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 In 1984, Earl Washington Jr., then
in his early 20s, was tried, convicted, and sentenced to death for
the murder of 19-year-old Rebecca Williams in Culpepper, Virginia.
Washington's conviction was based largely on his confessions to
police. His lawyers insisted the confessions were internally
inconsistent, and likely the words of a man with sub-normal
intelligence (an IQ of 69) who was "easily led" by police to
confess. Washington's appeals failed in the courts.
By 1993, Washington's lawyers had reached the end of their
appeals. The last hope for them was Gov. L. Douglas Wilder.
Washington's attorneys drafted an appeal for pardon and sent it to
Wilder. But Wilder wanted DNA tests done before making a decision.
The new test excluded Washington's DNA. Prosecutors then floated a
new theory - the DNA belonged to an accomplice of Washington's.
By December 1993, as Wilder's governorship was coming to an end
and Washington's execution date was nearing, the governor ordered
one more DNA test - on a blanket. However, Washington's lawyers
couldn't find out what it showed - the results were kept secret. On
Wilder's last day of office, a call came to the lawyers. They had
two hours to accept Wilder's clemency
offer, life in prison for Washington rather than execution. In
its investigation, however, FRONTLINE obtained a copy of that last
DNA test. The test, reviewed by Wilder on January 14, 1994--the day
of his clemency decision--concluded that Earl Washington Jr. was
"eliminated" as a possible donor of the genetic evidence in the
case.
In February 1999, the Virginia General Assembly rejected
legislation that would have made possible a new trial for
Washington, and others in his situation, by extending Virginia's "21-day rule" for hearing
new evidence after final sentencing.
In early June of 2000, Virginia Governor Jim Gilmore ordered new
DNA testing that could prove that Earl Washington may not have
committed the crime for which he was sentenced to die.
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 In 1981, Clyde Charles, a
27-year-old, African-American shrimp fisherman, was arrested and
charged with the sexual assault of a young white nurse near Houma,
Louisiana. The following year, Charles was tried and convicted of
aggravated rape, a charge which carries a mandatory life sentence in
Louisiana. "The trial made me sick to my stomach," Charles later
said in an interview. "I
felt that I was going to be convicted, because the jury was all
white. . .Everything was set up, from the time they picked me up,
until the end of this."
For years, Charles proclaimed his innocence. In 1990, when
Charles learned of the power of DNA evidence to re-open previously
tried cases, he began writing letters requesting a test of the
evidence in his case. For years, his requests were ignored, blocked,
or denied by state and federal officials. Charles kept writing
however, as did his family, and eventually his case became one of
the hundreds of files stacked at the Innocence Project where law
students and DNA experts, including lawyer Barry Scheck,take on
cases where DNA could prove prisoners' innocence.
The Innocence Project, coupled with FRONTLINE's media attention,
finally helped pressure the state of Louisiana to agree to a DNA
test in May, 1999; by November, results of the test excluded Charles
as a possible perpetrator of the crime. Charles, now 46, was
released from prison on December 17, 1999. "I don't have time to be
angry, but I do want to know why," Charles said to a New Orleans Times-Picayune newspaper reporter on the
evening of his release. "Why did this take so long? I know I left
some innocent men behind."
In March of 2000, Charles filed a federal lawsuit against
Louisiana prosecutors who, he claims, blocked his access to DNA
testing. In early April of 2000, Clyde Charles' brother Marlo was
arested and imprisoned after DNA tests implicated him in the rape of
the Houma nurse for which Clyde had earlier been convicted.
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 ·"Earl Washington Jr.--An Innocent
Man" (12/20/93) ·Gov.
Wilder's Executive Clemency Offer (1/14/94)
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 ·An Interview with Clyde
Charles ·"A Long Journey Home for An
Innocent Man" ·"Justice Delayed" -
Chronology of the case
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 On May 1, 1990, Roy Criner was
sent to prison for 99 years for the rape and murder of
sixteen-year-old Deanna Ogg some three-and-a-half years earlier near
New Caney, Texas. Criner, a young logger, was convicted largely on
the basis of statements he made to some of his friends and
co-workers on the night of the crime that seemed to indicate that he
had committed the crime. After years of unsuccessful appeals, Criner
submitted to a DNA test, aware of the advances that had been made by
then in DNA testing.
In July, 1997, the test came back negative, indicating that
Criner could not have contributed the genetic material found on the
victim. Criner believed he'd be freed soon, but these hopes were
shortlived: the DNA test did not persuade local and state officials
to grant Criner a new trial. Overturning the ruling of a District
Judge, a 5-4 majority of judges on the Texas Court of Criminal
Appeals concluded in May of 1998 that the DNA evidence would not
have changed jurors' minds. Judge Sharon Keller, writing
for the majority, found "overwhelming, direct evidence" that
established Criner's guilt beyond the doubts raised by the new DNA
evidence. In his dissent,
Judge Charles Baird stated that the majority undervalued the power
of the DNA evidence to change jurors' minds and moved for a new
trial. In his investigative piece "Hard Time," reporter Bob
Burtman uncovered additional evidence of Criner's possible
innocence.
Criner's
family and other supporters continue to work for his
release
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 On February 6, 1985, Joseph Roger
O'Dell was arrested for the murder, rape, and sodomy of Helen
Schartner; he was convicted of these crimes a year-and-a-half later
based largely on blood evidence and the word of a jailhouse
"snitch." For much of the decade that followed, O'Dell's
unsuccessful appeals went to the Virginia Supreme Court, Federal
District Court, and the Supreme Court, where Justice Harry Blackmun
found "serious questions as to whether O'Dell committed the crime"
and warned of "the gross injustice that would result if an innocent
man were sentenced to death."
Originally at trial, O'Dell represented himself; afterward, he
continued to make his case, sending letters on stationery headed
with an address of "P.O. Box 500-Death Row." In one letter, O'Dell petitioned the Circuit
Court for release of the evidence in his case for DNA testing. In
June, 1997, the U.S. Supreme Court rejected his last appeal. That
same month, the Virginia Circuit Court rejected a petition filed on O'Dell's
behalf to release the evidence for testing. His innocence still
questioned, and his case being closely followed by anti-death penalty groups in
Virginia and around the nation, O'Dell was executed in July of
1997.
Following his death, efforts to conduct further tests on the
evidence in O'Dell's case continued unabated. Late in 1997, the
Roman Catholic Diocese of Richmond, Virginia, petitioned the Circuit
Court of Virginia Beach to release evidence for testing, but the
Court denied the request and suggested
that the evidence be disposed of as required by law.
In a 1999 law review article on the case, Lori Urs, an
anti-death penalty advocate who married O'Dell just prior to his
execution in order to gain access to the evidence in the case,
argued strongly against previous court opinions in the case which,
she felt, relied on mistaken early reports of a blood "match" in the
case and did not take seriously enough the import of the subsequent
DNA testing.
None of these appeals mattered. In March of 2000, the last of the
DNA evidence in the O'Dell case being stored in the circuit court of
Virginia Beach was burned without any further testing.
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 ·Updates On the
Case From Criner's Family ·Judge Baird Favors New
Trial ·Judge Keller
Opposes New Trial ·"Hard Time" - A Reporter Investigates
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 ·A
Prisoner's Plea (8/16/88) ·DNA
Request Denied (6/24/97) ·Again Denied (1/30/98) ·The
O'Dell Case Reconsidered (1999)
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