Earl Washington, exonerated.

For Immediate Release
Monday, February 12, 2001 Contact: Laura Burstein, (202) 822-5200 ext.
222, or Marci Bransdorf (202) 822-5200 ext. 253

Earl Washington is Freed from Prison
First Virginia Death Row Case to Result in Exoneration and Pardon

U.S. Representative Bobby Scott (D-VA), Exonerated Americans and Legal
Team Welcome Earl Washington in Virginia Beach

State Prevents Washington from Attending Reception in His Honor at the
U.S. Capitol

Virginia Beach, Va. -- Earl Washington, who was once within days of
execution, today became the first person exonerated and freed in a
Virginia death penalty case.

After many years of legal battles, DNA tests cleared him of the crime for
which he was wrongly convicted. Mr. Washington's release from prison after
nearly 18 years of incarceration brings the number of death row
exonerations in the United States to 95 since 1973.

"This case illustrates everything that is wrong with the death penalty
system," said Eric M. Freedman, a death penalty expert who teaches at
Hofstra Law School and has represented Mr. Washington since 1985. "The
pressures of interrogation led a mentally retarded black man to confess
falsely to the rape and murder of a white woman. Then, after the
incompetence of his trial lawyer resulted in his conviction and death
sentence, the legal system refused to address the injustice and left him
to the tender mercies of politically-driven officials."

Mr. Washington, who has the mental age of a 10-year old and cannot name
the colors of the American flag, was convicted in January 1984 of the rape
and murder of Rebecca Williams. The conviction was based on a "confession"
consisting of Mr. Washington’s repetition of statements made to him by
police officers.

Although no physical evidence linked Mr. Washington to the crime, he
served nearly a decade on Virginia's Death Row. In 1985, he came within
nine days of execution before another inmate was able to attract enough
outside attention to obtain him a volunteer lawyer.

In 1993, DNA tests excluded him as a suspect. But Governor Douglas Wilder,
then seeking a seat in the Senate, refused to free him. Rather, hours
before the expiration of his term in office, Governor Wilder commuted
Washington’s sentence to life in prison.

In October 2000, after Governor James Gilmore had been persuaded to grant
additional DNA testing that confirmed the first results, Mr. Washington
received a full pardon. But the Governor refused to order his release,
forcing Mr. Washington to complete an unrelated prison term – even though
he would have been paroled on those charges some eight years ago had it
not been for the wrongful capital conviction. Mr. Washington’s release to
parole supervision today took place on the last legally permissible date.

Noting that Washington's release is yet another example of an inmate who
has been exonerated through access to improved DNA testing, Senator
Patrick Leahy (D-Vermont) -- who is author of the Innocence Protection Act
-- and Virginia Congressman Robert C. "Bobby" Scott (D) invited Washington
to Capitol Hill. The members planned to discuss Washington's case and
steps Congress can take to protect others from wrongful conviction. The
meeting was to be followed by a reunion between Washington and his family,
whom he has not seen since 1983.

On Wednesday, two days before Washington and his legal team were to meet
with the lawmakers, the Virginia Department of Corrections announced that
Mr. Washington would not be permitted to leave the locality of his new
residence.

"This final act of mean-spirited vindictiveness is consistent with
Virginia’s attempt throughout this case to cover up its near-fatal
errors," said Professor Freedman. "The state has taken every possible step
to defend this indefensible conviction to the last gasp, and there are
obviously officials who are still frustrated that it was not Mr.
Washington’s gasp."

"Virginia refused to spend the few thousand dollars that it would have
cost to give Mr. Washington justice. As a result, an array of volunteer
professionals had to donate some $10 million worth of services, Mr.
Washington lost almost 18 years from the prime of his life, and the true
killer remains unidentified. If Virginia is going to retain the death
penalty, it has an obligation to implement meaningful reforms to assure
that such a breakdown can never occur again."

For more information, please contact Laura Burstein at (202) 822-5200 x
222.