The event will be honoring the lawyers and artists who helped the West Memphis Three gain their freedom and the Hunton & Williams legal team who helped secure the release of MAIP Client Michael Hash.

Tuesday, July 10, 2011
The Ritz Carlton, Washington, DC

Don’t miss this opportunity to hear from those who inspire us to do the work we do. For questions, please contact Rachel Cicurel at rcicurel@exonerate.org.

Photo by the Virginia Department of Corrections

Yesterday, a federal judge in Roanoke, Virginia granted full habeas corpus relief in an innocent teen’s capital murder case based on the “outrageous misconduct” of Culpeper law enforcement officials.

More than a decade ago, Michael Wayne Hash, just 19 years old at the time, was convicted of capital murder in Culpeper County and sentenced to life imprisonment without the possibility of parole. No physical evidence implicated Hash or the two other teenage boys charged with the crime. In turn, Hash was convicted based only on the testimony of three suspect witnesses. Hash’s direct appeals and a state habeas corpus petition were all denied, notwithstanding evidence of police and prosecutorial misconduct.

Convinced that Hash was innocent and that his trial was unfair, the Mid-Atlantic Innocence Project (MAIP) and law firm Hunton & Williams took up Hash’s case. On April 15, 2010, they filed a federal petition for writ of habeas corpus in the U.S. District Court for the Western District of Virginia and undertook an investigation that revealed a pattern of misconduct on the part of Culpeper officials.

Late Monday, Judge James Turk granted full federal habeas corpus relief to Hash, who is now 31 years old. MAIP’s Executive Director Shawn Armbrust, in conjunction with the team at Hunton & Williams led by partner Matthew Bosher and investigator Stanley Lapekas, proved that Hash’s conviction was based entirely on contrived, manufactured witness testimony and tainted by extensive police and prosecutorial misconduct. Such an outcome is a rare victory, and one that would likely not have been possible for Hash without the work of Hunton & Williams, which logged more than 2,000 pro bono hours on this case.

In his opinion, Judge Turk stated that “the Court finds that Hash is entitled to habeas corpus relief…[T]he Court is disturbed by the miscarriage of justice that occurred in this case and finds that Hash’s trial is an example of an extreme malfunction in the state criminal justice.” Judge Turk cited “a cavalcade of evidence demonstrating police and prosecutorial misconduct,” including:

• Orchestrating a transfer to place Mr. Hash in a prison 50 miles from Culpeper to spend one night in a cell block with a professional snitch, creating a pretext for the transfer, and then covering it up until December of 2011;
• Concealing promises to assist two prosecution witnesses in exchange for their false testimony against Hash;
• Failing to turn over critical exculpatory materials, including reports that key prosecution witnesses failed polygraph examinations; and
• Coaching prosecution witnesses.

The opinion is available at:
http://www.vawd.uscourts.gov/OPINIONS/TURK/HASH2254MEMORANDUMOPINION.PDF.

“The Court’s opinion validates what our client, his family, and his legal team have said from the beginning – that Mike Hash did not commit this crime and that the tactics used to obtain his conviction were reprehensible,” said Armbrust. “We trust the Culpeper authorities will now do the right thing and allow for his immediate release, so he can go home to his family as quickly as possible.

“We are thrilled that our client has finally been exonerated,” said Bosher. “There has never been any credible evidence that Mr. Hash had anything to do with this crime. He spent the last 12 years — his entire adult life — in prison for a crime he did not commit because the system completely failed him. In particular, the conduct of law enforcement officials in Culpeper was outrageous and offensive.”

