353:, said "No amount of money can make up for the experience that Mr. Haynesworth suffered, but I think this bill is a good result in terms of helping him restore his life." Cuccinelli said, "Although we wish that the amount of money could have been greater, we also know that no amount can make up for those 27 lost years. We pray that this will allow Thomas a new beginning to pursue the dreams he has been waiting almost three decades to fulfill." Gov. McDonnell said, "Now, as Mr. Haynesworth begins the next chapter in his life, it is morally right for Virginia to provide him with a means to financial security and the ability to move on with his future. This restitution will help ensure that Mr. Haynesworth is able to build upon his freedom and return to society in a successful way."
261:, be subject to curfews, inform authorities in order to move from one home to another, and had to request permission to visit his young nieces. Knowing how hard it would be for Haynesworth to find a job until he was fully exonerated, Cuccinelli hired him to work as a clerk in his office. Haynesworth said Cuccinelli was "an extraordinary guy" and that as "a total stranger put it on the line for me." Cuccinelli had also invited Haynesworth to his office, where the State Attorney General personally apologized to him for the miscarriage of justice in his case.
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paradoxical to demand 'conclusive' evidence from
Haynesworth when the commonwealth has deprived him of the opportunity to produce such evidence." Appearing in person before the court, Cuccinelli argued passionately for Haynesworth's exoneration, saying, "This case has kept many prosecutors from going to bed at night. It's a real wake-up call. Not to say things need to be changed, but that this could happen." Shawn Armbrust of the Mid-Atlantic
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juror would find beyond a reasonable doubt that someone committed a crime is mind-numbing in the extreme." He said he understood that the standard needed to be high to avoid endless appeals, but that courts were too unwilling to rehear cases after the conviction. He also said that he did not necessarily think that the agreement of an attorney general and prosecutors should automatically lead to an exoneration, but that
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Haynesworth was tried in four separate rape cases in 1984. (Charges were dropped in the
January 27 attack, despite the victim of that attack having been the first victim to identify him.) He maintained his innocence, saying that authorities had the wrong man. Haynesworth was convicted in three of the
62:
called "one of the state's most extraordinary legal cases", used DNA testing and new state laws that allowed convicts to present new evidence in cases to prove innocence. The
General Assembly passed a bill in 2012 to pay Haynesworth compensation for his wrongful convictions and lengthy incarceration,
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It's a blessing. There are a lot of people behind the scenes who believed in me. Twenty-seven years, I never gave up. I kept pushing. I ain't give up hope. I am very happy. Me and my family can finally put this behind us, and I can go on with my life. And I can finally vote. … I'm just so happy. You
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Cuccinelli argued that requiring extra briefs raised the standard of proof too high, beyond what was intended by the
General Assembly. He said the only form of conclusive proof is DNA. In a pointed statement, he wrote that, as the state had disposed of the DNA evidence in these two cases, "it seems
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am, carrying all his belongings (a television and a single garbage bag with the rest of his belongings). He was welcomed by his mother and sisters, along with other family members. His mother, Dolores
Haynesworth, said, "He's home. It's still hard to believe. I'm holding him, but it's still hard to
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Eyewitness identifications have been shown in studies to be notoriously unreliable. Other studies have shown that eyewitnesses are more likely to misidentify someone of another race than someone of their own race. (Note: "The DNA exoneration cases where the false conviction is established with near
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It's much harder when you don't have the smoking gun of DNA. This is the very first time in the history of the
Innocence Project 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
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to grant a writ of innocence in the remaining two cases. Despite the unanimous agreement of the prosecutors and
Cuccinelli (who, as attorney general, was the state's chief law enforcement officer), the court seemingly interpreted the new laws allowing for Haynesworth to make his case more strictly
79:
center where she worked. On
January 21, an 18-year-old woman was sodomized at knifepoint near a grocery store. On January 27, a woman was approached outside her home by a man demanding money and sex; she locked herself inside and called the police while the man fled. On January 30, an 18-year-old
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Cuccinelli said the
Haynesworth case proved that the new state laws allowing non-biological evidence to be presented could work, but that the laws needed to be reworked to make it less difficult to win an exoneration. He said, "to have to prove by clear and convincing evidence that no reasonable
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The case caused law enforcement and criminal justice officials to re-assess the reliability of eyewitness identifications. Neufeld of the
Innocence Project said the dissenting judges "were still somewhat hung up on the fact that a couple women made these misidentifications," and said, "What that
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that Haynesworth was the perpetrator. But, the dissenting judges said sufficient evidence still existed in the victims' original eyewitness identifications of Haynesworth to convict him. They said that the law did not allow for writs of innocence in such cases, rendering them "powerless to act".
