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Exonerated Death Row Inmate Awarded $2.25 Million
http://articles.news.aol.com/ ^ | 5 5 06 | ZINIE CHEN SAMPSON

Posted on 05/06/2006 2:49:09 AM PDT by freepatriot32

A federal jury on Friday awarded $2.25 million to a Virginia man who claimed a police investigator fabricated a rape and murder confession that sent him to death row.

Earl Washington Jr., who came within nine days of being executed, had sued the estate of the state police investigator, Curtis Reese Wilmore, who died in 1994. Jurors awarded Washington damages upon finding that Wilmore deliberately fabricated evidence that led to his conviction and death sentence.

"I feel great - and happy," a smiling Washington said after the verdict.

Washington spent nearly 18 years in prison. He was pardoned in 2000 by then-Gov. Jim Gilmore after sophisticated DNA testing, unavailable at the time of the crime, linked a convicted rapist to the murder.

William G. Broaddus, an attorney for the Wilmore estate, declined to comment after the verdict, other than to say he is considering an appeal.

Washington's attorneys claimed that Wilmore fed their client, who is mildly retarded, specific details that he used in his false confession to the slaying in 1982 of Rebecca Lynn Williams in Culpeper, Va.

For example, Washington said he left a bloodstained shirt in a dresser drawer in a back bedroom of the victim's home, his attorneys noted. Police never revealed the information publicly.

During the trial, a psychologist testified that investigators could easily manipulate Washington because of his mental deficit.

Washington's attorney, Peter Neufeld, said after the decision that the case boiled down to "two men in a room with the door closed. When they walk out, there's a confession with all kinds of nonpublished details."

Said Neufeld: "We learn years later that one of the men could not have possibly have known those details. Therefore, they had to come from the other fellow in this case, Special Agent Curtis Reese Wilmore."

Wilmore's lawyers acknowledged Washington's innocence but argued that Wilmore did not fabricate the confession.

Washington is now a maintenance worker in Virginia Beach.

Neufeld said Washington's attorneys will attempt get the state to pay the damages against Wilmore's estate.

"When he engaged in misconduct he did it as an agent of the commonwealth," Neufeld said, adding that the attorney general's office paid powerhouse law firm McGuireWoods to defend Wilmore's estate.

A telephone message The Associated Press left Friday with the attorney general's office was not immediately returned.


TOPICS: Culture/Society; News/Current Events; US: Virginia
KEYWORDS: awarded; charlottesville; deathrow; dna; donutwatch; exonerated; govwatch; inmate; leosgonewild; libertarians; million; virginia
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Exonerated death row inmate Earl Washington Jr. calls his wife Friday after a federal jury awarded him $2.25 million. "I feel great," he said after the verdict.
1 posted on 05/06/2006 2:49:14 AM PDT by freepatriot32
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Comment #2 Removed by Moderator

To: freepatriot32
A federal jury on Friday awarded $2.25 million to a Virginia man...

How much does he get to keep after taxes and Attorney fees? :0)

3 posted on 05/06/2006 3:20:35 AM PDT by Cowboy Bob (Liberalism in a parasite that ALWAYS kills its host.)
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To: diallo
Aslong as the trial was fair Mr. Washington shouldn't get a dime.

How fair was it with fabricated evidence?

Washington shouldn't get a dime.

You art right there, he should get $25 million, instead of the 2.5 that he got. How much would 18 years of your life stolen from you be worth?

4 posted on 05/06/2006 3:21:36 AM PDT by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: diallo

Mistake? The lead investigator fabricated evidence by coercing a mentally deficient man into confessing.


5 posted on 05/06/2006 3:23:49 AM PDT by kenth
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To: diallo

What a moron you are. Have 18 years of YOUR LIFE taken away from YOU because a rogue cop fabricated evidence to get a conviction and death sentence and THEN come back and tell us the constitution ONLY guarentees a "fair" trial.

$2.5 million is not enough. I only wish the cop were still around to do the time for HIS CRIME.


6 posted on 05/06/2006 3:29:53 AM PDT by Neville72 (uist)
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To: diallo
"The Constitution guareentees you a fair trial not a perfect one. While it is ashamed that the gentleman was unjustly convicted, mistakes happen. Aslong as the trial was fair Mr. Washington shouldn't get a dime. It seems that the jury was voting with their hearts and not their heads."

He did not sue the state for a bad trial. He sued the estate of an individual for doing something that, if true, is one of the most evil things anyone can do.

7 posted on 05/06/2006 3:30:32 AM PDT by Montfort (Check out the 200+ page free preview of The Figurehead by Thomas Larus at lulu.com/larus)
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To: diallo

The trial was not fair. The police had to have lied to put someone innocent on death row.


8 posted on 05/06/2006 3:30:44 AM PDT by Iwentsouth
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To: Graybeard58
I agree wholeheartedly. I usually cringe at these large awards, but in this case I feel that not only was justice served it could have been served in a bigger portion.

Eighteen years gone. I can't even begin to imagine.
9 posted on 05/06/2006 3:32:27 AM PDT by stentorian conservative
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To: diallo
The Constitution guareentees you a fair trial not a perfect one.

And in accordance, the Wilmore estate got a day in court.

It seems that the jury was voting with their hearts and not
their heads.


