Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, December 30, 1993 TAG: 9312300227
SECTION: VIRGINIA PAGE: B3 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
Defense lawyers asked Wilder for the pardon last week because they contend that new DNA tests show Washington is innocent of the 1982 rape-murder of a Culpeper woman.
"The governor has been evaluating the Washington case, is still in the process of evaluating it and wanted to inform the public that the matter is not as simple as has been projected by the media," Walter McFarlane, Wilder's chief counsel, said in a statement. He listed 14 questions about the case that the governor is studying.
Robert Hall, one of Washington's attorneys, said, "Because Earl Washington Jr. is innocent of the murder and rape of Rebecca L. Williams, we welcome the in-depth inquiry by the governor's office. The more facts are explored, the more plainly Mr. Washington's innocence is revealed."
Wilder, a Democrat who is a former criminal defense attorney, turns his office over to Republican Gov.-elect George Allen on Jan. 15.
Lisa Katz, Wilder's spokeswoman, declined to say whether he is committed to acting on the pardon request before his term ends.
"He's actively reviewing it," she said. "You usually have more time."
During his four-year term, Wilder has granted clemency to two death-row inmates and has allowed 14 executions.
Washington has no execution date but has lost court appeals. His lawyers chose to seek a pardon rather than appeal to the U.S. Supreme Court because the new DNA evidence is not admissible in court.
Washington, 33, confessed to raping and stabbing Williams in her apartment June 4, 1982. His appeal lawyers said Washington, who is mildly retarded, tended to agree with whatever police said.
Among Wilder's questions:
Whether more than one attacker was involved.
Whether someone other than the husband or the attacker could have left the DNA evidence.
Whether there is other DNA evidence that did not show up on initial tests.
Whether Washington's mental stability should be evaluated before a pardon decision is reached.
Whether the defense should have dropped court appeals to take the case to the governor.
by CNB