Legislators propose bills for Whitfield in special session

Legislation to compensate Norfolk’s Arthur Whitfield is being proposed by Hampton Roads legislators.  According to sources close to the issue, Senators Ken Stolle and Ralph Northam will patron legislation in the Senate while Delegate Sal Iaquinto, whose bill is slightly different, will do so in the House. (Text of both bills is below the fold.) The article says that Delegate Bob Tata is also working on legislation that he had planned to introduce in January but will move up to the special session, if he is allowed to introduce it.

That seems to be a sticking point. The article reaffirms my conversation with Governor Tim Kaine Wednesday afternoon regarding the special session:

When Kaine announced the session, he said legislative leaders had agreed to keep its scope limited.

Yeah, but they can include the Whitfield issue, right?

Fairfax County Democratic Sen. Richard Saslaw, the Senate Majority Leader, said he plans to stick to the understanding reached with Kaine. Saslaw said he sympathizes with Whitfield’s plight and isn’t opposed to compensating him when legislators return to Richmond early next year.

Senator Saslaw, the man has waited almost 28 years! Why further penalize him? It’s just wrong. Don’t continue to deny this man the right to get his life back on track.

Bill to be introduced in the Senate:

A BILL to provide relief in the form of a transition assistance grant to Arthur Lee Whitfield.

Be it enacted by the General Assembly of Virginia:

1.  § 1. That pursuant to § 8.01-195.11 of the Code of Virginia, there is hereby appropriated $15,000 as a transition assistance grant from the Criminal Fund to Arthur Lee Whitfield (Mr. Whitfield).  Mr. Whitfield was granted an Absolute Pardon from the Governor on April 3, 2009, from (i) rape, sodomy and robbery convictions on January 19, 1982, in the Circuit Court for the City of Norfolk, and (ii) a rape conviction on June 18, 1982, in the Circuit Court for the City of Norfolk. The Virginia Division of Forensic Science submitted seven Certificates of Analysis exonerating Mr. Whitfield of the crimes for which he was convicted and sentenced.

§ 2.  The transition assistance grant shall be paid by check issued by the State Treasurer on warrant of the Comptroller within seven business days after this act becomes law.

§ 3. Any other compensation awarded to Mr. Whitfield by the Commonwealth in connection with the Absolute Pardon for such criminal convictions shall be reduced by such $15,000 transition assistance grant.

2.  That an emergency exists and this act is in force from its passage.

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Bill to be introduced in the House:

A BILL for the relief of Arthur Lee Whitfield.

Whereas, on January 19 1982, Arthur Lee Whitfield (Mr. Whitfield) was convicted of rape, sodomy and robbery in the Circuit Court for the City of Norfolk and sentenced to serve 45 years;

Whereas, on June 18, 1982, Mr. Whitfield pled guilty to a second rape indictment because of the recent rape conviction and on the advice of legal counsel; and

Whereas, pursuant to the plea agreement, Mr. Whitfield was sentenced to serve 18 years for the second conviction; and

Whereas, Mr. Whitfield filed a Petition for Appeal with the Virginia Supreme Court for the first conviction and on August 8, 1983, the Virginia Supreme Court entered an Order refusing the Petition; and

Whereas, Mr. Whitfield did not subsequently file any state or federal habeas corpus petitions in either case; and

Whereas, on October 31, 2003, Mr. Whitfield filed  a motion pursuant to § 19.2-237.1 of the Code of Virginia for post-trial DNA testing; and

Whereas, On June 28, 2004, the Circuit Court for the City of Norfolk ordered that DNA testing be conducted of certain items included in the two files that were still in the custody of the Virginia Division of Forensic Science; and

Whereas, The Virginia Division of Forensic Science submitted seven Certificates of Analysis exonerating Mr. Whitfield of the crimes for which he was convicted and sentenced; and

Whereas, based on the results of these tests, on August 23, 2004, the Commonwealth’s Attorney for the City of Norfolk sent a letter by fax to the Virginia Parole Board requesting Mr. Whitfield’s immediate release stating, in pertinent part “My careful analysis of these [DNA] results and the evidence from the trial of this matter convinces me beyond any question that these results exonerate Mr. Whitfield from involvement in these offenses”; and

Whereas, on the same day of the request the Virginia Parole Board granted Mr. Whitfield discretionary parole and he was released; and

Whereas, Mr. Whitfield subsequently filed petitions for writs of actual innocence in both cases with the Virginia Supreme Court; and

Whereas, on October 21, 2005, the Virginia Supreme Court dismissed the Petitions for Writs of Actual Innocence citing that the Court did not have the statutory authority to consider the petitions due to Mr. Whitfield no longer being incarcerated and having been placed on parole status; and

Whereas, Mr. Whitfield petitioned the Governor for a grant of Executive Clemency on the principal ground that the DNA testing demonstrated that Mr. Whitfield could not have committed the crimes for which he was convicted on January 19, 1982 and June 18, 1982; and

Whereas, on April 3, 2009, the Governor granted Mr. Whitfield an Absolute Pardon; and

Whereas, Mr. Whitfield has always maintained his innocence and entered a plea of guilty in the second case only after having been convicted by a jury of the first set of charges and on advise of counsel; and

Whereas, Arthur Lee Whitfield has suffered severe physical, emotional, and psychological damage as a result of this wrongful incarceration and has no other means to obtain adequate relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby appropriated from the general fund of the state treasury a compensation award in the amount of $445,703 for the relief of Arthur Lee Whitfield upon execution of a release by Mr. Whitfield from any present or future claims he may have against the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof and any legal counsel appointed pursuant to § 19.2-159 of the Code of Virginia.

The award shall be paid as follows: (i) an initial lump sum of $89,141 paid to Arthur Lee Whitfield on or before December 15, 2009, by check issued by the State Treasurer on warrant of the Comptroller and (ii) the sum of $356,562 to purchase an annuity for the primary benefit of Arthur Lee Whitfield providing for equal monthly payments, for a period certain of 25 years commencing on or before August 1, 2010. The State Treasurer shall purchase the annuity at the lowest cost available from any A+ rated company authorized to sell annuities in the Commonwealth, including any A+ rated company from which the State Lottery Department may purchase an annuity. The annuity shall provide that it shall not be sold, discounted, or used as securitization for loans and mortgages. The annuity shall, however, contain beneficiary provisions providing for the annuity’s continued disbursement in the event of the death of the person awarded compensation.

§ 2. That Arthur Lee Whitfield shall be entitled to receive career and technical training within the Virginia Community College System free of tuition charges, up to a maximum of $10,000. The cost for the tuition benefit shall be paid by the community college at which the career or technical training is provided. The tuition benefit provided by this section shall expire on December 15, 2014.

§ 3. That notwithstanding the total amount of the compensation awarded by § 1 of this act, the amount of the initial lump sum payment shall be reduced by the amount of any transition assistance grant awarded to Mr. Whitfield in connection with the Absolute Pardon for the January 19, 1982 and June 18, 1982 convictions.

§ 4. That Arthur Lee Whitfield shall immediately be ineligible to receive any unpaid amounts from the compensation award and his beneficiaries shall be ineligible to receive any payments under the annuity purchased pursuant to § 1 of this act upon any subsequent conviction on or after August 15, 2009, by Mr. Whitfield of any felony. Any unpaid amounts remaining under any annuity shall become the property of the Commonwealth and shall be deposited into the general fund of the state treasury. In addition, Arthur Lee Whitfield shall be ineligible to receive any unused portion of the tuition for career and technical training provided pursuant to § 2 of this act within the Virginia Community College System free of tuition charges, up to a maximum of $10,000.

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