Hall said the electrophoresis testing on the blanket excluded Washington, according to the state forensic labs. He maintains, and the state lab agrees, that a genetic marker (PGM 2-1) could not have been Washington's or the victim's husband's. It was on this basis that the lawyers filed for habeas corpus.
According to Freedman, this testing is much like that for blood type. It identifies larger groups of people than does DNA testing. "If that excludes you, DNA certainly will."
*****
This information was not introduced in the trial, because - as Freedman said the defense lawyer has admitted - he didn't read the lab report thoroughly or understand it. "It's a big technical document," Freedman explained. "Nothing jumps out at you."
The lead defense lawyer for the trial was Scott. It was on the basis of Scott's failure to introduce the lab evidence at the trial, as well as his failure to make use of police notes from the questioning of Washington, that Freedman and his colleagues appealed the case, claiming ineffectual counsel.
As reported in another paper and recently confirmed by Scott, the defense lawyer said at the time that he did not object to the accusation because "we're talking about a man's life, and he deserves every shot he can take."
The Circuit Court said that whatever the shortcomings in Scott's legal work on the case, this failure was harmless because of Washington's confession - this despite the fact that four similar confessions turned out to be bogus and resulted in dismissed charges or no charges at all.
Scott appeared in the Frontline program that aired in January. In a recent conversation with the Culpeper News, he said the program was actually filmed nearly two years ago. Asked about criticism of his legal performance, Scott said, "Whatever remedy that was pursued and was offered by the court system should have been pursued and was pursued vigorously and should have been pursued vigorously."
When asked about specific parts of the original trial, Scott said, "It is my understanding that this may be considered again to be an active case. As a member of the judiciary, I can't comment on an open case."
*****
By 1993 DNA testing was available, though the technology involved has been evolving rapidly since that time.
Wilder knew of the results of two DNA tests when he commuted the sentence. These tests were performed in 1993 and 1994 by Jeffrey Ban at the state forensic laboratories in Richmond directed by Dr. Paul Ferrara.
The results were sent from the lab to the governor's office. The first test was of semen removed from the vaginal area of the victim.
Ban's report is dated Oct. 25, 1993. The test was performed using the latest technology available, namely a DQ alpha test. It found three alleles: 1.1, 1.2, and 4. An allele is a genetic marker. All humans have two of them, and the combination is referred to as a genotype.
Earl Washington has no 1.1, but has 1.2 and 4. Williams and her husband also have no 1.1. They both have 4 and 4. This means the 1.1 came from someone other than Washington, the victim or her husband.
The Attorney General's Office responded to this with what has been called the unindicted co-ejaculator theory. Some of the semen, this theory contends, could have come from Washington as long as there were two attackers or the victim had consensual sex early that morning with someone other than her husband while her young children were asleep.
According to Freedman, this testing is much like that for blood type. It identifies larger groups of people than does DNA testing. "If that excludes you, DNA certainly will."
*****
This information was not introduced in the trial, because - as Freedman said the defense lawyer has admitted - he didn't read the lab report thoroughly or understand it. "It's a big technical document," Freedman explained. "Nothing jumps out at you."
As reported in another paper and recently confirmed by Scott, the defense lawyer said at the time that he did not object to the accusation because "we're talking about a man's life, and he deserves every shot he can take."
The Circuit Court said that whatever the shortcomings in Scott's legal work on the case, this failure was harmless because of Washington's confession - this despite the fact that four similar confessions turned out to be bogus and resulted in dismissed charges or no charges at all.
Scott appeared in the Frontline program that aired in January. In a recent conversation with the Culpeper News, he said the program was actually filmed nearly two years ago. Asked about criticism of his legal performance, Scott said, "Whatever remedy that was pursued and was offered by the court system should have been pursued and was pursued vigorously and should have been pursued vigorously."
When asked about specific parts of the original trial, Scott said, "It is my understanding that this may be considered again to be an active case. As a member of the judiciary, I can't comment on an open case."
*****
By 1993 DNA testing was available, though the technology involved has been evolving rapidly since that time.
Wilder knew of the results of two DNA tests when he commuted the sentence. These tests were performed in 1993 and 1994 by Jeffrey Ban at the state forensic laboratories in Richmond directed by Dr. Paul Ferrara.
The results were sent from the lab to the governor's office. The first test was of semen removed from the vaginal area of the victim.
Ban's report is dated Oct. 25, 1993. The test was performed using the latest technology available, namely a DQ alpha test. It found three alleles: 1.1, 1.2, and 4. An allele is a genetic marker. All humans have two of them, and the combination is referred to as a genotype.
Earl Washington has no 1.1, but has 1.2 and 4. Williams and her husband also have no 1.1. They both have 4 and 4. This means the 1.1 came from someone other than Washington, the victim or her husband.
The Attorney General's Office responded to this with what has been called the unindicted co-ejaculator theory. Some of the semen, this theory contends, could have come from Washington as long as there were two attackers or the victim had consensual sex early that morning with someone other than her husband while her young children were asleep.
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