The gas and water at Arthur Whitfield's Norfolk apartment have been turned off. His father takes him to work every morning and picks him up every evening because Whitfield's car has been impounded. Since his release from prison in 2004 after DNA tests showed he did not commit the rapes for which he spent nearly 22 years behind bars, Whitfield has struggled to get his life on track.
"I thought a man would just work every day to pay his bills, but it's not that simple," he said.
Now, it appears that Whitfield's very freedom has prevented him from receiving a grant from the state for the decades he wrongly spent in prison. Upon learning of Whitfield's struggles, a state senator has offered to help.
Whitfield was convicted of two rapes in Norfolk's Ghent neighborhood in 1981 and sentenced to 63 years. In August 2004, when DNA results showed Whitfield' s innocence, then-Commonwealth's Attorney Jack Doyle asked that Whitfield be freed on parole to get him out of prison as quickly as possible. Within hours, Whitfield headed home on a bus.
The next month, Whitfield's attorney, Michael F. Fasanaro Jr., petitioned the state Supreme Court to grant his client a "writ of actual innocence," or a finding that Whitfield did not commit the crimes. In November 2005, the court said it could not do so because the state's code prescribed the finding only for those people "currently incarcerated." The ruling meant Whitfield had to seek a pardon from the governor to clear his name, which he requested in December 2005.
Whitfield waited more than three years. One of the rape victims opposed the pardon. Gov. Timothy M. Kaine granted it in April.
Whitfield's lack of an official pardon had meant he could not ask the state for compensation for the time he spent behind bars. When the pardon came through, Fasanaro immediately asked the state Supreme Court to provide Whitfield a $15,000 "transition assistance grant." The money would come from the state's criminal fund and would be deducted from any other payments Whitfield receives. State law provides that people who are wrongfully incarcerated can receive compensation for the time they spent behind bars. The transition grant is intended to help the person until legislators approve other award money.
Once again, the Supreme Court told Whitfield that his freedom would prevent the payment.
"While clearly the Governor's absolute pardon, by its own terms, speaks to your client's underlying innocence," wrote Steven Dalle Mura, the court's director of legal research, Whitfield did not meet the "statutory criteria for wrongful incarceration." To receive the grant as prescribed by the statute, Dalle Mura wrote, Whitfield's conviction must have been vacated by a "writ of actual innocence."
"I do not see how our office can authorize a transition assistance grant from the Criminal Fund unless the specific statutory criteria are met," Dalle Mura wrote. Fasanaro could not hide his frustration at being stymied, again, by Whitfield's freedom.
"So Jack Doyle should have kept him locked up a little longer?" Fasanaro said. "I have banged my head against every wall in this office."
Whitfield showed neither anger nor bitterness. In five years, Fasanaro said, Whitfield has never lost his temper, never used a cuss word.
"Who would I be angry at?" Whitfield asked. "The public? The people that put me here? In their mind they did the right thing."
But he cannot deny his embarrassment at asking his father for help in paying his bills. He worries about the Lamberts Point street he lives on - he said he posted "no trespassing" signs after people approached him with drugs as he left his house, and two people used marijuana on his doorstep.
"I understand that life isn't easy," Whitfield said, "but I thought it would be a little bit better than what it is."
On Wednesday, a change in the state law took effect that would have prevented the situation Whitfield finds himself in - the word "incarcerated" was removed from the statute regarding writs of actual innocence. That means people who were freed, as Whitfield was, can petition for a finding that they were actually innocent. State Sen. Kenneth Stolle, R-Virginia Beach, said the statute was originally written to help those most in need - those wrongfully convicted, but still imprisoned.
Stolle remembered meeting Whitfield a few years ago, when Whitfield came to a Courts of Justice committee meeting to thank Stolle for the change in state law that permitted the DNA testing in his case. Stolle recalled being struck by Whitfield's lack of anger for the years he had lost in prison.
"I hate to hear all that," Stolle said Wednesday when he learned of Whitfield's current situation. Stolle offered to meet with Whitfield and to help speed his request for compensation.
