Republican gubernatorial candidate Bob McDonnell released a statement calling for Arthur Whitfield’s case to be considered as a part of the special session.
Arthur Whitfield received an absolute pardon from the Governor after serving 22 years in prison. Following his release in 2004 his transition back into society has been very difficult. Unfortunately the timing of Mr. Whitfield’s release and subsequent absolute pardon have left him unable to receive the state restitution meant to be provided to pardoned individuals. This upcoming special session of the General Assembly provides the Commonwealth with the unexpected opportunity to help Mr. Whitfield immediately. We should take this opportunity to act.
Hey Bob – stop stealing my posts 🙂 Seriously – whatever it takes to get Whitfield the compensation he deserves, I’m all for it.
The entire press release is below the fold.
UPDATE: I received via email the following statement from the campaign of Democratic gubernatorial candidate Creigh Deeds:
Mr. Whitfield deserves prompt assistance, after serving 22 years in prison for a crime he did not commit. Creigh Deeds supports immediate restitution for Mr. Whitfield through a bill in special session.
McDonnell Supports Special Session Action to Help Arthur Whitfield
Whitfield Received Absolute Pardon from Governor After Serving 22 Years in Prison
Legislation Sponsored by Senator Ken Stolle Would Provide Immediate Compensation for Whitfield
RICHMOND– Bob McDonnell, Republican gubernatorial nominee and former Attorney General of Virginia, today called on the General Assembly to take up legislation providing immediate state compensation for Arthur Whitfield when the body meets in special session on August 19th.
Arthur Whitfield served 22 years in prison. As a result of DNA testing in 2004, the Norfolk Commonwealth’s Attorney called on the parole board to release him from prison immediately. In April of this year Mr. Whitfield received an absolute pardon from Governor Kaine. However, due to issues regarding the timing of his parole and pardon, Mr. Whitfield has not received any state assistance meant to be provided to wrongfully imprisoned individuals.
Speaking about the matter McDonnell remarked, “Arthur Whitfield received an absolute pardon from the Governor after serving 22 years in prison. Following his release in 2004 his transition back into society has been very difficult. Unfortunately the timing of Mr. Whitfield’s release and subsequent absolute pardon have left him unable to receive the state restitution meant to be provided to pardoned individuals. This upcoming special session of the General Assembly provides the Commonwealth with the unexpected opportunity to help Mr. Whitfield immediately. We should take this opportunity to act.”
McDonnell continued, “Legislation proposed by Senator Ken Stolle will grant Mr. Whitfield the financial assistance he needs, without further delay. To wait until this winter to address his case is unnecessary, and unfair to Mr. Whitfield. I know the Governor has called the special session to address a specific issue. I agree this special session should be narrow in scope. However, it is possible to pass a procedural resolution that limits the session to these two matters. I believe this is the right action to take both for Mr. Whitfield and for justice in the Commonwealth. I urge the Governor and leaders in the House and Senate to allow for the consideration of Senator Stolle’s legislation during the special session. Mr. Whitfield has received an absolute pardon. He should be provided financial relief from the Commonwealth as soon as possible.”
McDonnell concluded, “Virginia has one of the most thorough and efficient criminal justice systems in the world. We punish criminals severely and strongly protect victims. Extremely rarely is someone wrongfully convicted. If this happens, we must correct it promptly.”
Senator Stolle’s legislation would provide Whitfield, who suffers from health problems and has faced significant financial difficulties following his incarceration, with a total of $445,703. The amount would be equal to nearly $20,000 for each year Whitfield spent in prison, and is based on a 2004 formula previously established by the state. Whitfield would receive $89,000 immediately, with the rest distributed annually over the next 25 years. The state would also provide Whitfield $10,000 in tuition assistance to attend any Virginia Community College.
Senator Ralph Northam will co-sponsor the Senate legislation with Senator Stolle.
For more details about Mr. Whitfield’s case please see: http://hamptonroads.com/2009/07/norfolk-man-wrongfully-jailed-long-wait-restitution
Del. Sal Iaquinto has also drafted legislation to be introduced in the House of Delegates should the issue be allowed to be addressed.
VIVIAN J. PAIGE | All Politics is Local 
This proposed figure, based on such a low amount, is not much of an apology.
This compensation figure appears to be based on the premise that Mr. Whitfield would never have earned beyond the lowest median Virginia income: $20,000/ year. It also neglects to compensate Mr. Whitfield for any potential interest he might have earned on savings. The $10,000 for college is a nice start, but a full ride at a four year school would be appropriate.
The Commonwealth took the best years of this man’s life away due to incompetence and a rush to add another W to the prosecution’s win column.
If we had real justice, the cop who charged Mr. Whitfield and the Commonwealth’s Attorney (or their respective estates) who sent him to jail (for life) should have to personally contribute to Mr. Whitfield’s compensation fund. Perhaps a good attorney could pursue a civil action against those who maliciously prosecuted Mr. Whitfield.
The starting compensation figure should be the national (not Virginia’s) median income for each of the years he was in jail, plus interest on all of his lost potential earnings. Added to this figure should be a full scholarship at a four year college or trade school, of Mr. Whitfield’s choice.
If folks like Bob McDonnell were not so Hell-bent to put more Virginians in jail, then we might have prosecutors who viewed their jobs as ensuring justice was done, rather than merely counting every citizen put behind bars as a win in some sort of sick game.
Agreed — the proposed amount is not enough, and they’re going to pay it out over 25 years?! Let me guess — if he dies early, his heirs get nothing, right?
Dang, Frau Madoff is getting more money.
I haven’t seen the proposed legislation from the Legislative Black Caucus yet. It may be more favorable. Same with that from Del. Bob Tata, who has been working with Whitfield’s attorneys on this.
When I first called for this to be included in the special session, I was thinking of the $15,000 emergency payment, not the payment related to his entire incarceration. I agree that the compensation isn’t enough.
Post above this one contains the info from the LBC.