The Virginian-Pilot
©
RICHMOND
Gov. Timothy M. Kaine said Tuesday he would have to disregard more than a dozen confessions were he to pardon four sailors convicted of the 1997 rape and murder of an 18-year-old woman in Norfolk.
"Basically what the petitioners have asked is that a series of confessions given by these four individuals to investigators, in hearings, in court testimony, and to third parties, should all be discounted. They should all be thrown out and clemency should be granted," Kaine said in response to a question during his regular appearance on Washington, D.C., radio station WTOP.
The governor typically declines to comment about pending clemency petitions other than to acknowledge specific applications are being considered. Until Tuesday, that has been the standard response to inquiries about the pardon request of the former sailors, known as the Norfolk Four.
"They put together a strong case suggesting that some of the circumstances, the physical evidence of the crime does not match these individuals," Kaine said of the clemency petition. "But they're asking for a whole series of confessions, and I can't give you the number, but 15 or 20 that were given at different points in time by different people, to all be discarded. That is a huge request."
The four men - Joseph Dick Jr., Derek Tice, Danial Williams and Eric Wilson - were convicted of the rape and murder of Michelle Moore-Bosko, a newlywed found dead in her Norfolk apartment in 1997.
Dick, Tice and Williams remain incarcerated; Wilson was released in 2006 after serving more than eight years in prison. All four are seeking pardons.
A spokeswoman for their attorneys said the lawyers were unavailable for comment Tuesday.
Supporters of the convicted men include four former Virginia attorneys general and 30 former federal law enforcement agents, many of whom publicly said they believe in the innocence of the Norfolk Four at a news event earlier this month.
They believe that Omar Ballard, who has said that he alone killed Moore-Bosko, is the guilty party, noting that he is connected to the crime by evidence found at the scene.
Moore-Bosko's parents did not respond Tuesday to an e-mail seeking comment.
In previous statements, John and Carol Moore of Pittsburgh had said they believe the sailors are guilty.
In January, two of the former attorneys general spoke in support of the sailors at an event that coincided with a state Supreme Court decision to uphold Tice's conviction.
The state high court took up the appeal of a 2006 Norfolk Circuit Court ruling that had essentially vacated Tice's earlier conviction on grounds that he had ineffective trial lawyers.
Earlier this month, several retired FBI agents said a review of case files and court documents led them to conclude the sailors are innocent.
Responding to those assertions, Kaine noted the agents "had not talked to the prosecutors and investigators."
"So they've kind of looked at it with their own expertise, but kind of from one side," the governor added. "I am obligated to look at it from all sides. And I am. And will only make a decision when I feel like the matter is completely clear for a decision."
D.J. Hansen, a prosecutor involved in the Norfolk Four trial and now a Chesapeake deputy commonwealth's attorney, declined to comment about Kaine's remarks. Kaine did not say when he will decide on the petition during the radio interview.
The petition was filed in 2005 when his predecessor, Gov. Mark Warner, was in office.
Kaine has granted two absolute pardons during his term, equaling the total of former Gov. Gerald Baliles.
The four governors between Kaine and Baliles - Warner, Jim Gilmore, George Allen and L. Douglas Wilder - granted a combined 19 pardons.
Pilot writer Michelle Washington contributed to this report.
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com
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the norfolk four
I would really be interested in knowing how the crime scene was handled. Because the police (detectives or crime scene investigators) didn't find DNA, it doesn't mean it wasn't there. In 1997 forensic techniques; (unless you were trained and had the right equipment and the individual investigator knew how to use it) could have been overlooked. Secondly, I would be interested to know how they got these four sailor's names as suspects. Were they know to the victim or her friends? How did they get into her apartment. Confessions? Well, one may argue they were coerced,what about when they were not in the presence of the police and how long did it take them to assert they were false confesions? So what they say 30 feds looked at this case;I have seen some feds in action and when it comes to real police work; their investigative prowess leaves alot to be desired. I don't say that to be critical it is just there are too many unanswered questions and someone reviewing a case on paper can't do as thorough job as one who is able to pour through evidence and know what to look for.
