Posted on 01/12/2006 12:41:12 PM PST by The Lumster
RICHMOND, Va. - New DNA tests confirmed the guilt of a man who went to his death in Virginia's electric chair in 1992 proclaiming his innocence, the governor said Thursday.
The case had been closely watched by both sides in the death penalty debate because no executed convict in the United States has ever been exonerated by scientific testing.
(Excerpt) Read more at comcast.net ...
1992 Time Magazine cover w/Roger Keith Coleman ping:
http://www.time.com/time/covers/0,16641,1101920518,00.html
Excellent find.
Great idea!
Here's a write up from Moratorium Now
This was a pretty convincing account - well at least it was until today!
Roger Keith Coleman (Virginia)
Allegations
On May 20, 1992, the State of Virginia, with the acquiescence of the federal government, executed Roger Keith Coleman in the electric chair. New evidence, including evidence that another man committed the crime, failed to stop his execution. The state and federal governments failed to secure Coleman's right to a fair and impartial trial. A missed deadline barred appellate review and resulted in his execution.
Crime
Wanda McCoy was attacked in, or just outside, her home on March 10, 1981. She was then raped and murdered. There was little sign of a struggle and, as she seldom opened the door when she was home alone, it was assumed she had allowed her attacker to come into the house. Roger Coleman, her brother-in-law, had access to the house and immediately became a suspect. Coleman, who worked in a mine, had reported to work that night but had left when his shift was dismissed. A fingerprint was found on the front screen door and a pry mark on the front door molding, and bloodstains inside the house. The victim had broken fingernails, cuts on the hands, and a dark, dusty substance on her body. The autopsy report recorded wounds to her chest and throat, but did not mention defensive wounds on her hands or a bruise on her arm. Limited forensic testing was done.
Salient Issues
Coleman had a well-documented list of his whereabouts on the night of the murder and several alibi witnesses who gave affidavits.
The state's own timeline of events the night of the murder suggested it was unlikely Coleman could have committed the murder.
Physical evidence from the crime scene – including soil on McCoy's hands, an unanalyzed fingerprint on the front screen door of her house, and a pry mark on a door molding – contradicted the prosecution's theory that the victim willingly allowed her murderer to enter her home, a theory used to convict Coleman.
The prosecution claimed that there was little sign of a struggle. However, the victim had defensive wounds, including cuts on her hands, broken fingernails, and a bruise on her upper arm but the defense did not introduce this evidence.
Testing of semen did not rule out Coleman but later forensic opinions based on more sophisticated DNA testing indicated a second person may have participated in the crime.
At trial, the prosecution presented evidence given by a jailhouse informant who alleged Coleman had confessed to the crime. The informant was released from jail soon after testifying.
Another man later stated that he had killed Wanda McCoy. This man had a history of violence and rape.
Coleman's chances to appeal his conviction in state and federal courts were restricted when his lawyers missed a deadline for filing his original appeal in state court by one day.
The Trial
There was intense pressure in the community for an arrest in the McCoy murder, and police were frustrated at the lack of evidence tying Coleman to the crime. Coleman had been convicted of attempted rape several years earlier despite his denial of involvement and having an alibi. He served almost two years in prison and was released with a record as a sex offender. This affected his trial for the McCoy murder. Furthermore, McCoy's husband had immediately named Coleman as a likely suspect because of his access to the McCoy household as Wanda's brother-in-law. An expert for the state examined two hairs taken from the victim's body, compared them with Coleman's, and found they were consistent with his hair type. Coleman's attorney did not present effective challenges to this testimony.
The state presented a seemingly impossible series of events between Coleman's arrival at the mine and the victim's husband's discovery of her body, but the prosecution was able to point out some uncertainties in testimony of alibi witnesses. Blood type testing did not rule Coleman out, nor did it show he had a role in the murder.
A jailhouse informant claimed Coleman had confessed to him while Coleman was in the county jail awaiting trial. No other suspect was asked to provide hair or blood samples for comparison with those recovered from the victim's body. Roger Coleman was convicted and sentenced to death.
