Whitfield has liver cancer – will GA compensate now?

Hampton Roads, Local, Norfolk, Politics 1 Minute

UPDATE 4, Tuesday 3:30pm: According to The Virginian-Pilot, the General Assembly will take up the compensation legislation in the special session!

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Arthur WhitfieldArthur Whitfield, who served 22 years in prison for a crime he did not commit, who waited almost five years for a pardon for that crime, and who has yet to be compensated for the time he spent behind bars, has liver cancer.

I’ve known people similarly diagnosed. They are all dead now.

While I have been told that the General Assembly will be considering compensation to Whitfield in Wednesday’s special session (and the article says “that legislators are poised to consider a bill”), I’m asking that the General Assembly give him his full compensation NOW. None of this a payment now, with the remainder to be paid over 25 years.  Whitfield doesn’t have 25 years. Award him his $750,000 (which I understand is the maximum payment) in a single lump sum. I understand the reasons for spreading out the payments in normal circumstances – but these aren’t normal circumstances.

The man has suffered enough. Let him enjoy what time he has left.

UPDATE Sunday 4:09pm: The legislation being submitted by the Legislative Black Caucus will be amended to reflect a lump sum payment to Whitfield. And today, Democratic gubernatorial candidate Creigh Deeds said that he will support that legislation.

UPDATE 2 Monday 8:13pm: The Virginian-Pilot agrees with me, and urges the General Assembly to compensate Whitfield in a lump sum of the maximum $750K.

UPDATE 3 Tuesday 2:04pm:  Pilot columnist Kerry Dougherty weighed in (column not available online) and said she’d be asking for millions 🙂 She said:

In a just world, politicians would vote on compensation Wednesday and cut the check Thursday.

Question is, do we live in a just world?

Let’s hope so, Kerry.

(Note to readers: This post will stay on top until the issue is resolved. Newer blog posts appear below.)

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11 thoughts on “Whitfield has liver cancer – will GA compensate now?”

  1. I’m sorry for him, but why should the Commonwealth pay him $750,000? IF he had a fair trial, why is it the “fault” of the taxpayers? Give him $750k so he can blow it all in his last couple of years? Does not make sense.

    p.s. WHY have you stopped linking my posts to BlogNetNews?

    1. Couple of years? Most people with liver cancer do not live a year!

      And if you had been following this story, you would know that the Commonwealth always compensates people for wrongful imprisonment. This isn’t anything new.

      As for BNN – take it up with Dave.

  2. Vivian, none of us has any guarantee that we will be here tomorrow. Some may know their demise will be sooner than others, but we never know. The tragic story of James Whitfield, and for those that do not know it, please google it and also read the link in Vivian’s post, tugs at one’s heart.

    He is surely due compensation, no doubt. But he MUST be treated exactly like all the other innocent persons wrongly locked up. If we begin making exceptions for one reason or another, pretty soon, everything becomes an exception.

    I hope and pray Mr. Whitfield is able to survive this medical challenge.

    The statutes in Virginia dealing with compensation for those wrongly convicted are there to provide direct compensation to the victim. An indirect benefit of the victim receiving money from the state is compensation to the family. But this is not addressed in the Statutes. By giving Mr. Whitfield a lump sum disbursement, and your own belief that he likely will not survive this, what you are asking for is compensation for the family, something not addressed in our laws.

    I agree that it would be a great gesture on the part of the state, one which I have no problem with, to give Mr. Whitfield money that carries the possibility of leaving money for his family beyond his time on earth. But I believe the only way to address this type of issue fairly is to change the laws.

    What of the families of those in the same situation that did not receive a lump sum? Will they file lawsuits to force the state to act the same for them?

    How about those that come out after only a year or two that have a terminal disease? Or those that die in accidents.

    Unfortunately, what seems fair and right for this one case will actually lead to unfairness and injustice in many cases, if we make an exception, however justified it may seem.

