For Release: September 18, 2009
Contact: David Clementson
Email: dclementson@oag.state.va.us
Phone: 804-786-2071
Statement of Attorney General Bill Mims
~ On the Supreme Court of Virginia granting writ of actual innocence ~
“For the first time, the Supreme Court of Virginia has awarded a writ of actual innocence in a case based on biological evidence. Our office agreed that Thomas Edward Haynesworth was entitled to relief under the statute and we are pleased the Court has awarded that relief.
“A jury convicted Thomas Edward Haynesworth of rape in 1984. Recent DNA analysis, conducted as part of an ongoing review of Department of Forensic Science files ordered in 2005, however, had eliminated Haynesworth as a possible contributor of the physical evidence recovered from the rape victim. Moreover, subsequent analysis identified another individual, who is currently incarcerated for multiple unrelated sexual assaults, as the contributor of the DNA.
“Given the circumstances, and with the concurrence of Richmond Commonwealth’s Attorney Michael Herring, I asked the Court for expedited review of Haynesworth’s petition. The Court granted our request and granted relief based upon the pleadings.
“Pursuant to the Court’s order, the 1984 conviction has been remanded to the Circuit Court for the City of Richmond with an order that the conviction be immediately expunged. This case highlights the effectiveness of the actual innocence statute. When there is compelling evidence of actual innocence, our Office works quickly and diligently to ensure that justice is done.”
