Virginia
Virginia Exonerates Marvin Grimm, Jr. in 1975 Murder Case After 45 Years of Wrongful Incarceration – Innocence Project
The State’s Flawed Case
On March 15, 1976, to satisfy the need for corroboration of the plea, the circuit court heard a summary of the state’s evidence against Mr.Grimm. In addition to testimony from police and Mr. Grimm’s confession, the state presented forensic evidence analyzed by Ms. Burton.
This evidence included Ms. Burton’s lab report with results from microscopic testing of the eight hairs found on Mr. Grimm’s car floorboards and on a child’s sock in the car, as well as on a pea coat found in his apartment. Ms. Burton visually inspected slides made from swabs of the pharynx, epiglottis, esophagus, nasal passage, and oral cavity and a towel recovered from Mr. Grimm’s car that had a stain indicating the presence of what she believed to be sperm. Dr. Fierro, who performed the autopsy, also testified, erroneously, that there was spermatozoa on a “thick white gelatinate material” in C.H.’s mouth.
After hearing this forensic evidence and the testimony from officers who obtained Mr. Grimm’s confession, the circuit court accepted Mr. Grimm’s guilty pleas on all three counts and sentenced him to life in prison on the murder and abduction charges, plus 10 years on the sodomy charge.
New Evidence of Mr. Grimm’s Innocence
After years of post-conviction litigation, in April 2023, attorneys from the Innocence Project and Arnold & Porter submitted a petition for writ of actual innocence before the Virginia Court of Appeals, seeking to vacate Mr. Grimm’s murder conviction based on newly discovered DNA and non-biological evidence.
The Virginia Office of the Attorney General joined the petition. On June 18, 2024, the Virginia Court of Appeals granted the petition, based on the newly discovered evidence, including:
DNA Evidence: In 2011, the Virginia Department of Forensic Science performed DNA analysis of the eight hairs found in Mr. Grimm’s car, a sock in the car, and a peacoat in his apartment that were previously attributed to C.H. Through this testing, C.H. was excluded as the source on six of the eight hairs. Testing on one of the two remaining hairs was inconclusive, and the other lacked sufficient mitochondrial DNA to make a meaningful comparison. Thanks to changes in Virginia law, the two remaining hairs were sent to a private, accredited laboratory that was able to analyze the two remaining hairs. C.H. was excluded as the source of both the hairs, and they were determined to be from different sources.
Post-conviction DNA analysis also eliminated Mr. Grimm as a possible contributor of the genetic material detected in the swabs taken from the epiglottis, esophagus, oral cavity, and non-sperm fractions of the pharynx swabs. Further, examinations by the Virginia Department of Forensic Science and two leading private labs of the white substance that had been collected on swabs found no spermatozoa, disproving the medical examiner’s theory of the case.
Toxicology Report: Dr. Jeffrey Brent, a board-certified medical toxicology
physician with a Ph.D. in biochemistry, reviewed the toxicology reports developed during
the autopsy of C.H. In conducting this review, Dr. Brent considered the quantities of the substances present in C.H.’s system, the amount of food identified in his stomach, and his physical size. When all these factors are taken together, Dr. Brent concluded it was more probable than not that C.H. ingested the alcohol, chlorzoxazone, and acetaminophen found in his system at least 90 to 150 minutes prior to his death. This timeline of events would have made it impossible for Mr. Grimm to have committed the crime, since it was undisputed that he was alone in his apartment within 75 minutes after the mother of the child claimed she had last seen her child walk off alone into the woods.
A Long Fight to Prove Innocence Post-Conviction
The campaign to prove Mr. Grimm’s innocence was fought in the courtroom and the statehouse.
Mr. Grimm initially requested DNA testing in the late 1980s, but faced a number of hurdles. At that time, Virginia law did not allow post-conviction DNA testing, and a writ of innocence for new biological and non-biological evidence was only available to people who went to trial, not those who accepted a guilty plea, as Mr. Grimm did.
Years of lobbying legislators in Virginia, an effort led by former Innocence Project Directors of Policy Michelle Feldman and Rebecca Brown, the Mid-Atlantic Innocence Project and the Innocence Project at the UVA School of Law, led to changes in Virginia law.
Because of their efforts, Virginia permitted access to post-conviction DNA testing, lifted the guilty plea bar for those seeking a writ of innocence for new biological and non-biological evidence, and allowed people accused of crimes to get testing at private, accredited labs. Without these reforms, Mr. Grimm would have been unable to make his case for innocence.
Mr. Grimm’s exoneration took decades of painstaking investigation and litigation by a long list of attorneys at the Innocence Project and Arnold & Porter, in particular Ms. Friedman and former Innocence Project attorney Olga Akselrod. These two lawyers spent a combined two decades working on behalf of Mr. Grimm. Innocence Project’s Senior Staff Attorney Tim Gumkoski also joined Ms. Friedman. More recently, Mr.Neufeld and Innocence Project’s Director of Special Litigation Vanessa Potkint added their expertise to the Innocence Project team. Arnold & Porter collaborated with the IP for many years, led by Partner Jeffrey Horowitz and now retired Partner Glenn Pogust, Senior Attorney Robert Grass, and Senior Associate Angelique Ciliberti.