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Under this review, semen collected from the January 3, 1984 rape was tested for DNA evidence, a forensic technology that was not available in 1984. The test cleared Haynesworth and implicated Davis. (DNA for another case in which Haynesworth was suspected, but not charged, was tested and it also
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Given the locations and nature of the attacks, and the description of the attacker, police believed one man was responsible. On February 5, 1984, the victim of the January 27 attack saw Haynesworth, a young, African-American man, walking near a grocery store (where his mother had sent him to buy
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Today marks the end of an unimaginable nightmare for Thomas Haynesworth. For 27 years in prison, he always maintained his innocence and continuously displayed tremendous dignity and grace, steadfastly believing that justice would one day be served. Today, justice was in fact served, and Thomas
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groceries) and, believing him to be her attacker, called the police. A police officer pulled up next to Haynesworth, and asked if he would allow a woman whose house was broken into to look at him. The woman identified him as her attacker and he was arrested. Haynesworth was identified in a
34:
Haynesworth was arrested in Richmond at the age of 18 in 1984 after a woman identified him as her attacker. He was convicted of four violent rapes in the East End of the city. He was sentenced to a total of 84 years in prison. Haynesworth maintained his innocence throughout the years of
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Although Haynesworth was in custody, rapes continued to occur in the same neighborhood. At least ten young women reported they were attacked by a young black man who referred to himself as the "Black Ninja". On December 19, 1984, Leon Davis, who resembled Haynesworth, had the same
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If there's good enough reason for everybody to agree, then you'd think your chances of getting over the legal hurdles would be pretty good. He added, "It needs to be a high bar, but the process by which it's handled and the hoops you have to get through, I think, are worthy of
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Haynesworth continued to maintain his innocence. He rejected advice from fellow inmates, who told him to apologize for the purported crimes when he appeared before the parole board, in order to increase his chances of an early release. While imprisoned, Haynesworth earned his
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Cuccinelli began examining the case, covering a wall in his office with evidence. Cuccinelli later said, "It was a complex decision, but it wasn't a hard decision." He also said, "It's hard to describe how painful it is to me that somebody would suffer what he has."
113:, and lived nearby, was arrested and charged with a dozen rapes during the nine months after Haynesworth's arrest. After Davis was arrested, the rapes stopped. Davis was later convicted of several rape charges and sentenced to multiple life terms in jail.
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In its 2012 session, the General Assembly passed a bill granting $ 1,075,178 in compensation to Haynesworth for wrongful imprisonment, and it was signed by Gov. Bob McDonnell on April 5, 2012. Under the legislation, Haynesworth was to receive an initial
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Haynesworth was finally granted the total freedom he so deserves. … An attorney general's job is not convictions when it comes to law enforcement. It's justice. Today we got justice. … I have never experienced the pure joy of today's outcome.
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over 15 years. The legislature also granted an additional $ 100,910 for an annuity to provide Haynesworth with a monthly income of $ 1,516 when he reaches age 60, and provided him with tuition of up to $ 10,000 in the Virginia
53:, who began advocating for Haynesworth. His convictions in two of the cases were vacated, and he was released from prison on parole in March 2011. Haynesworth was fully exonerated in the remaining two cases in December 2011.
46:, which was not available in the 1980s. Semen collected from the first attack implicated the neighbor and ruled out Haynesworth. After reviewing this and other evidence, local prosecutors brought the case to the office of
168:, Ken Cuccinelli, who was State Attorney General when Haynesworth was seeking exoneration, had voted for an earlier version of this law, but it failed.) In 2005, five wrongfully convicted men were exonerated in Virginia.