That, said Whitfield, is exactly what he needs.
"I just want some help," he said, "help to get back on my feet."
Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com
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This poor guy was wrongfully accused and has lost YEARS of his life and you people worry about whos account a check was written off of!?! Are you serious? This man will never be repaid for all that he has lost, in life or money.. Walk in his shoes and then lets hear how many ignorant comments you post.
Bornfree two can play this game
Bornfree: The bible also says to render unto Caesar that which is Caesar's. Why was his car impounded? What law did he break? Did he not pay parking tickets? Did he break some traffic laws? There is something not kosher here. The police just don't impound your car for no reason.
sad story
this is just a sad story but the walks of a brave man ready to battle the state of va.,Go for it because you earned it with 22 yrs. of your life and you get out and try to do right and you have some bumps along the way and people say this or that,hold your head up help is not far just keep your faith and hold on,sam cook said a change is coming, may god bless you and your family...
Lets back up here. The
Lets back up here. The article says the gas and the electric have been shut off and his car has been impounded? Since the gas and electric company require a deposit and a credit check,who's name was the account in? And who paid for the car? That took money to buy a car.Who paid for that? At sometime when he got out he had a job obviously that enabled him to have these things. What is so different now about his life that he isn't able to maintain the upkeep of a vehicle and keep his utilities on? There is more to this story than is being reported.
ediesinger
I recall from previous posts that you are a Christian. Re-read the parable of the Good Samaritan then put yourself in Mr. Whitfield's shoes. The man spent 22 years in a hell he didn't deserve. Whether he got the car and the money for his security deposits from a city agency, family, friends, a church or other charity, or from working day labor jobs for less than minimum wage (the only job recently released prisoners can find)should be none of our concern. We should be rejoicing in his freedom and doing what we can as citizens (and as Christians) to fix our broken criminal justice system and to help the "least of these" among us. Also read Matthew 25.
Mr, Whitfield continue to be humble
I am so sorry for your lost(22 yrs incarceration)I have not walked in your shoes but my son is in the same situation he has been icarcerated now for 16,17 yrs for a crime he has not comitted and the Innocent Project is working very hard to clear him now. He has lost his childhood, teens life just gone behind false inprisonment. So, I can imagine how you must feel. he was jailed at age 14 now he is 30 he has gotten his GED, and several Trades, now he is trying to take some college courses to help him for when he do get out, he will have something to fall back on. I will continue to pray for you and I thank all of the people who is helping you got get on your feet. Oh, Thank's Dad for your support as well. Continue to be strong I will continue to keep the prayers going up and the blessing will surely come.
The Justice System is gulilty of an Injustice to this Gentleman.
One more reason why I don't want the Gangster Government in charge of my health care.
Best Luck to you Mr. Whitfield.
Stay Gold,
TPB
help accordingly
if this is fact,then it is the responsiblity of the state to compensate accordingly. a lump sum will be a bad idea, first off, he needs gainful employment,training, start there, then subsidize his utility until he is able to pay himself, help with housing,make him a home owner,an affordable home. not public assistance living.healthcare provide his healthcare. remember 22 years of his life was wasted.thats the least the state can do. then see about financial compensation.
Hmmmmm
Wrongly convicted and denied the ability to provide for his future by faulty witness testimony and probably a over zealous prosecutor and we can't even come up with temporary assistance for a man who does go to work (read the story folks, his father drives him to work.) Let's say he could have made an average of $25000 a year. By multiplying that by 22 years please adding maybe 5% interest, not compounded, he had the earning potential of $577,000, give or take. Maybe he would have married and had children, adding to the economy. We, as the people of this state, owe him at least this. At least He isn't suing the witness for false testimony and false imprisonment.
Our System is broke. We incarcerate more than any nation.