Appeals
Confusion and disagreements about deadlines in the state courts led to a judge's order refusing the state habeas corpus petition. Coleman's lawyers had 30 days under Virginia law to file an appeal to the refusal.
Their calculations were different than those of the state. They sent the appeal by regular, not certified mail, and it arrived after the 30-day deadline. Coleman's appeal was, therefore, dismissed without review. This ruling crippled Coleman's subsequent attempts to have his claims heard.
The U.S. Supreme Court supported the state's position that the missed deadline precluded federal review of his habeas claims. Clemency was refused partly because of the certainty with which the courts refused the appeals.
Before Coleman's scheduled execution, Governor Douglas Wilder agreed to grant clemency if Coleman passed a polygraph test. Coleman failed the test just hours before he was executed.
Conclusion
Roger Keith Coleman was executed despite compelling evidence of his innocence. Coleman's attorneys had made claims about a biased jury, ineffective assistance of counsel, and exculpatory evidence withheld by the state, all of which would have been constitutional violations.
The merits of these claims were never considered because his lawyers missed a deadline by one day. He was executed without full review. As U.S. Supreme Court Justice Harry Blackmun observed in his dissent, "one searches the majority's opinion in vain for any mention of Coleman's right to a criminal proceeding free from constitutional defect or his interest in finding a forum for his constitutional challenge to his conviction and sentence of death."
Present Situation
A Virginia court was asked in 2000 to order new DNA testing on physical evidence. An independent laboratory is still holding the samples, and the State of Virginia has demanded their return. Fearing that the state may never make appropriate use of the samples, the lab has refused to release them. A state court hearing is scheduled for December.
Navy Seal, hahahaha
BTW, I'll send some campaign dollars to support you if you can convince Mark Steyn to run!
Oh baloney. The entire town knew this man was a sexual deviant. No one from Grundy had any doubts about this.
Before he was arrested for this he was caught masturbating in the public library and he exposed himself on other occasions.
I heard the prosecutor's response this afternoon. He said "It would be more likely for Martians to land and take over the Earth than for this man to be found innocent."
ooohhh you meant to prove that he WASN'T the killer. I was thinking how in the world could they tamper to prove he was!
I suppose it could be done either way.
Me too, until I read your post and got it cleared up! Thanks!
NPR did five minutes on it last evening, and the Washington Post had it on the front page this morning.
"the dims can't politicizr it noe..."
Neither can the conservatives---this story will never reach the light of day in the msm.
"Have you ever noticed the spelling challenged over DUmmieland compared to FR? Not that we don't have the occasional goof, but it's not as fourth grade illiterate as over there."
A previous post in this thread referred to the executed man as a "lier", so I'd say neither site has reason to be overly proud. ;-D
>>>A previous post in this thread referred to the executed man as a "lier", so I'd say neither site has reason to be overly proud. ;-D>>>
Yeah, after I posted I read that and cringed. LOL
Hitting the "post" button and submitting an spelling or grammatical error is just too easy. Unless a post is ridden with mistakes I try to cut the writer some slack.
Some of our signature FR catchphrases started off as spelling gaffes - "stuned", "beeber", "hugh", and "series" spring to mind. Not to mention the common misconception that one who loses is a "looser". Not a one (or should that be "noone"?) of us hasn't wished for an "edit post" button at one time or another, I'd bet.
I have no love for the DUmpacraps, but spelling errors in online posts aren't an exclusive left-wing phenomenon.
I didn't say they were a left wing phenomenon, especially since I'm sure we could pick apart my posts all day. And I certainly am not the grammar/spelling police. I do notice on a regular level the people on DU tend to misuse words to make themselves appear more intellegent. Such as the "seamen" for "semen" comment that started this whole thing with my comments on spelling.
At anyrate, I will take note of the 10 or so posters who have reminded me that all sides have poor spellers. Duly noted. The point I was trying to make was that at least it appeared that Freepers tend to be more intellegent. I could be wrong though... ;o)
Texas has allowed defendants to request a post-conviction DNA test since 2001. There have been less than a handful of exonerations and none from its famous death row.
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