From 2008 to 2017, the University of Richmond School of Law’s Institute for Actual Innocence, directed by Professor Mary Tate, also supported the legal efforts.
“Working to exonerate Mr. Grimm was truly a team effort involving not only our Arnold & Porter team, but also multiple attorneys over the years from the Innocence Project, and could never have been accomplished without the unwavering support of Marvin’s sisters and entire family.” said Mr. Horowitz.
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Innocence Project
The Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. Our work is guided by science and grounded in anti-racism. For more information, please visit www.innocenceproject.org.
Arnold & Porter
Arnold & Porter combines sophisticated regulatory, litigation, and transactional capabilities to resolve clients’ most complex issues. With over 1,000 lawyers practicing in 15 offices worldwide, we offer deep industry experience and an integrated approach that spans more than 40 practice areas. Through multidisciplinary collaboration and focused industry experience, we provide innovative and effective solutions to mitigate risks, address challenges, and achieve successful outcomes.
Virginia
West Virginia Mountaineers: Commitment 101: Jahmir Davis
West Virginia Mountaineers: Commitment 101: Jahmir Davis
Cincinnati (Oh.) La Salle 2025 offensive tackle Jahmir Davis has committed to West Virginia.
The 6-foot-6, 305-pounder, picked the Mountaineers after a weekend official visit to campus where he earned a scholarship offer from the Big 12 Conference program.
The Buckeye State product also held offer from Marshall and Kent State but had been on the West Virginia radar since the summer.
That interest picked up over the past several weeks after a strong senior season where he earned Division II Southwest District All Star first-team selection honors.
Davis was recruited by recruiting coordinators Trey Neyer and Ken Signoretti and then developed into a connection with offensive line coach Matt Moore.
The offensive tackle fills a need for West Virginia in the 2025 class and becomes the third offensive lineman to commit to the program this cycle behind Olney (Md.) Good Counsel 2025 offensive lineman Gavin Crawford and Olney (Md.) Good Counsel offensive lineman Eidan Buchanan.
Overall, Davis is the 23rd prospect to commit to West Virginia in the 2025 class.
WVSports.com breaks down the commitment of Davis and what it means to the West Virginia Mountaineers football program both now and in the future.
Skill set:
Davis possesses excellent size and good athleticism for an offensive tackle. He also has an impressive wingspan which is going to help him in his role at the position. An under-the-radar type, West Virginia has had a lot of success over the years with identifying these athletic body types and molding them for their roles along the offensive front and Davis has the potential to do the same.
The Mountaineers needed to find another tackle type body in this class and Davis checks that box physically, while also impressing with his play on the field as a senior.
Fitting the program:
West Virginia needed more offensive tackle body types in the program with the Mountaineers set to lose both of their starters from the 2024 season to graduation. Buchanan is a major piece to that puzzle, but Davis is also is exactly what the doctor ordered. An intriguing frame, with plus athleticism, Davis is going to need to develop his body at the college level and fill out but has the physical qualities that you’re looking for at tackle.
The offensive lineman has already visited Morgantown so there is a comfort level there and he should be able to step and in start that process in an offensive line room that will lose four players at the end of the year.
West Virginia has continued to make Ohio a key state when it comes to targeting players and Davis is just the latest to join the program in the past couple seasons.
Recruiting the position:
In terms of offensive tackles Davis fills the need there but the Mountaineers are still recruiting one key target on the offensive line in Ohio commitment Parma (Oh.) Padua Franciscan 2025 offensive lineman Brandon Homady. Like Davis, Homady took an official visit over the weekend to Morgantown and the Mountaineers have made him a priority down the stretch as an interior option on the offensive front.
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Virginia
West Virginia Turnpike | Thanksgiving holiday travel forecast
CHARLESTON, W.Va. (WSAZ) – The West Virginia Parkways Authority is expecting an estimated 715,100 total transactions to take place at the West Virginia Turnpike’s three toll booths in the six-day Thanksgiving holiday travel period from Tuesday, November 26, 2024, to Sunday, December 1, 2024.
“Wednesday and Sunday of Thanksgiving week are typically two of the busiest travel days we experience on the West Virginia Turnpike during the entire year” said Jeff Miller, executive director of the Parkways Authority.
On Wednesday, November 27, 2024, 150,000 transactions are expected to take place on the West Virginia Turnpike, with 160,000 transactions expected on Sunday, December 1, 2024.
A total of 127,500 transactions are expected on Tuesday, November 26, 2024, with heavier traffic from 3 p.m. to 7 p.m.; 65,000 transactions estimated on Thanksgiving Day, Thursday, November 28, 2024; and 82,500 transactions estimated on Friday, November 29, 2024. On Saturday, November 30, 2024, the West Virginia Parkways Authority estimates 127,500 transactions at Turnpike toll booths.
Copyright 2024 WSAZ. All rights reserved.
