Thursday, August 15, 2013

Wrongly Accused, Convicted & Incarcerated Hanover County, Virginian Marvin Anderson on Katie Couric Show

Part 1

Virginian Marvin Anderson’s story has been told before. 

In December 1982 at the age of 18 years old Marvin was wrongly convicted and incarcerated of rape in Ashland, Virginia (Hanover County) and after 15 years in prison he was released and required to register as a Violent Sex Offender. Then in 2001 the Innocence Project got involved and found DNA from his case, the results confirmed he was not the perpetrator. In 2002 (20 years later) Governor Mark Warner granted Mr. Anderson a full (absolute) pardon, not only clearing his name but eliminating the requirement to register as a sex offender. Partial (simple or conditional) pardons would not have eliminated the registration requirement.   

Innocent and wrongly convicted Virginian’s are not the exception they are much more prevalent than the State will ever admit. Just like in the West of Memphis documentary revealed, Prosecutors and Attorney Generals are more concerned with being re-elected and saving-face when it comes to their conviction record than admitting they made a mistake and need to look for the real perpetrator. 

Thankfully there was DNA to right this terrible wrong, but for many who were convicted by an accusation alone justice will never be served. 

Part 2-

Part 3 

Part 4- 

We will never know how many of the registered sex offenders in Virginia were convicted because of our inferior “an accusation is sufficient and no corroboration is required” for sexual assault, sexual battery, sodomy or object sexual penetration.

We only know of a handful of exonerated registered offenders Virginians because they had DNA evidence available, but the fact is more than 80% of criminal cases don’t have DNA.  

In Virginia evidence or the lack of evidence is inconsequential in convicting a sex criminal, consider Thomas Haynesworth, Bennett Barbour, Earl Washington, Arthur Whitfield and the Norfolk 4.  

What abut Jonathan Montgomery; he has no DNA just a false claim that alone was sufficient to send him to prison for 7.5 years in or state. Perhaps if the Commonwealth hadn’t lowered the threshold of proving guilt in a sexual assault accusation years ago Mr. Montgomery wouldn’t have suffered as so many others have and will 

Thankfully there was DNA to right this terrible wrong for Mr. Anderson, but for many who were and will be convicted by an accusation alone, justice will never be served.