THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, June 1, 1996 TAG: 9606010207
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: 105 lines
Raymond Holder, jailed eight months for a rape he did not commit, has refused the city's offer of a free college education and counseling as restitution, over his lawyer's protests.
Holder, who had filed suit against the city, says he objects to a condition of the deal: signing an agreement that says the city committed no wrong against him. Signing that agreement would be morally reprehensible, he said.
Instead, he has accepted an offer of $5,000, all of which will go toward his attorney fees. In return, Holder had to release the city of liability, but did not have to sign an agreement exonerating the city.
``It doesn't mean I can't bring the truth out,'' Holder said. ``I'd rather take nothing. I've made the right decision. This wasn't about money. It was about justice.''
Holder said nothing can make up for what he lost in jail: his car, his job, his dignity, his reputation, his emotional stability. Holder estimates he lost $10,000 in wages and spent $10,000 for medical bills after he attempted suicide after getting out of jail. Attorney fees were another $6,500, Holder said.
Holder's troubles began Aug. 25, 1993, when he was 23. A 12-year-old girl who was raped a week earlier while playing on a path near Brighton Street spotted Holder as he walked home from work, and led police to his home.
Holder told police they had the wrong man. He asked them to do DNA testing, telling them it would prove he was innocent. Nearly nine months later, test results proved him right and he was released.
At first Holder was exultant, but within two months he despaired. Unable to convince neighbors of his innocence and unable to pick up the pieces of his life, Holder slashed his wrists and nearly died, medical records show.
The continuing emotional drain is part of why he settled instead of pursuing the case, Holder said. The legal battle, which failed in federal court but was moving ahead in Circuit Court, left him distraught and bitter.
One thing that continues to plague him is why no one paid attention to him after months in jail protesting his innocence and begging for DNA testing.
``They thought I was a stupid black man,'' Holder said. ``The detective could have ordered the DNA test. If they'd wanted it and I didn't, they would have forced me. But when I wanted it, there was no way. If it weren't for the media and my friends, I'd be in the penitentiary right now.''
Holder, who is soft-spoken and articulate, had never been in trouble. The victim was mentally slow, with a history of emotional problems. There should have been enough red flags for investigators to be concerned, he said.
``No one has ever explained why they didn't do DNA,'' Holder said. ``I'm still asking that.''
Prosecutors said they were confident they had the right man. The victim identified him on the street, picked him out of a police lineup and identified him in court.
``It was just a case of mistaken identity,'' prosecutor Marjorie Taylor said when Holder was released. ``It is very unfortunate. . . We had a very young girl and this apparently looked very much like the man who did this to her. . . My position was we were ready to try the case without DNA. He was identified by the victim.''
But Holder says guilty rapists do not ask for DNA testing because it is nearly irrefutable proof of guilt. Holder said his insistence should have tipped off prosecutors that something was amiss from the beginning.
Eventually, Circuit Judge L. Cleaves Manning issued two orders to have DNA testing done before prosecutors complied, court records show.
``Less than 24 hours after I was busted, it was all over the news and TV,'' Holder said. ``How do you think people feel about a man who would do something like that? It was pretty rough. I spent Christmas there. I lost my job. I thought I was going to prison for the rest of my life.''
City Attorney Timothy Oksman did not return phone calls Thursday and Friday. The city has said in court that Holder's arrest was reasonable after the victim pointed him out. A federal judge agreed and dismissed a civil rights lawsuit earlier this year. Holder could not sue Taylor because prosecutors are virtually immune from lawsuits stemming from prosecutions.
Holder said his attorney, Stephen J. Burgess, worked hard to put together the education package for him and was disappointed when he refused it.
Burgess said the city offered to sponsor legislation in the General Assembly to waive tuition fees at a state school. Burgess said he is confident it would have passed.
Burgess said Holder is passing up a remarkable offer for a free college education, clinging to theories of police wrongdoing that haven't held up under scrutiny.
``It was without doubt the saddest moment I`ve ever had practicing law,'' Burgess said of the moment Holder told him he wouldn't take the offer. ``I don't even like to talk about it right now.''
``Raymond's an adult,'' Burgess said. ``He has the right to make his own decisions. If he can just find a way to get the education he needs so he can do something that would allow him to contribute.''
Holder said Burgess told him the city's offer was a chance to better himself and get ahead. ``He was very very sad,'' Holder said. ``He asked if there was anyone he could call to change my mind. I could see it in his eyes.''
Holder works 60 hours a week as a busboy at a Norfolk restaurant. He has made enough money since his release to buy a used car and a computer, and make a down payment on a house. His record has been cleared and he has qualified for a loan, he said.
Holder plans to open an astrology business, hoping to do charts for newborns. He also reads tarot cards, he said.
``That will show Portsmouth I didn't just want the money,'' Holder said. ``I'm fine I'm on my feet. I have knowledge and education. I can do what I want without them. I'm not another African-American looking for a quick buck.
``All a man has is his word and honor. No amount of money would have made me do that. They wanted me to say the officers made an honest mistake. I know in my heart it's not true.'' ILLUSTRATION: BETH BERGMAN
The Virginian-Pilot
Raymond Holder by CNB