    1. But he MUST be treated exactly like all the other innocent persons wrongly locked up

      I disagree. The system, in this case, is horribly broken. This case has demonstrated that. Whitfield was put in a vicious loop that the state created.

      And if he were being treated like all others, the state would be giving him the $1.5 mil that the last person (who served 21 years) got. But they changed the rules and capped compensation at $750K.

      The legislature can – and should – do this.

      1. If the system is broken, it should be addressed by the Legislature. To do otherwise is unlawful.

        I happen to agree with you that the system is broken. I would suggest a change allowing a range of compensation, from lump sum to periodic payments be allowed under the law. Each case is different and the law does not allow much, if any, flexibility.

        But to go around the laws they have written is not something the GA should ever do. Either fix the laws, or abide by them.

        I would gladly join you for a call to allow a case by case decision within specific guidelines, based on a change in our laws, but I cannot support disregarding our laws because the system is “broken”.

        And FYI, current statistics show the 5 year survival rate for liver cancer is 19%, if caught in the early stages. Not great odds, but not a hopeless case, either.

        It is a sad situation, but we simply cannot go around the laws, no matter how egregious they may be.

        But this law should be revisited for cases like this.

        1. I have already discussed this with one legislator who intends to modify his legislation to include a lump sum payment. I don’t believe the law limits the compensation to being only periodic payments, only that such payments have been customary.

  3. What you fail to realize that Mr. Whitfields medical expenses will be footed by the tax payers. If he is allowed to get the lump sum he can at least pay for his medical care, if not, the money will be left to his relatives to enjoy. I think this is one of those examples of some things need to be decided on a case by case basis. I would rather him use the money to make his last days as comfortable as possible. google liver cancer, it’s not pretty!

  4. I have had two uncles die from liver cancer. The State took everything from this man, and took this man from his family.

    We are the State. We owe this man, and his family.

  5. It is important for political people to remember that Whitfield has been out of prison for about 5 years, and nobody in the legislature apparently tried to do anything to redress his not getting compensation until now. Why? Politics.

    Whitfield is not even in Stolle’s district, according to a previous report, and I have never read that Stolle ever tried to do anything about this issue during the previous years. But Stolle is now running for VB Sheriff against VBPD Senior Captain John Bell, who happens to be an African-American.

    I feel it is highly probable that Stolle or someone clever in Stolle’s camp, decided to use this issue to try to take black votes from John Bell in November. See the likely political maneuver for what it is, and then vote for John Bell for VB Sheriff in November.

    1. You should get your facts straight. Michelle Washington from the Virginian-Pilot contacted Stolle because Whitfield’s own legislators – Sen. Yvonne Miller and Del. Kenny Alexander – did nothing. Call Ms. Washington if you have doubts. John Bell cares so much about his own community that he has hacks like you say it’s all politics. It was Stolle’s bill that has made Whitfield’s release on DNA evidence possible. But you wouldn’t know that because you haven’t read the near double digit number of articles and editorials The Pilot has done.

  6. The law does need to change. We should always take more risk protecting the innocent from conviction rather than taking more risk to convict in general. The whole innocent until proven guilty and death penalties being final and all.

    How much is your life worth to you? How about your ability to get a job with a clean record?

    That said, I agree with Tom White. Without the “rule of law” we have arbitrary rule by the current power holders. I can not escape the notion, however, that justice for the rest of us would be an injustice to Whitfield. Money to him or his family. I could care less about that, except for the laws stand point. The Commonwealth stole part of his life. That compensation his Whitfield’s to do with as he wills. That includes leaving it to his family that may have been benefitted by a gainfully employed man more than a wrongfully jailed one.

    I wish times weren’t so tough. A free will benefit held for a victim of a flawed justice system would not be such a bad thing. Whitfield might even appreciate the gesture.

    John Bell seems to be a good guy. I spoke with him briefly after his appearance at the Tidewater Libertarian Party meeting. I just might end up supporting him. Normally, we network with and assist on occasion,Republicans. Ken Cuccinelli is a recent example of that. It might be a good idea (for us)to broaden that networking a bit.

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