Wrongfully convicted Norfolk man now has cancer

NORFOLK

Arthur Whitfield, a Norfolk man who served 22 years in prison for crimes he did not commit, has liver cancer.

He is scheduled to undergo his second round of chemotherapy Wednesday - the same day legislators may consider a bill that would compensate Whitfield for the time he spent behind bars.

Whitfield was released from prison in 2004, after DNA testing showed he did not commit the two 1981 rapes for which he had been convicted.

But his freedom caused the state Supreme Court to deny him a "writ of actual innocence," or a finding that Whitfield did not commit the crimes, saying the state's code allowed such a 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.

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.

Now the way appears to be clear: State Senate Majority Leader Richard Saslaw, D-Fairfax, said Friday that legislators are poised to consider a bill to compensate Whitfield during a special session called to consider other matters.

Whitfield has struggled to pay his bills since his release and has had to ask his parents for help.

Then, a mysterious pain in his right side lingered and practically hobbled him. Tests revealed a tumor on his liver, he said.

"I can't say I got a bum deal," Whitfield said. "Our lives are already planned. But to get locked up for 23 years, and then it seemed I couldn't get any help from the state and then I found this out - it seemed like three strikes."

After the diagnosis, Whitfield spent about a week in the hospital.

He has lost more than 30 pounds. The chemo causes headaches and nausea.

"My mother gets on me about eating," he said, but he often finds he can eat only a little.

He has good days, too, he said, when the nausea remains at bay. Whitfield said he has tried to stay optimistic about his treatment. His doctors have not said the cancer is spreading.

Additionally, several people made donations to Whitfield after learning of his plight, and the money has helped him catch up on his bills. He has health insurance through his job.

"I'm trying to feel good about things are going to work out," Whitfield said.

Michelle Washington,(757) 446-2287, michelle.washington@pilotonline.com