76°
forecast

Three of 'Norfolk Four' appeal to Va. high court

Posted to: Chesapeake Military

NORFOLK

Three men convicted for the rape of a Navy wife more than a decade ago have appealed to the Virginia Supreme Court for exoneration.

The three former Navy sailors could have hearings from a three-judge panel as early as this summer, according to lawyers involved in the case.

A Norfolk judge rejected appeals from Danial Williams, Joseph Dick and Eric C. Wilson in February, saying their petitions came too late to be considered. The men want the case reopened because of misconduct by a former Norfolk police detective.

Williams, Dick and another sailor, Derek Tice, were convicted in the 1997 rape and murder of Navy wife Michelle Moore-Bosko, 18, in her Ocean View apartment. Wilson was convicted only of rape. A fifth man, Omar Ballard, confessed to committing the crime alone and is serving a life term in prison.

Although the men confessed to the crimes, they have been trying to clear their names almost since their convictions. Former Gov. Timothy M. Kaine granted partial pardons to three of the men known as the Norfolk Four in 2009, and they have been released from prison.

Stephen Northup, a Richmond-based attorney representing Wilson, said successful appeals would free the men from the legal restrictions of being registered sex offenders and allow them to live productive lives. "These guys are innocent," said Northup, one of a team of attorneys representing the men. "We all believe that very fervently."

Moore-Bosko's family has strongly opposed the appeals. A spokesman for the state attorney general's office declined to comment because the cases remain active.

The appeals are based on misconduct by former Norfolk police detective Robert Glenn Ford discovered during his federal trial for corruption. Ford, a lead investigator in Moore-Bosko's murder, was convicted of corruption charges and sentenced to 12-1/2 years in prison. The conviction was unrelated to the Moore-Bosko investigation.

Norfolk Circuit Chief Judge Everett Martin found the petitions did not include substantial new evidence and rejected the appeals. Martin wrote that the decision was not a ruling on the men's guilt or innocence but rather on the timeliness of their petition.

The issues will be addressed by a three-judge panel of the Virginia Supreme Court. A date has not been set for the hearings, which could be scheduled for the summer or fall.

Williams and Dick also have federal appeals pending, while Wilson's appeal was denied by the same court. A federal court in April granted Tice's petition to clear his criminal record.

Louis Hansen, (757) 446-2341, louis.hansen@pilotonline.com

 

COMMENTS ADVISORY: Users are solely responsible for opinions they post here; comments do not reflect the views of The Virginian-Pilot or its websites. Users must follow agreed-upon rules: Be civil, be clean, be on topic; don't attack private individuals, other users or classes of people. Read the full rules here.
- Comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the report violation link below it.

Legalized Murder

There was a time when individual rights and freedoms had high value in Virginia. The appeals process has failed to protect the Norfolk 4 from miscarriages of justice resulting from jury trials. Now, when the judicial appeals system is confronted with real evidence that absolutely contradicts the basis of the cases against them, there now is a strong case that the Norfolk Police, the County and Commonwealth Attorney Generals, and the Commonwealth Court system have conspired to try to execute innocent men through conscious and systematic abuse of police and judicial powers.

We must remember that the Attorney Generals are elected officials who have a political interest in appearing to stand strong against crime. They must also appear to operate in

In my opinion...

If all of these men, took part in this crime. Regardless of who killed this young woman. Then all should share in the punishment. While Omar Ballard was killing Michelle, did Mr Wilson, Dick Jr, Tice, or Williams, try to stop him??? Or was it, after getting their rocks off, it was time to, make sure Michelle couldn't identify them?? Why is it, that criminals always think they are the victims? That its societies fault, that made them, the way they are. It is so sad, that Michelle isn't here, to testify against these cowards.

After watching Frontline...

Wow was i ever wrong. Mr Wilson, Dick Jr, Tice, and Williams, were the victims. of an over-zealous detective. After 8 plus hours of interrogation, i would have confessed to anything myself. They should have either kept their mouths shut, or demanded an attorney. The Prosecutor's office chose to ignore DNA evidence. And the confession of Omar Ballard, that he acted alone. I believe Virgina will not exonerate these men, because it will be liable for compensation.

"If you went through the

"If you went through the interrogation that these YOUNG men went through with the length of time they were interrogated, you would also have admitted guilt. "

How untrue. I don't care if you beat my face in - I am no puss. If I didn't do it, I'm not owning it. If I did it, then I will own it. And I would have asked for a lawyer quick - or help from my CO or the Navy. They were spineless. Not everyone on this earth is spineless - why admit guilt if you did nothing wrong? Because of idle threats and someone slapping you around a little bit? Ask for a lawyer, use your rights. If you didn't do it, then DON'T ADMIT TO IT! Makes no sense to me!

Embarressing!

After watching the PBS documentary, I was completely embarrassed to be living in Norfolk, VA. I had no idea how unjust this case was and still cannot believe these guys were not cleared.

If you went through the interrogation that these YOUNG men went through with the length of time they were interrogated, you would also have admitted guilt. It got so ridiculous that they brought in two men from another state to try and convict them as well. None of the six out of seven were connected by DNA evidence. The seventh is in jail and is connected by DNA.

If I were anyone thinking that these guys were guilty, I would definitely watch the documentary. Sadly, it could have happened to any young man around that time.

They MUST be guilty

Everyone, (except those who have actually investigated the case) just KNOWS that these guys are Guilty! Now y'all just go away and let them rot.

As is particularly noticeable here, all the facts in the world won't change the opinion of those who refuse to acknowledge the existence of anything that is contrary their beliefs.

Once a murderer, always a murderer

Let these murdering cowards appeal all they want. They participated in the rape and murder of a young woman, confessed this to police, confessed this in a court of law, some snitched on each other, all of them apologized to the court and some cried and apologized to the family members. They were only given conditional pardons because there were questions concerning how police got some evidence. Their convictions still stand! Police, prosecutors, the family and the Governor all believe these vermin are guilty. They will forever be convicted sexual offenders and violent felons.

Name caller

The evidence shows that they are innocent and the story presented by the prosecution makes little sense. Calling people vermin-- well, that's what the Nazi's did.

Not a murderer never was a muderer

The Norfolk 4 did not cry and apologize to the court. All 4 did not even have a trial so how could they apologize to the court?? There is no evidence or DNA linking them to the rape and murder. One day they will be cleared completely of this unjustice and can get on with their lives free and clear.

whats the deal Publius85 ?

Very extreme opinions you have on this case. Were you involved in this case? Did you attend the trial? Or is this just your thoughts? One has to admit there is a lot of strange stuff going on with this case. Not the least of which is the lead detective got sent to prison for his own criminal conduct. It seems that the only reason that there was not a full pardon for these guys was the firestorm of lawsuits and national attention on the Norfolk police department that a full pardon would allow. It seem that a full pardon is just a matter of time. I had no real opinion until I watched the PBS Frontline program on this case. I encourage if interested in this case it is a must watch.
http://www.pbs.org/wgbh/pages/frontline/the-confessions/

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Please note: Threaded comments work best if you view the oldest comments first.

More articles from: Military rss feed   



Toolbox


 

special features