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asked the state's parole board to review Haynesworth's case. It approved him for parole. On the morning of March 21, 2011 (his 46th birthday), Haynesworth was released from prison on parole. Guards awakened him around
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Despite his release, Haynesworth was dogged by the convictions for the two remaining cases; as new physical evidence was unavailable, these remained on his record. As a result, he was still listed on the state's
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Haynesworth was only the second convict of nearly 200 such cases to be exonerated without the support of DNA evidence. The majority of the court said "a rational trier of fact" could not conclude beyond a
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tests, which he passed. In 2010, Commonwealth's attorneys Michael Herring and Wade Kizer of Richmond and Henrico counties, respectively, brought the case to the attention of Virginia Attorney General
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577:"Roy S. Malpass, Colin G. Tredoux, & Dawn McQuiston-Surrett, "Lineup Construction and Lineup Fairness", to appear as Chapter 9 in R. Lindsay, D. Ross, J. D. Read & M. P. Toglia (Eds.),
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said, "To find Haynesworth guilty, a jury would have to accept the coincidence that there were two guys in the same neighborhood who looked alike and were committing the same crimes."
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amounting to a total of $ 1 million in a lump sum payment, two types of annuities, and tuition at a community college. The legislators wanted to help him make his way in his life.
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passed a law allowing inmates to ask for DNA tests at any time. Numerous persons were serving time who had not been able to use DNA in their trials. In 2002, voters passed a
84:, within blocks of the other attacks. On February 1, a 19-year-old woman was abducted at gunpoint outside her home, but the attacker fled when the woman's dog began barking.
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to allow DNA evidence to be presented by convicted felons after their convictions - and after the 21-day period following conviction that was previously allowed in the law.
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Haynesworth continued working in Cuccinelli's office, and planned to open his own auto repair business. As of December 2012, he was still working in Cuccinelli's office.
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On December 6, 2011, in a 6-4 decision, the Court of Appeals granted writs of innocence in the remaining two rape cases, fully exonerating Haynesworth.
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ordered the State Attorney General's Office to conduct a sweeping review of thousands of cases from between 1973 and 1988, Haynesworth's among them.
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A 2004 law expanded the post-conviction rules to allow courts to consider also new non-DNA evidence, including new testimony. (While serving in the
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Over the course of four weeks in the winter of 1984, five women were assaulted in a series of attacks in and around the East End neighborhood of
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certainty show that eyewitness evidence has been largely responsible for false conviction in more than 70% of cases (www.innocenceproj.org).")
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794:
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Leslie Knuycky, Heather M. Clyder, Sarah E. Cavrak, "Line-up Misidentifications: When Being ‘Prototypically Black’ is Perceived as Criminal"
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and other evidence, the crimes for which he was convicted are now believed to have been committed by a neighbor who resembled Haynesworth.
309:(Note: Convicted felons are prohibited from voting in Virginia, even after they serve their sentences and complete parole or probation.)
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Haynesworth said the compensation was "not what it could have been" but that he was "content" with it. The bill's state Senate sponsor,
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Cuccinelli also said of Haynesworth, "His composure, dignity and faithfulness are an absolute witness to me. I am an admirer here."
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Cuccinelli said that the case was a reminder to him and to prosecutors that "the system isn't perfect, and neither are we."
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four trials, and sentenced to 10 years, 36 years, and 28 years in prison, respectively, for a total of 84 years in prison.
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Appearing alongside Cuccinelli and his attorneys at an emotional news conference following the ruling, Haynesworth said,
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believe." Haynesworth said, "I always believed this day would come," and added, "I didn't think it would take 27 years."
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The court asked for further briefs from the parties to discuss whether the exonerating evidence should be "conclusive".
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Gary L. Wells & Elizabeth A. Olson, "THE OTHER-RACE EFFECT IN EYEWITNESS IDENTIFICATION; What Do We Do About It?"
