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| Virginia Lawmakers Turn Down Payment to Ex-Inmate |
| By The Virginian-Pilot |
| Published: 03/05/2003 |
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A panel of legislators have rejected a request to pay Earl Washington Jr. $1 million for the nine years he spent on death row for a rape and murder he did not commit. The 5-2 vote does not automatically kill the compensation measure, HB2662, but members of the House of Delegates made it clear they want to delay paying damages to Washington for at least a year. A majority of the lawmakers said they would be willing to give Washington a smaller amount. However, they wanted to wait on the outcome of a pending lawsuit against officials in the town of Culpeper and Fauquier County. Washington's attorneys say law enforcement officers coerced a confession from their client, who is mildly retarded. The General Assembly is considering two requests for compensation from men who were wrongfully convicted of crimes. The Senate gave preliminary approval for a $1.5 million claim, SB863, filed for Marvin Lamont Anderson, who served 15 years in prison for the rape and abduction of a Hanover County woman. Anderson was the first prisoner to be exonerated by DNA evidence in Virginia. House members who reviewed the Washington claim Sunday said they will likely agree to a financial award for Anderson, although they were inclined to be less generous than the Senate. Del. Riley E. Ingram, R-Hopewell, said the cases differ because Washington does not dispute that he beat an elderly woman in an incident unrelated to the wrongful murder conviction. Washington was sentenced to 30 years in prison for that attack. He served 18 years for the assault and murder convictions, with half of his term spent on death row. The director of the Virginia Criminal Sentencing Commission determined that Washington would have served between five and seven years for the assault if he had not also been convicted of murder. In contrast to Washington, Anderson has no criminal record. ``He's entitled to something,'' Ingram said of Anderson. 'Now, whether we should make him a millionaire, that's another question.'' Last year, the legislature awarded its largest claim ever, $750,000, to a New Kent County man who spent 11 years in prison for a murder he did not commit. The three claims are raising questions about whether Virginia needs to establish guidelines for compensating people who are wrongfully convicted of crimes. Fifteen states and the District of Columbia have laws to determine such awards, according to the National Conference of State Legislatures. Maryland and Tennessee limit claims to actual damages; North Carolina allows $10,000 for every year in prison with a cap of $150,000; California allows $100 per day, up to a maximum of $10,000; and Texas allows $25,000 for every full year served in prison, up to 20 years. Former Illinois Gov. George Ryan cleared death row in his state this month, basing his decision on several high-profile reversals of convictions. The state caps claims at $35,000, but some cases of egregious misconduct have legal grounds for larger settlements. Cook County agreed to pay $36 million to four men wrongfully sent to death row. Richard Dieter, executive director of the Washington, D.C.-based Death Penalty Information Center, said men wronged by the state are entitled to compensation for the difficulties they face in clearing their names, readjusting to society and getting a job. Washington's lawyer, Robert T. Hall, said his client planned to use the money he requested for a house and perhaps a car. Washington makes about $12,000 a year working full time as a janitor in Virginia Beach, Hall said. |
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