More on Michael Hash’s case:

DNA test under way in Hash case
April 17, 2012 – Richmond Times-Dispatch

Michael Wayne Hash Free After Judge Slams Official Misconduct in Murder Case, Tosses Life Sentence
March 16, 2012 – The Huffington Post

Misconduct in a murder investigation?
March 11, 2012 – The Washington Post

A beam of hope
March 11, 2012 – The Washington Post

As murder conviction tossed after 12 years, Va. family hopes son will be home soon
March 10, 2012 – The Washington Post

Preparing for a son’s homecoming
March 10, 2012 – The Washington Post

For Michael Wayne Hash, mother’s persistence may yield freedom
March 4, 2012 – Richmond Times-Dispatch

Verdict tossed in 1996 Culpeper slaying
March 1, 2012 – Richmond Times-Dispatch

Federal judge overturns Hash’s 2001 murder conviction
March 1, 2012 – Culpeper Star Exponent

U.S. judge overturns Culpeper capital murder conviction
February 29, 2012 – Richmond Times-Dispatch

Judge overturns man’s murder conviction in 1996 Va. killing
February 29, 2012 – Associated Press

She will also be joined by Death Row Exoneree Kirk Bloodsworth, who spent nine years in jail for a crime he did not commit and was the first American to be exonerated from Death Row by post-conviction DNA evidence.

March 1 – 12:00 p.m.
American University
Washington College of Law – Room 603
4801 Massachusetts Avenue, NW
Washington, DC

11:45-Noon: Lunch Served
Noon: Death Row Exoneree Kirk Bloodsworth
12:30-1:30: Sister Helen Prejean
1:30-2:00: Reception and Book signing

This will be an amazing opportunity to hear from an unyielding activist
against the Death Penalty. The event is free & open to the public.
http://www.wcl.american.edu/secle/founders/2012/20120301.cfm

To learn more about Mr. Barbour’s story, please see this morning’s stories at the Richmond Times-Dispatch:

Case raises questions of effort

New DNA test could exonerate man convicted of 1978 rape

In 2009, when Braga joined Echol’s legal team and took the lead on the WMT efforts, the case seemed to be at a standstill. However, in order to recognize unwavering pushback by the prosecutors and still secure relief for Echols and his co-defendants, Braga found what he deemed to be a legal compromise. As he explained to the National Law Journal: ‘”What is the middle ground between insistence on guilt by the prosecutors and insistence on innocence by the defendants?” He concluded: “The thing that seemed logical, the only safe harbor, was the Alford plea.”‘

His efforts were successful. After entering their Alford pleas, each of the defendants’ sentences were deemed as time served, and finally, the West Memphis Three were released from prison on August 19, 2011.

Click here to read the National Law Journal’s article: Defender found the audacity to end a stalemate or see the full Pro Bono Hotlist.

This is only the Second Time a Virginia Court Has Granted a Writ of Actual Innocence Based on Non DNA Evidence

FOR IMMEDIATE RELEASE:
December 6, 2011

CONTACTS: 
Paul Cates, 212/364-5346, cell 917/566-1294, pcates@innocenceproject.org
Shawn Armbrust, 773/ 562-9020, sarmbrust@exonerate.org
Alana Salzberg, 212/364-5983, asalzberg@innocenceproject.org

(Richmond, VA; December 6, 2011) —  The Virginia Court of Appeals today exonerated Thomas Haynesworth of a series of sexual assaults that occurred in 1984 that DNA and other evidence now prove were committed by the self-proclaimed “Black Ninja” rapist. Attorney General Ken Cuccinelli and Richmond Commonwealth Attorney Michael Herring and Henrico Commonwealth Attorney Wade Kizer, joined the Innocence Project, the Mid-Atlantic Innocence Project and Hogan Lovells US LLP in seeking the writ of actual innocence for non-biological evidence that was granted by the court today. Haynesworth, who was released to parole in March thanks to intervention by Gov. Bob McDonnell, served nearly 27 years in prison for the sexual assaults and has had to register as a sex offender and abide by strict conditions of parole since his release.     

“This day was a long time coming for Mr. Haynesworth and his family,” said Shawn Armbrust, Executive Director of the Mid-Atlantic Innocence Project. “After serving nearly 27 years for crimes that he didn’t commit, Mr. Haynesworth has had to register as a sex offender and abide by degrading conditions while the Court of Appeals took nearly nine months to conclude that the Attorney General and the prosecutors were right that Mr. Haynesworth didn’t commit these crimes.” 

