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Virginia Prosecutors Fight to Uphold Life Sentence for Man Found Not Guilty (theappeal.org)

submitted 1 month ago by [email protected] to c/[email protected]

33 comments fedilink hide all child comments

When police arrested Richardson in 1998, he was facing the death penalty. Afraid of potentially putting his life in the hands of a white jury in the South, Richardson, who is Black, took a guilty plea for involuntary manslaughter and was sentenced to 10 years in state prison. Claiborne, who is also Black, took a plea deal on a misdemeanor charge, as an accessory to Richardson’s crime.

But after outcry over what Gibson’s family viewed as a lenient sentence, federal prosecutors brought additional charges against the pair, accusing them of selling crack cocaine and murdering a police officer during a drug deal gone wrong.

In 2001, Richardson and Claiborne went to trial in the federal case. A jury found them not guilty of Gibson’s murder, but guilty of selling crack. In an unusual move, federal judge Robert Payne sentenced Richardson and Claiborne to life in prison using “acquitted conduct sentencing,” a legal mechanism approved in a 1996 Supreme Court ruling, which allows judges to sentence defendants based on charges for which they were acquitted.

Archived at https://ghostarchive.org/archive/zjFXZ

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[–] [email protected] 9 points 1 month ago

Yeah, the federal government changed their rules just in time to make sure Trump can't be sentenced for something our supreme court decided he should be immune for, but meanwhile in this case

The innocence claim centers around three pieces of evidence... [one of which is] a photo lineup [that was] administered to a 9-year-old witness.

...

The photo lineup, meanwhile, did not appear in the case files of the county prosecutor, state police, or county police, according to the investigation by Herring’s office. The lineup was referenced during the federal case against Richardson and Claiborne, indicating that federal agents had a copy of it. Richardson’s counsel said they obtained the lineup through a public records request to federal investigators.

During the May hearing, the confusion surrounding the lineup led to conflicting interpretations by Richardson’s legal team and state prosecutors.

...

There is one individual who might be able to clear up the confusion around the lineup: ATF agent Michael Talbert, an architect of the 2001 federal case against Richardson and Claiborne. But Talbert did not testify at the May hearing because the federal government declined to make him available, citing his busy schedule.

Ultimately, Sussex County Circuit Judge William Tomko decided not to allow the photo lineup to be admitted as evidence.

“You’re not going to apparently ever be able to get the federal government to assist you with regards to establishing these documents, but that’s the unfortunate position that you’re in,” said Judge Tomko. “I can’t help that.”

Though Talbert did not testify at the May hearing, he spent an entire day in the courtroom watching proceedings.

“I am not permitted to ask questions of Agent Talbert because the federal government has refused to make him available, though he’s clearly available to testify,” said Hensley.