Virginia
UVA Football Report Card: Handing Out Grades for Virginia vs. SMU
It’s time to break down Virginia’s 33-7 loss to No. 13 SMU on Saturday by handing out some report card grades for various players, position groups, and other categories to evaluate the Cavaliers’ performance in week 13.
We’ll save the QB debate of Colandrea vs. Muskett and Tony Elliott’s handling of that situation for another time. We’re only interested in grading Colandrea’s quarterback play on the field… which left a whole lot to be desired. We’ll give Colandrea some slack because he was frequently under duress throughout the game and didn’t turn the ball over for the first time in over a month. What we won’t give him credit for is his artificial completion percentage. He completed 18 of 27 passes (67%), but fueling that (on paper) decent stat is Colandrea’s mind-boggling refusal to throw the ball away or attempt to push the ball down the field. The offensive line is not in good shape, but at least a few of those nine sacks were instances where Colandrea ran himself into sacks instead of getting rid of the ball. The one touchdown pass to Malachi Fields late in the fourth quarter represented everything good and bad about Anthony Colandrea all wrapped up into one play, as he retreated 20+ yards to evade pressure before unleashing a beautiful throw to a target he may or may not have seen open in the back corner of the end zone for a four-yard touchdown pass that traveled more than 30 yards through the air. Unfortunately, the Cavaliers have only seen but rare glimpses of that “electrifyingly good” version of Anthony Colandrea in the last several weeks.
Tony Elliott, at least partially, threw the offensive line under the bus in his postgame press conference on Saturday, citing the team’s inability to protect the quarterback as a reason why inserting Tony Muskett into the game would not have made much of a difference. While that point is debatable, it is true that UVA’s offensive line struggled mightily against SMU, giving up nine sacks and two more quarterback hurries, 12 tackles for loss for a total of -72 yards, and blocking for a ground game that averaged just 1.7 yards per carry. You’re not going to win a lot of games like that.
Something is seriously wrong with Virginia’s passing game and the responsibility is shared among several parties. Anthony Colandrea is scrambling too quickly before going through his reads, isn’t willing to throw receivers open, and hasn’t been able to hit on deep balls since early in the season. For their part, the Cavalier receivers have struggled to gain separation, nor have they been able to turn the short throws into big plays – Chris Tyree has not been nearly as impactful as hoped and Trell Harris is severely missed as a deep threat. We’ve already discussed the offensive line, which has to encourage Colandrea to stay in the pocket by keeping that pocket intact for more than a second or two. And of course, the coaches bear responsibility for not being able to adjust the scheme to put Colandrea and his receivers in better positions to connect, especially in the middle of the field. The outcome of all of this is that an SMU defense that came into this week ranked 13th in the ACC in pass defense managed to hold Virginia to a season-low 108 passing yards.
This isn’t surprising at this point, but it doesn’t make it any less of a problem. Virginia has had games of 73, 68, 7, and 65 yards rushing this season. Not being able to win the line of scrimmage is a big part of it, but Saturday added injury to insult as the Cavaliers lost Kobe Pace and Xavier Brown to injury, leaving Noah Vaughn as the team’s leading rusher in the game. Brown will be out for the rest of the season with a broken collarbone, while Pace is questionable for next week at Virginia Tech.
Virginia averaged 2.6 yards per play. That just about sums it up.
Virginia’s best stat of the game was that SMU running back Brashard Smith, who entered the week as the ACC’s third leading rusher averaging more than 100 yards per game and more than six yards per carry, managed just 63 total rush yards and only 3.3 yards per rushing attempt. The bad news for Virginia is that SMU more than made up for that in the passing game…
The Mustangs threw for 323 yards through the air, including a series of big plays as the Cavaliers were carved up by Kevin Jennings and company. Still, UVA managed to bend, but not break until the late stages of the game, holding SMU to field goals and even coming up with a couple of turnovers to try to set up the Virginia offense with good field position.
For the second week in a row, the UVA defense played well enough to make this a competitive game, only to watch as the UVA offense continued to drop the ball. This game was 7-0 late in the first half and it was even still within reach early in the fourth quarter. John Rudzinski’s unit has been playing well for the last three weeks.
There were no catastrophic special teams miscues, but Will Bettridge missed a 41-yard field goal, Chris Tyree and Kam Courtney both tried to catch a kickoff and fumbled it (barely recovering), and the Cavaliers allowed a 48-yard punt return to Roderick Daniels Jr. Daniel Sparks had a good day punting the ball, so that’s nice.
Virginia finishes the season with a 2-4 record at home, losing those four games by a combined 71 points. The announced attendance on Saturday was 36,305, which was the second-lowest attendance of the season. It seems to be a cyclical problem of poor performances contributing to poor turnout and the resultant poor atmosphere meaning the Cavaliers essentially have zero home field advantage.
Virginia Football: Xavier Brown Out for Season With Collarbone Injury
By the Numbers: Breaking Down Virginia’s 33-7 Loss to SMU
VIDEO: Tony Elliott, UVA Football Players React to SMU Loss
Five Takeaways from Virginia Football’s 33-7 Loss to No. 13 SMU
Virginia Football Rolled By No. 13 SMU 33-7 in Home Finale
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