On The Front Lines
John W. Whitehead Joins With Other Virginia Advocates to Urge Governor to Re-Test DNA Evidence in All Death Penalty Cases
RICHMOND, Va. -- John W. Whitehead, president of The Rutherford Institute, along with representatives from the Virginia Interfaith Center for Public Policy, Virginians for Alternatives to the Death Penalty, the Virginia NAACP, the ACLU of Virginia and exoneree Earl Washington Jr. have signed on to a letter urging Governor Warner to retest the DNA evidence in all death penalty cases that could have suffered from lab inaccuracies. In particular, the groups are urging Gov. Warner to stay the July 11 execution of death row inmate Robin Lovitt until the retesting and audit are complete. A copy of the letter is available here (PDF)."The most important issue in the case of Robin Lovitt is the need for government accountability through executive checks and balances," stated Whitehead. "Robin Lovitt has been deprived of a fair review of questionable DNA evidence because a government official destroyed it. If one government official can destroy DNA evidence without any legal repercussions, then other government officials can do the same in other cases. And while Governor Warner has recognized the need for closer scrutiny in death penalty cases that involve low-level DNA evidence, such as Mr. Lovitt's case, it would be a travesty of justice to execute Mr. Lovitt before such a review were completed. Furthermore, without definitive action from Governor Warner, other Virginians may fall victim to the same injustice in future cases."
Convicted of capital murder and robbery, Robin McKennel Lovitt was sentenced to death and is scheduled to be executed by the state of Virginia on July 11, 2005. However, during Lovitt's trial, DNA evidence found on the murder weapon was considered "inconclusive" as to whether or not it matched Lovitt's DNA. In 2001, Chief Deputy Clerk Robert McCarthy of the Arlington County Circuit Court destroyed the DNA evidence that was considered "inconclusive" during Lovitt's trial. In April 2005, the Fourth Circuit Court of Appeals rejected Lovitt's request for relief, holding that he was not entitled to relief for the destruction of potentially useful evidence absent a showing of bad faith on the part of the government. However, as Whitehead pointed out, the case of Earl Washington demonstrates that DNA evidence that was once considered "inconclusive" may later be considered "conclusive"--and perhaps free a death row inmate--upon further review. Earl Washington was convicted of rape and murder and sentenced to death. He had an IQ of 69 and was largely illiterate. He confessed to the murder. Further review of the DNA evidence after trial, however, revealed that Washington was innocent and that two others had committed the crimes. The case of Earl Washington prompted Governor Mark Warner to order a review of DNA testing results.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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