Why not
This is part of the problem with our legal system. Here you had a judge and an impartial jury found these 4 guilty and yet a bleeding heart in Richmond can listen to and read what he wants to and overturn the courts. Four other governors didn’t think there was enough evidence to pardon them, but Kaine knows better. Oh why not, these proven murders will not be living anywhere near our governor, so he won’t have to worry about when they decided to kill again.
let's just wrap this up already
This whole situation over the last 11 years makes me sick. They are guilty, why in the world would you say that you killed someone if you in fact did not? Seriously this is a no-brainer! There has been no injustice done here. Out of the woodwork steps out some suits that want to gain fame. Stop the circus, so we can all get on with our lives already. I don't care if you are a freakin law expert or not, I am an expert of Shell and I can tell you that the situation has many holes in it. The only thing that makes me smile is the thought of them never walking out of that prison. Now that is justice!
Beyond a reasonable doubt?
Confessions under duress can result in false confessions. These were young sailors, perhaps not too bright. They are denied food and sleep and told the police have enough evidence to convict them with the death penalty. If they just confess, their lives will be spared, they can get some sleep and food to eat. The nightmare will end if they just sign a confession. How long could you hold out in that situation? I'm sure if you asked them a year earlier they would have told you they would never confess to something they didn't do.
Ask yourself.. did their confessions match the crime? Did their confessions match each others? If they all did it together, then their stories would match along with DNA evidence.
Was all the evidence shown in the court room or were some things left out? Why would four state attorney generals and 30 Federal Agents come forward believing they are innocent????? That's a whole lot of people that specialize in solving crimes.
DNA and Confessions
I agree with Rose. If they are as innocent as they proclaim then take them back to court and lets try them again. Obviously the Va Supreme Court didn't think Tice's conviction should be overturned. Why?
It amazes me that a lot of people want to throw out their confessions as coerced or forced or whatever even though some of these confessions were made to others not wearing a badge. Throw these out and believe the words of the one man that was linked to the scene by DNA evidence. That's rich. Convicted/guilty men will say and do anything if the encouragement is right. I know, been there done that. In my college days I too got into a little trouble-distruction of state property. My roomate was also implicated. I took my lumps as I was guilty but told the judge my friend was innocent--he wasn't. He stayed in school, I had vacation for a year. And the fact that no DNA evidence was found for these four doesn't mean they weren't there and didn't participate in the crime. Like the governor said, read all the court documents not just a one sided approach used by the so called experts. And who paid for these experts to do their work??
what is the time frame for an appeal...
...and has the time already run out for further appeals? if it hasn't run out then yes, put them through an appeal... if it has run out then pardon them...
If the DNA says they are innocent run them through the appeals
process again, and let a jury review ALL of the evidence. If confidence is so high that they are innocent they should have no problem proving it in court.
If they are innocent then Joseph Dick perjured himself when he helped convict two of his co-defendants by testifying against them at their trials for rape and murder, lied when he named five other accomplices and lied again as the judge gave him a double life sentence when he apologized to the parents of Michelle Moore-Bosko, stating, “I know I shouldn’t have done it; I have got no idea what went through my mind that night, and my soul.”
I cannot believe we are even talking about a pardon!!! DNA implicating someone else does not automatically prove the innocence of these four! Let the new trial decide who did or did not participate in Michelle Moore-Bosko's rape and murder.
Throwing Out Confessions?? What about the Original Confessions?
These confessions were made by men under duress. They were given a choice to make these investigators lives easier and confess to a crime they did not commit and go to prison alive or not confess and get killed in the chair. DNA confirms all of they're original statements that they did not commit this crime, how come that confession has been forgotten??? They could not have commited this crime, DNA proves the perpetrator was from another race. Unfortunately race is probably the only reason Kaine will not pardon these innocent men. He does not care about justice or whether these men are guilty. Be glad your fate does not rest in his hands, they are dirty.
kaine should know the system
Timmy should know the system after the fraud he has commited to the folks of Virginia.. Taking a salary for a job he has not performed.. He should be in the system
A broken system ...
Our system is broken, and Gov. Kaine needs to do the right thing and start fixing things. He knows how the system works ... that police coerce people into confessing to crimes they didn't commit. Innocent people DO get convicted, DO go to jail, and sometimes even confess to either stay alive or spend less time in jail when they feel it's a losing battle. It's not just these young men caught up in our terrible system. There are many you will never hear about. Not only does Gov. Kaine need to do the right thing, but police and prosecutors need to start doing the right thing and stop playing with people's lives. How do they sleep at night? If these young men were their family or a part of their circle, things would be different.