795:"Statement of Attorney General Ken Cuccinelli on Thomas Haynesworth's state compensation for wrongful incarceration"
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Following the Virginia Supreme Court writ of innocence and Haynesworth's petition for writs in the other two cases,
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tells us is that we still have a long way to go for people to appreciate how often eyewitnesses are mistaken."
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No physical evidence could be found for the other two cases, so the state prosecutors gave Haynesworth two
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issued a writ of innocence to Haynesworth for the charges in the January 3, 1984 case.
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just want your name restored. You want to prove to them that they made a mistake.
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to take home. He walked out of the prison, Greensville Correctional Center in
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Cuccinelli, the local prosecutors, and Haynesworth's lawyers petitioned the
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75:. On January 3, 1984, a 20-year-old woman was raped at knifepoint near the
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427:, Michigan Law & Northeastern Law National Registry of Exonerations
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466:"Cuccinelli tries to help convicted felon Haynesworth clear his name"
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as a result of four wrongful convictions for crimes for which he was
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529:"After 27 years in prison, Richmond man nears proof of innocence"
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Cuccinelli: Va. law should help clear names of wrongly convicted
672:"Man freed after 27 years in prison for crimes he didn't commit"
257:. Because of this status, Haynesworth had to wear an electronic
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Handbook of Eyewitness Psychology (Vol. 2): Memory for People.
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began advocating for Haynesworth. On September 18, 2009, the
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to inform him of his release, and other inmates gave him a
624:"Thomas Haynesworth fully exonerated by Va. appeals court"
133:. He wrote letters to local newspapers, law students, and
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judges to ensure the relief that was obvious to everyone.
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McDonnell signs bill giving $ 1 million to Haynesworth
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National Registry of Exonerations - Thomas Haynesworth
814:"McDonnell signs bill giving Thomas Haynesworth $ 1M"
739:"Va. court exonerates wrongly convicted man in rapes"
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implicated Davis.) After the test, the Mid-Atlantic
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Push for writs of innocence in the Court of Appeals
80:woman was abducted, raped, and sodomized in nearby
42:In 2009, new state laws and procedures allowed for
716:"Cuccinelli Announces Exoneration of Haynesworth"
407:List of wrongful convictions in the United States
274:than the General Assembly intended, according to
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697:"Cleared of Rape but Lacking Full Exoneration"
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870:Overturned convictions in the United States
581:Lawrence Erlbaum & Associates (1999)"
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875:People wrongfully convicted of rape
762:"Faces of 2012: Thomas Haynesworth"
512:, University of Michigan Law School
550:, 2001, Vol. 7, No. 1, pp. 230-246
419:"Exonerations: Thomas Haynesworth"
179:New evidence and first exoneration
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548:Psychology, Public Policy and Law
23:, who served 27 years in state
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564:Applied Cognitive Psychology
271:Court of Appeals of Virginia
196:Cuccinelli begins advocating
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208:, a former state senator.
865:Legal history of Virginia
190:Supreme Court of Virginia
97:by all four other women.
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35:incarceration. Based on
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88:Arrest and prosecution
67:Description of attacks
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370:Peter Neufeld of the
255:sex offender registry
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425:"Thomas Haynesworth"
153:In 2001, Virginia's
144:Push for exoneration
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357:Legal ramifications
59:The Washington Post
800:2013-07-22 at the
744:2012-02-17 at the
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645:2010-03-25 at the
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471:2013-09-28 at the
277:The New York Times
73:Richmond, Virginia
21:Richmond, Virginia
17:Thomas Haynesworth
393:reconsideration."
372:Innocence Project
344:community college
312:Cuccinelli said,
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242:Jarratt, Virginia
222:Virginia Governor
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432:References
159:referendum
136:60 Minutes
111:blood type
29:exonerated
202:polygraph
31:in 2011.
798:Archived
742:Archived
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469:Archived
401:See also
346:system.
335:lump sum
170:Governor
339:annuity
216:Release
131:masonry
127:welding
77:daycare
374:said,
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129:, and
25:prison
591:(PDF)
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232:am
119:GED
37:DNA
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