Sounds like the jury heard the evidence and rendered their verdict.
Just doing their part to render a fair, if not perfect trial.

But, in honesty, I feel the guvmint should have some better mechanism
for at least trying to make wrongly convicted defendents "whole".
Or at least help them get back on track in their life.

I think one of Bill Curtiss' shows on A&E tracked some of the absolved
fellows like Mr. Washington. And showed that the legal system does
basically nothing to help them get back to living a normal life
after release from prison.
Thus virtually assuring lawsuits like the one mentioned in this article.
10 posted on 05/06/2006 3:41:31 AM PDT by VOA
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To: diallo
The Constitution guareentees you a fair trial not a perfect one. While it is ashamed that the gentleman was unjustly convicted, mistakes happen.

terribly sorry about the 3000+ days stolen from your life and the 60,000 volts, chap - do stay for tea

Aslong as the trial was fair Mr. Washington shouldn't get a dime. It seems that the jury was voting with their hearts and not their heads.

the original trial jury based thier judgment on erroneous information

....and we try and justify a death penalty while railroading challenged minds ?

assinine

11 posted on 05/06/2006 3:52:04 AM PDT by Revelation 911 (God is love, Love endures forever, Love God, Love your neighbor,)
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To: diallo
When someone intentionally harms another person unjustly, the victim has every right to seek an damage award.

In this case it doesn't matter an iota that the criminal jury convicted him. They convicted him based on false evidence. The jury was not the party that fabricated the confession. Mr. Washington did not sue the court. He sued the estate of the police investigator that fabricated the report.
12 posted on 05/06/2006 3:57:58 AM PDT by backtothestreets
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To: Graybeard58

"Aslong as the trial was fair Mr. Washington shouldn't get a dime.
How fair was it with fabricated evidence?

Washington shouldn't get a dime.

You art right there, he should get $25 million, instead of the 2.5 that he got. How much would 18 years of your life stolen from you be worth?"



I agree completely ... cases like this will bring a call for new trials for people who are about to get the hot seat if their original convictions were in the pre-DNA era.


13 posted on 05/06/2006 4:02:13 AM PDT by MaDeuce (Do it to them, before they do it to you! (MaDuce = M2HB .50 BMG))
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To: diallo
The Constitution guareentees you a fair trial not a perfect one. While it is ashamed that the gentleman was unjustly convicted, mistakes happen. Aslong as the trial was fair Mr. Washington shouldn't get a dime. It seems that the jury was voting with their hearts and not their heads.

My father always said that he was in favor of capital punishment as long as those judges who make fatal mistakes are being executed too. This is also my point of view, since only then we can be sure that only those who are really guilty would go to the gallows. Hard imprisonment can be ended and -like in this case- compensation can be payed. This is not possible if the sentence of death is executed.

In dubio pro reo

14 posted on 05/06/2006 4:03:51 AM PDT by Atlantic Bridge (De omnibus dubitandum.)
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To: diallo

When a cop falsifies evidence it can not ever be a fair trail.


15 posted on 05/06/2006 4:08:24 AM PDT by TXBSAFH (Proud Dad of Twins, What Does Not Kill You Makes You Stronger!!!!!!)
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To: diallo
"The Constitution guareentees you a fair trial not a perfect one. While it is ashamed that the gentleman was unjustly convicted, mistakes happen. Aslong as the trial was fair Mr. Washington shouldn't get a dime. It seems that the jury was voting with their hearts and not their heads."

If, even with fair effort, I screw up my taxes, I am still assessed a fine. When the government screws up they should pay. So long as they get to decide who gets arrested, who gets indicted, what is admissable evidence and what a sentence should be, the government owns the process and owns the error

16 posted on 05/06/2006 4:09:07 AM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopechne is walking around free)
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To: diallo

you would do well in iran or 1930s germany.


17 posted on 05/06/2006 4:12:08 AM PDT by jabotinsky ("I die with Jabotinsky's name on my lips" - Shlomo b.Yosef, moments before his hanging by Brits)
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To: Graybeard58

don't forget the mental anguish from coming within 9 days f execution knowing that your innocent.

What isn't fair is that for all this guy has been through, he's getting less money than the woman who spilled hot coffee on her lap at the McDonalds drive thru.


18 posted on 05/06/2006 4:12:29 AM PDT by diverteach
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To: Graybeard58
I have mixed feelings about this result.

First, I do think the wrongly convicted person should be rewarded for the loss of 18 years of his life. The cop that manufactured the confession was an agent of the state. That makes the state have some responsibility for this. In addition the state should have required that any confession be video taped so that it is clear the suspect wasn't lead.

Suing the estate of the bad cop doesn't punish the bad cop - he's dead. It punishes the innocent family of the bad cop. Well after the fact. If he does have a family then I have mixed feelings about that.
19 posted on 05/06/2006 4:14:36 AM PDT by DB (©)
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To: diallo
As long as the trial was fair Mr. Washington shouldn't get a dime.

You spend 18 years in prison including time on death row waiting for Mr. Needle, then check back with us and let us know how you feel about that, eh?
20 posted on 05/06/2006 4:23:46 AM PDT by mkjessup (The Shah doesn't look so bad now, eh? But nooo, Jimmah said the Ayatollah was a 'godly' man.)
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