law School launched its innocence clinic. Led by Deirde Enright, the clinic will consist of 12 law students. Throughout the year students will participate in investigations and help gather evidence to support an exoneration. Much of their initial case load has been referred to them by The Mid-Atlantic Innocence Project.

Click here to read more about the UVA Innocence Clinic and its members.

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VA Police Interrogation Methods Questioned in ‘75 Rape & Murder

Posted on Friday, October 3rd, 2008 by Christian Van Buskirk

The Richmond Times Dispatch ran an article on September 14 discussing questionable police interrogation methods that led a mentally impaired man to give a false confession.

In 1975, Curtis Jasper Moore was questioned about, and subsequently convicted of, the rape and murder of Eva King Jones, an 88-year-old woman. Steven A. Drizin, a professor at Northwestern University Law School and an expert on false confessions, believes that the police "broke every rule in the book" during the interrogation, leading Moore to confess to a crime he did not commit. (more…)

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Lab Oversight Casts Doubt On Test Results

Posted on Monday, September 15th, 2008 by Christian Van Buskirk

            It was discovered last month that lab technicians in Baltimore City had been inadvertently contaminating crime scene evidence.  The Baltimore lab failed to catalogue its employee's DNA, a precaution that is considered standard by industry experts.  Without the safeguard of an employee catalogue, DNA profiles left by employees are categorized as "unknown" rather than being properly identified.

            Defense attorneys are outraged at the oversight, arguing that this is just the latest in a series of quality assurance lapses that have plagued the lab.  To read the Baltimore Sun's piece on the lab and the government's response, click here.

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Exonorees Help Fight Maryland’s Death Penalty

Posted on Monday, September 15th, 2008 by Christian Van Buskirk

The Baltimore Sun ran a lengthy piece on the recent efforts in Maryland's State Legislature to repeal the death penalty.

            On September 5th, the Maryland Commission on Capital Punishment convened its final public hearing.  The Commission, created by Governor O'Malley, is charged with determining whether the state's moratorium on the death penalty should be lifted or made permanent. (more…)

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  • Akin Gump Strauss Hauer & Feld LLP
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  • The DC Bar Foundation
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  • DTI Associates, a Haverstick Company
  • Georgetown University Law Center
  • Hogan & Hartson LLP
  • Holland & Knight LLP
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  • McGuire Woods LLP
  • The Public Welfare Foundation
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  • Sullivan & Cromwell LLP
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  • Virginia Law Foundation
  • Washington College of Law

 

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