The Virginia State Crime Commission met Wednesday in Richmond and gave their endorsement to a proposed bill that, if passed, would allow convicted offenders an unlimited amount of time to introduce new evidence of their innocence, potentially even years after sentencing.
As it stands now, Virginia's 21-day rule denies judges the ability to consider these claims of innocence if they are made over three weeks after a defendant's sentencing hearing. Currently, the Writ of Actual Innocence -- passed in 2001 -- allows the introduction of new evidence only in the case of DNA evidence. Judges are prohibited from considering other new, potentially vindicating evidence under the rule -- for example video tape, fingerprints or ballistics.
The proposed measure -- which will go before the General Assembly in January -- has met mixed reviews from both legislators and advocacy groups. Representatives of groups such as Virginians for Alternatives to the Death Penalty, for example, said while the proposal should be praised for changing the time limit and limitations on the types of admissible evidence, it falls short in that it denies offenders who have plead guilty to introduce evidence of innocence.
"The irony is that the present 21-day rule allows those who have pled guilty to introduce evidence," said VADP Director Jack Payden-Travers. "It's almost like what's being practiced in Richmond is a little bit like a facade of justice, a slight of hand where they're saying, 'Okay, we've got to do away with the rule because Virginia is the most stringent in the nation, but on the other hand, we're going to make the standards so stringent that no person is going to be able to meet them.'"
Payden-Travers said he sees the proposed change as a "slap in the face to Virginia voters" who, in 2001, approved an amendment to the constitution that allows convicted felons to present potentially exonerating DNA evidence to the Virginia Supreme Court -- the body that originally authored the 21-day rule.
"Most of us felt like we were voting against the 21-day rule, but we were only voting in terms of DNA evidence," Payden-Travers said. "They realized that the majority of Virginians wanted to get rid of the 21-day rule, but they're getting around that."
Opponents see the issue in terms of finality and closure.
"If you've plead guilty to a crime, you've made an agreement to serve certain terms based on your plea," said Carrie Cantrell, deputy Virginia director of communications for Attorney General Jerry Kilgore. Cantrell said Kilgore "recognizes the need for reform, especially in terms of recent scientific and technological advancements. However, he believes that there needs to be some finality."
Just as many legislators would want to allow all offenders equal opportunity to present evidence of their innocence, many also believe that there should be a time limit imposed on such claims. Still, groups such as VADP argue that such limits infringe on the rights of the accused and the preservation of justice.
"I see what they're up against, I understand the battle that they're facing, but it's a matter of justice," Payden-Travers said. "We shouldn't be making any laws in Virginia that are keeping innocent people in jail."
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