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Wrongly Convicted, Almost Executed, Awarded $2.25 Million

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David Swanson
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Wilder and Dr. Ferrara have not returned repeated phone calls from the Culpeper News. Jeffrey Ban declined to comment on the grounds that the Attorney Gene-ral's Office is working on the case.

The Attorney General's Office and the Governor's Office both declined to comment.

On the nationally broadcast Frontline television show in January, Hall said, "I couldn't get beyond the deeply seated feeling that the reason Earl didn't get pardoned, conditional or otherwise, had a political component to it, that when the governor left the office of governor, that he had other ambitions, that he wanted to run for the United States Senate, and that he was afraid that Earl Washington, if pardoned, would

be out on the street and commit some crime and would become -- Earl Washington would become Willie Horton to Gov. Wilder's Senate campaign."

Freedman told the Culpeper News Wilder's concern was "probably less a fear that Earl would commit a new crime -- for which there is no history - than a more general sense that freeing a black convicted of a rape and murder would be bad politics."

*****

John Bennett, who prosecuted the case, recently said, "I don't think it is appropriate for me to comment on the specifics of this case since I am now in private law practice and the case is being handled by the state Attorney General's Office and the commonwealth. I would like to make some general observations.

"I appeared before Gov. Wilder's chief of staff to oppose any executive clemency. . . . I was told Gov. Wilder took the action out of humanitarian concerns for Washington's limited intelligence, that it had nothing to do with the question of guilt in the case."

However, Wilder's statement providing a partial pardon does not state that its motivation is humanitarian concern. Rather, it states, "I am of the opinion that the newly discovered evidence interjects an important element into the case which neither the jury that tried the case nor the courts which have reviewed it since the trial have had the opportunity to consider. Had that opportunity arose [sic], I am of the opinion that their opinions as to the appropriate conclusion may have been different."

"Second," said Bennett, "based on everything I've learned in this case, including watching Earl Washington confess, and notwithstanding the questionable conclusions and outright distortions by advocates on behalf of Mr. Washington, Earl Washington committed the crime for which he was properly convicted in Cul-peper County."

Asked what the questionable conclusions and outright distortions were, Bennett declined to comment.

"The jury felt," Bennett continued, "the vileness of his crime, raping and then repeatedly stabbing a young mother in her home while one of her children was at home was itself sufficient to impose the death penalty.

"I feel certain if the law permitted the jury to hear about Mr. Washington severely beating an elderly lady in her own home in Fauquier County and other criminal involvement, it would have done nothing but reinforce the jury's decision to recommend the death penalty."

Asked what the other criminal involvement was, Bennett declined to comment.

Asked about the case recently, Sheriff Hart said Trooper Wilmore, with whom he worked on the case, was deceased and referred questions to Bennett. Beyond that, Hart declined to comment, saying "The court ruled on that case. It's an old case. The jury decided."

Chief Dep. Kenneth Buracker of the Sheriff's Office, who like Hart worked on the case as a town policeman, said re-opening Washington's case is up to the Attorney General's Office. "I'm confident law enforcement did its job and he was given due process."

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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