Peter Neufeld, Co-Director of the Innocence Project added, “This is the first time in America where the Attorney General and two local prosecutors joined us in seeking an exoneration, yet it nevertheless took nine months, two trips to the Court of Appeals, and six judges to secure relief that was obvious to everyone.”

Today’s decision, which was decided 6-4, marks only the second time that a Virginia court has exonerated someone through a writ of actual innocence for non-biological evidence.  Unlike this case where the decision was based on factual evidence of innocence, the first case was decided on legal reasoning.  (The court concluded that the gun in question in that case was not a gun under the law.)   

“This case is yet another tragic example of misidentification, which occurs far too often, especially in cross-racial crimes,” said Olga Akselrod, a Staff Attorney with the Innocence Project, which is affiliated with the Cardozo School of Law.  “Fortunately the Virginia Department of Criminal Justice Services has developed a new model policy for police identification procedures that would go a long way toward preventing this type of injustice, and we urge the legislature to adopt this policy for all police department statewide.” 

Between January 3 and February 1, 1984, five white women were the victims of rapes or attempted rapes by a young black male in the East End of Richmond, a small area overlapping both the City of Richmond and Henrico County.  Haynesworth, an 18-year-old Richmond resident with no prior record, was arrested February 5, 1984, after one of the victims identified him.  The other four victims later picked his photo out of a photo array. Haynesworth was eventually convicted for crimes that occurred on January 3, January 30 and February 1, 1984 and sentenced to 36 years in prison.  He was acquitted of a crime that occurred on January 21, and the charges were dropped in a January 27 incident. 

Rapes in the same general area continued throughout 1984 after Haynesworth was arrested, with more than 10 young white women being attacked by a young black male who began to refer to himself to his victims as the “Black Ninja.”  On December 19, police arrested Leon Davis, who was charged with about a dozen rapes that took place during the last nine months of 1984. Davis was eventually convicted of at least three of those crimes and sentenced to multiple life terms. 

After Gov. Mark Warner ordered a review of cases between 1973 and 1988, it was discovered that the semen recovered from the victim of Haynesworth’s January 3 rape conviction matched Davis, not Haynesworth.  With this knowledge, Haynesworth’s legal team reached out to the Richmond and Henrico Commonwealth’s Attorneys to review Haynesworth’s other convictions.  While there was no physical evidence for his two remaining convictions, DNA testing proved that Davis was also the perpetrator in the case for which he was acquitted.

The Richmond and Henrico Commonwealth’s Attorneys conducted an extensive investigation and eventually concluded that Davis, not Haynesworth, was responsible for the other two crimes.  These crimes matched the same modus operandi as the other rapes committed by Davis.  Haynesworth also passed polygraph tests about both of the cases that were administered in the presence of the respective Commonwealth’s Attorneys. 

Attorney General Ken Cuccinelli also conducted an investigation and joined in Haynesworth’s petition for a writ of actual innocence for non-biological evidence.  The case was argued before a three member panel of the Court of Appeals on March 30, 2011.  In an unusual move, the panel ruled in July that it would not issue a decision but would instead send the case to be heard before the full Court of Appeals.  The full court heard arguments on September 27, 2011 and issued its ruling today.

A timeline of the case is available. 

In addition to the lawyers listed above, the legal team includes Hogan Lovells US LLP partner Ellen Kennedy and associates Thomas Widor and Aaron George.       

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The Mid-Atlantic Innocence Project is proud to be part of the Catalogue for Philanthropy: Greater Washington. Each year some 250 organizations apply to be featured and undergo a rigorous vetting process. This year a panel of 100 expert reviewers from area foundations, corporate giving programs, giving circles, and peer nonprofits participated in the process, and this year’s 70 nonprofits were selected. All 350 organizations (including ours!) can be viewed online at the Catalogue’s website, http://www.cfp-dc.org — where donations can also be made.

According to Barbara Harman, President and Editor of the Catalogue for Philanthropy: Greater Washington, “We know that many nonprofits have had a very difficult year. For most, contributions are flat or down, and the decrease or loss of foundation and government funding has created significant budgetary challenges. Individual donors can make a real difference this year, keeping great organizations afloat during these tough times.”

