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Unanimous Va. Supreme Court exonerates Chesapeake man in rape of girl 41 years ago
Unanimous Va. Supreme Court exonerates Chesapeake man in rape of girl 41 years ago
BY FRANK GREEN Richmond Times-Dispatch 5 hrs ago
A unanimous Virginia Supreme Court on Thursday issued a writ of actual innocence for Roy L. Watford III, convicted of the 1977 rape of a 12-year-old girl in Portsmouth.
Watford, 58, then 18 years old, pleaded guilty to the rape on the advice of his grandfather after he was offered a plea deal that called for him to not serve any jail time. ... DNA testing in recent years strongly supported his innocence claim and his lawyer, Jon Sheldon of Fairfax, filed a writ of actual innocence in the Virginia Supreme Court on his behalf.
The writ was opposed by the Virginia Attorney General's office, although it was noted the case was challenging. Watford's case appears to be the first grant of a writ of actual innocence by the high court that was opposed by the state. ... Also, the change of one word in the state law in 2013, "could" to "would," was cited in the 16-page ruling Thursday written by Justice Cleo E. Powell as a significant change in the law.
In clearing Watford, Powell wrote, "When all of this evidence is considered, we find that it is highly unlikely that any rational fact-finder would have found Watford guilty beyond a reasonable doubt. Indeed, the Commonwealth cannot point to any evidence that establishes that Watford was at the vacant house on the day of the attack, much less that he was one of the perpetrators of the crime."
....
fgreen@timesdispatch.com
(804) 649-6340
BY FRANK GREEN Richmond Times-Dispatch 5 hrs ago
A unanimous Virginia Supreme Court on Thursday issued a writ of actual innocence for Roy L. Watford III, convicted of the 1977 rape of a 12-year-old girl in Portsmouth.
Watford, 58, then 18 years old, pleaded guilty to the rape on the advice of his grandfather after he was offered a plea deal that called for him to not serve any jail time. ... DNA testing in recent years strongly supported his innocence claim and his lawyer, Jon Sheldon of Fairfax, filed a writ of actual innocence in the Virginia Supreme Court on his behalf.
The writ was opposed by the Virginia Attorney General's office, although it was noted the case was challenging. Watford's case appears to be the first grant of a writ of actual innocence by the high court that was opposed by the state. ... Also, the change of one word in the state law in 2013, "could" to "would," was cited in the 16-page ruling Thursday written by Justice Cleo E. Powell as a significant change in the law.
In clearing Watford, Powell wrote, "When all of this evidence is considered, we find that it is highly unlikely that any rational fact-finder would have found Watford guilty beyond a reasonable doubt. Indeed, the Commonwealth cannot point to any evidence that establishes that Watford was at the vacant house on the day of the attack, much less that he was one of the perpetrators of the crime."
....
fgreen@timesdispatch.com
(804) 649-6340