LBC proposes Whitfield legislation

The Legislative Black Caucus, which is chaired by Norfolk’s own Del. Kenny Alexander, has drafted legislation (pdf)to compensate Arthur Whitfield. In a statement, Alexander said:

On Wednesday, August 19, 2009, the Virginia General Assembly will convene a Special Session to address the significant impact of the June 25 decision of the US Supreme Court in Melendez-Diaz v. Massachusetts. We are confident that our efforts will produce effective and comprehensive legislation that will ensure compliance with the decision. Once enacted, our remedy will allow the Commonwealth’s courts to continue to provide opportunities for justice considered both fair and efficient.

Sadly, as we work to ensure the fairness and efficiency of our courts, we are confronted with a failure of justice that has robbed a Virginia citizen of 22 years of his life and permanently dimmed his chances for success. Arthur Whitfield’s innocence is certain. However, though exonerated, we have been egregiously slow in compensating him for time stolen by injustice that was administered in our courts. For these reasons I seek your support in compensating Mr. Whitfield through a bill seeking restitution that should be addressed during the upcoming Special Session.

Please know that your support of this measure is crucial and we expect your assistance in working to make Mr. Whitfield whole.

The proposed legislation calls for total compensation to Whitfield of $750,000, with 20% to be paid within 7 days of enactment and the remainder to be paid in monthly installments over 25 years. The amount of compensation is the same as that the Commonwealth paid to Jeffrey Cox, who was exonerated after having served 11 years in prison, and half of that paid to Julius Earl Ruffin, another Norfolk man who was exonerated after having served 21 years.