Though MAIP has just recently become a part of the Catalogue for Philanthropy, we know it will help enable us to reach out to individuals in the region who would otherwise not hear our story. Since its inception in 2003, the Catalogue has helped raise over $12.5 million dollars for local non-profit organizations. The 2010-11 Catalogues have just been sent out, and if you haven’t received one, you can request a catalogue online: they’re free. The Catalogue’s website went live with the newly featured nonprofits on November 8th. Special features of the site include a gift registry, gift cards, a section especially for kids, and even a “donate now/decide later” fund that lets donors give in December and make their choices in January. Links on nonprofit profile pages connect donors with volunteer opportunities, events, news, videos, and more. According to Harman, “the new Catalogue website is the broadest and deepest regional philanthropy website in the country.” We’re proud to be featured on it.

MAIP is also proud to be called “one of the best,” and we hope you’ll view our online profile and help spread the word about the Catalogue so that together we can deepen the culture of giving in our nation’s capital.

Donate Now at the Catalogue for Philanthropy

However, the article in Sunday’s Times not only outlines Mr. Haynesworth’s current situation but also the road ahead. Tomorrow morning, MAIP’s Executive Director Shawn Armbrust will continue to fight for Mr. Haynesworth’s full exoneration during her oral argument before the en banc Virginia Court of Appeals. The oral argument is open to the public and will take place at 9 :00 a.m. at the Virginia Supreme Court, which is located 100 N. 9th Street in Richmond, VA.

To read the full article, please see http://www.nytimes.com/2011/09/25/us/man-cleared-of-rapes-but-a-court-balks-at-full-exoneration.html. Additionally, click here to learn more about the progression of Mr. Haynesworth’s case.

However, for those of you who missed it, please see the following stories from NPR and the Richmond Times-Dispatch to learn more about Thomas Haynesworth’s presentation of awards to the public officials who helped him gain his freedom:

http://wamu.org/news/11/07/20/cuccinelli_joins_wrongfully_convicted_va_man_at_innocence_project_luncheon.php

http://www2.timesdispatch.com/news/news/2011/jul/21/tdmet01-prosecutors-recognized-for-haynesworth-exo-ar-1186211/

July 20, 2011
Ritz Carlton, Washington, DC

To purchase a ticket, please use the PayPal feature below or send a check to:

Mid-Atlantic Innocence Project
4801 Massachusetts Ave., NW
Washington, DC 20016

PayPal accepts all major credit cards.

The Decade Society [includes a full table of 10 tickets] – $10,000.00 Champion of Justice [includes a full table of 10 tickets] – $5,000.00 Defender of Innocence [includes 5 tickets] – $2,500.00 Advocate [includes 2 tickets] – $1,000.00 Single Ticket – $100.00

Additionally, if you would like to donate a different amount or are unable to attend the event but would still like to send a donation to our cause, please feel free to use the button below.

By supporting this exciting event, you’ll be honoring Thomas’s efforts to rebuild his life, nearly three decades later.

Sponsorship Categories

The Decade Society - $10,000:
• A full table (10 tickets) at the event
• 2 tickets to a MAIP event with David Simon, Founder of the HBO series The Wire
• A full-page program advertisement with prime placement
• Acknowledgement from the podium during the event
• Acknowledgement in the invitation
• Premier event signage and recognition
• Year-long premier recognition on the MAIP website

Champion of Justice – $5,000:
• A full table (10 tickets) at the event
• A full-page program advertisement
• Acknowledgement in the invitation
• Event signage honoring our most generous donors
• Year-long recognition on the MAIP website

Defender of Innocence – $2,500:
• 5 tickets to the event
• A quarter-page program advertisement
• Event signage recognition
• Acknowledgement in the invitation

Advocate – $1,000:
• 2 tickets to the event
• Event signage recognition

Single Ticket – $100

For more information, please contact Rachel Cicurel at rcicurel@exonerate.org or 202-895-4519.