First of all an apology and a letter of pardon from the governor should have been issued immediately upon his found innocence release date. A fund should be established to compensate and care for those we punish unjustly. He has not paid into social security, a 401 K and has no retirement. This due to the system failing this man and his family. He should be awarded a min of $300,00 for damages and retirement compensation. Provided training to start a career, As he is still young enough to work if he chooses. I believe we are too quick to prosecute and we all know EYE witness IDs often fail to Identify the criminal in question
HELP THIS MAN
A trouble thing to be in jail
It is a sad story to hear someone was been done wrong, but isn't there an education system in prison that Mr. Whitfield could have used to help him. If so, knowing that he was innocent and having a possiblity of getting out of prison. He could have used his time more wisely to make a productive life after prison and on the tax payers dime. I don't mean to be negative, but we all make our own destiny and its not on feeling sorry for ourselves.
keep it reasonable
It's a sad situation, but it happens. Much like crippling car accidents or strikes by lightning, or e3ven heart attacks for that matter. It's not plausible to be perfect and will never be. The harder we try, the worse or over-bearing it gets. But it's still the best in the world for a while longer, then we'll be in Marshall law mode.
Anyway I do feel there should be some assistance made, but definitely not a road to riches apy back. It wasn't a malicious mistake. It should be dependent upon age and length of incarceration. We all know their family will end up milking them of what they get back anyway.
tricks?
It wouldn't surprise me if after five years of jerking this man around, they will all of a sudden admit they owe him then say sorry, the statute of limitations expired, so we don't have to pay you anything. The state did that to me over a tax refund.
Arthur Whitfield
It is unfortunate that Mr. Whitfield has to continue to suffer after all that he has been through. It just goes to show that people of color and their situations are not a priority if they are not to demean, or berate them to others. The city council of the locality of his conviction should have dispersed this money with one vote and had this man compensated by now. But instead items on their agendas which are of personal interest and gain to themselves.
All good citizens should rally behind this man and help him to recover from his ordeal of over 20 yearx in incarceration. Also, couldn't he file a civil suit those who wrongfully convicted him? Let a lawyer pick this up and help him! Bless you Mr. Whitfield, I hope you continue to be strong and steady.
All about the money
Yes, he should be compensated for these years...but the money should come from the person/persons who gave false testimony and wrongly convicted him. The money shouldn't come from the "state" (this means you and I), we didn't put him there.
Heads should roll
I realize that mistakes are made, but it is ridiculous that this man has had to go so long without renumeration. Whoever is responsible for this injustice should be gone.
Thank you Mr. Stolle for
Thank you Mr. Stolle for helping this man out. Where's Louise??
After 22 years...
He should be provided with a 'retirement'. His productive years were spent incarcerated, and both the Governor, and the states criminal justice system pretty much dropped the ball upon releasing him, when they failed to ensure that he was provided with what he deserved from being improperly incarcerated for 22 years. Now, he has no skills, besides what he might've learned in prison, he has the stigma of having spend almost half his life in jail, and he's too old to start a new career. All this, and he did nothing wrong.
depressing
This man was wrongly convited and spent 22 years of his life behind bars, in a place that no one wants to spend 22 seconds in....and the way we show him support after DNA (that without doubt convicts people these days) proves his innocense, we still continue to find ways to not make this right. Hey Mr Whitfield, you wanna see how efficient our justice system can be.....go get caught driving a car w/o a license and see how quickly paperwork gets processed!!! And one other thing....why did one "victim" oppose the Governor pardoning him if DNA proved he wasn't the person who in fact comitted the crime, and is she concerned that the REAL suspect was not caught??
More than monitary compensation
This gentleman was unable to build a career through the yrs necessary because of being wrongly accused. It's difficult to begin now although he may want to as bad as you or I would. I would hope that he'd be compensated while being trained in a career now just like the military extends to those coming out of 20 yrs of service, with no idea what they would like to do for a job. Those involved with brushing him off or sweeping his case under the rug should have a heavy conscience. Asking for a simple humble $15,000 is nothing compared to a life time lost and not enough for the mistake. Training and retirement comes next.