Thomas Haynesworth

Thomas Haynesworth (born March 21, 1965) is a resident of Richmond, Virginia, who served 27 years in state prison as a result of four wrongful convictions for crimes for which he was exonerated in 2011.

Haynesworth was arrested in Richmond at the age of 18 in 1984 after a woman identified him as her attacker. He was convicted of four violent rapes in the East End of the city. He was sentenced to a total of 84 years in prison. Haynesworth maintained his innocence throughout the years of incarceration. Based on DNA and other evidence, the crimes for which he was convicted are now believed to have been committed by a neighbor who resembled Haynesworth.

In 2009, new state laws and procedures allowed for DNA testing, which was not available in the 1980s. Semen collected from the first attack implicated the neighbor and ruled out Haynesworth. After reviewing this and other evidence, local prosecutors brought the case to the office of Virginia Attorney General Ken Cuccinelli, who began advocating for Haynesworth. His convictions in two of the cases were vacated, and he was released from prison on parole in March 2011. Haynesworth was fully exonerated in the remaining two cases in December 2011.

The case, which The Washington Post called "one of the state's most extraordinary legal cases", used DNA testing and new state laws that allowed convicts to present new evidence in cases to prove innocence. The General Assembly passed a bill in 2012 to pay Haynesworth compensation for his wrongful convictions and lengthy incarceration, amounting to a total of $1 million in a lump sum payment, two types of annuities, and tuition at a community college. The legislators wanted to help him make his way in his life.

Description of attacks Over the course of four weeks in the winter of 1984, five women were assaulted in a series of attacks in and around the East End neighborhood of Richmond, Virginia. On January 3, 1984, a 20-year-old woman was raped at knifepoint near the daycare center where she worked. On January 21, an 18-year-old woman was sodomized at knifepoint near a grocery store. (Note: "The DNA exoneration cases where the false conviction is established with near certainty show that eyewitness evidence has been largely responsible for false conviction in more than 70% of cases (www.innocenceproj.org).")

Haynesworth was tried in four separate rape cases in 1984. (Charges were dropped in the January 27 attack, despite the victim of that attack having been the first victim to identify him. After Davis was arrested, the rapes stopped. Davis was later convicted of several rape charges and sentenced to multiple life terms in jail. While imprisoned, Haynesworth earned his GED and studied auto mechanics, welding, and masonry. He wrote letters to local newspapers, law students, and 60 Minutes, pleading for help to appeal his case.

A 2004 law expanded the post-conviction rules to allow courts to consider also new non-DNA evidence, including new testimony. (While serving in the Virginia Senate, Ken Cuccinelli, who was State Attorney General when Haynesworth was seeking exoneration, had voted for an earlier version of this law, but it failed.

New evidence and first exoneration Under this review, semen collected from the January 3, 1984 rape was tested for DNA evidence, a forensic technology that was not available in 1984. The test cleared Haynesworth and implicated Davis.

Release Following the Virginia Supreme Court writ of innocence and Haynesworth's petition for writs in the other two cases, Virginia Governor Bob McDonnell asked the state's parole board to review Haynesworth's case. It approved him for parole.

Cuccinelli also said of Haynesworth, "His composure, dignity and faithfulness are an absolute witness to me. I am an admirer here."

Haynesworth continued working in Cuccinelli's office, and planned to open his own auto repair business.

Compensation In its 2012 session, the General Assembly passed a bill granting $1,075,178 in compensation to Haynesworth for wrongful imprisonment, and it was signed by Gov. Bob McDonnell on April 5, 2012. Under the legislation, Haynesworth was to receive an initial lump sum of $215,036, and $759,232 to be paid in an annuity over 15 years. Gov. McDonnell said, "Now, as Mr. Haynesworth begins the next chapter in his life, it is morally right for Virginia to provide him with a means to financial security and the ability to move on with his future. This restitution will help ensure that Mr. Haynesworth is able to build upon his freedom and return to society in a successful way."

Legal ramifications Haynesworth was only the second convict of nearly 200 such cases to be exonerated without the support of DNA evidence.

Cuccinelli said that the case was a reminder to him and to prosecutors that "the system isn't perfect, and neither are we."