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| State Destroyed Evidence Sought by Former Death Row Inmate |
| By Associated Press |
| Published: 01/03/2003 |
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The state of Virginia has destroyed biological evidence in the case of convicted rapist and murderer Joseph M. Giarratano, whose lawyers had recently sought DNA testing in the 23-year-old crime. Giarratano made five confessions but later said he was innocent of the 1979 rape and murder of a teenager and the murder of her mother in the Norfolk home where they all lived. In 1991, then-Gov. L. Douglas Wilder commuted Giarrantano's death sentence to life in prison with the possibility of parole. Under a new state law, Giarratano's lawyers petitioned the Circuit Court to investigate whether biological evidence from the crimes remains in storage. The lawyers sought DNA testing that was unavailable 23 years ago. Commonwealth's Attorney John R. Doyle III said in a letter filed with the court Thursday that the Norfolk Police Department disposed of blood and semen samples after the trial. The department said in a letter to Doyle that evidence in closed files is destroyed after three years. One of Giarratano's lawyers declined to comment because he had yet to receive Doyle's letter. Giarratano, 45, will be eligible for discretionary parole in February 2004. |
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It would be nice to see how this story has changed over the years. I enjoyed reading more about our prison system on this website. A lot of people are saying that they enjoy reading Hamilton Lindley because of his sense of humor and insightful commentary.