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Virginia Exonerates Marvin Grimm, Jr. in 1975 Murder Case After 45 Years of Wrongful Incarceration – Innocence Project

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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.

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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

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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. 

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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

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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.





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Senate approves lawmaker pay raise as teacher pay hike stalls in Virginia budget talks

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Senate approves lawmaker pay raise as teacher pay hike stalls in Virginia budget talks


As the legislative session in Richmond comes closer to an end, lawmakers are still hard at work hammering out the budget for the year ahead. This year, the Senate has approved a pay raise for lawmakers after tabling bills that would have provided larger pay increases for teachers.

With the cost of living rising, teachers across Virginia have been watching the proposed budget closely and hoping for higher pay.

In February, a bill that would have raised teacher salaries by 4.5% each year until reaching the national average of $77,000 was tabled until next year. The decision left some educators disappointed.

“It’s definitely disappointing. We’re at a time where we are struggling to keep highly qualified staff in the buildings and in the profession, to be quite honest, because we have to compete with other industries,” Karl Loos, president of the Lynchburg Education Association, said.

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SEE ALSO: ‘Strangest election cycle:’ Registrars prepare for referendum vote despite legal limbo

There is still a 3% increase for teachers included in the proposed Senate budget, and a 2% increase in the House of Delegates’ proposed budget. But Loos said a 3% raise only matches the rate of inflation, and will likely not be appealing enough to fill vacant positions.

“I think certainly teacher pay is a deterrent for a lot of people, especially as they see the amount of work that goes into it and the compensation for that work,” Loos said.

The Virginia Education Association also advocated for the 4.5% pay increase. Chad Stewart, the interim director of Government Relations and Research, said they believe budget uncertainty may have made lawmakers hesitant to commit to long-term increases they might not be able to sustain.

According to the State Fiscal Impact Statement, seen below, it would have required an additional $159.0 million in 2027, and increasing amounts for the next couple of years to meet the goal of reaching the national average.

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“We’ve seen commitments going back decades from previous governors who have all stated they want to get the national teacher pay average, but no governor has ever delivered on it,” Stewart said.

Stewart said the average national pay for teachers they are hoping to meet is $77,000, and that the current average salary for teachers in the Commonwealth is around $70,000. He said ultimately it comes down to the budget, and he hopes in the following years teachers will receive that larger pay increase. Stewart said the organization hopes Gov. Spanberger will be the first to follow through on that promise.

Meanwhile, legislation that would increase pay for state lawmakers was passed in the Senate on Thursday. Republican Del. Tim Griffin of the 53rd District said he voted against the measure.

“I was outraged last week when they raised their own pay. I voted against it,” Griffin said. “When you run on affordability, I think people expected it to be more affordable for the people that live and work in Virginia, not for ourselves. It kind of defeats the purpose.”

When asked about the proposed pay increases in the House and the Senate, Campbell County Superintendent Clay Stanley said in a statement, “I am praying for 3%. Our teachers, at minimum, deserve a raise that matches the cost of living increase.”

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ABC13 reached out to local Democratic lawmakers for comment on the teacher pay raise legislation, but did not receive a response.



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Why a 6-year-old with diabetes is pushing for change in Virginia – WTOP News

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Why a 6-year-old with diabetes is pushing for change in Virginia – WTOP News


First grader Ruston Revell is pressing Virginia lawmakers to pass a bill that he argues will make schools safer for kids with diabetes.

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Why a 6-year-old with diabetes is pushing for change in Virginia

Speaking in front of Virginia lawmakers, 6-year-old Ruston Revell needs a wooden stool to reach the microphone for his testimony about diabetes.

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Dressed in his blue suit and red tie, he’s there on a mission.

“Living with diabetes isn’t easy, there are lots of ups and downs — just like my blood sugar,” Ruston told legislators in the Virginia General Assembly.

The legislation that brought Ruston from Prince William County to Richmond would update an existing law to specify how Virginia schools handle accommodations for students with diabetes.

“When I’m at school, my nurse and all my teachers help me when I need it, but not all kids like me are that lucky,” Ruston told WTOP. “These bills change that, so kids with diabetes can be safer in schools.”

He’s testified before committees in both chambers as corresponding bills move through the Virginia General Assembly. HB1301 and SB122 have both earned support in their respective chamber.

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“Although, I’m small, my voice is big and it can change the world,” Ruston said.

In his testimony, the first grader clearly explained the care he requires to manage his Type 1 diabetes during the school day.

“He just pops up on his little stool and takes control of the room,” said Kelly Revell, Ruston’s mom. “It’s usually a little quiet, and after he finishes, he gets a whole room full of applause.”

Today, Ruston enjoys playing baseball, swimming and spending time at the playground.

But things were different before his diagnosis five years ago.

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A life-changing diagnosis at 15 months old

During the summer of 2020, Kelly said her son started showing signs of diabetes, such as extreme thirst — symptoms she recognized because her father had been diagnosed in his 20s.

“He would just lounge around the house and have no interest in playing with his sister,” Kelly said. “He stopped eating, so he was eventually airlifted to Children’s National in D.C., where he was admitted to the pediatric ICU for nearly a week.”

At just 15 months old, Ruston was diagnosed with Type 1 diabetes. Kelly said that news was life-changing.

“Now, in order to keep him alive, we have to hurt him multiple times a day, by giving him four to five shots and even a dozen finger pricks just to make sure his blood sugar is in range,” she recalled.

Type 1 diabetes is an autoimmune disease where the body attacks cells that make insulin. A lack of insulin can lead to high blood sugar, which could cause serious health issues or be deadly.

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“We had to wake up at 2 a.m. every night for six weeks, before we started utilizing technology, just to make sure that he was safe and healthy with his blood sugar,” Kelly said. “A lot of times, it resulted in phone calls to the hospital because he was at a dangerous level, and then we would be up for hours making sure he was back in range.”

For the Revell family, managing Ruston’s diabetes looks different nowadays.

Ruston Revell, 6, has traveled from Prince William County to Richmond to testify in favor of a bill surrounding Virginia schools and students with diabetes.
(Courtesy Kelly Revell)

Courtesy Kelly Revell

Ruston stands alongside Virginia Sen. Jeremy McPike, who sponsored the bill in the upper chamber
Ruston stands alongside Virginia Sen. Jeremy McPike, who sponsored the bill in the upper chamber.
(Courtesy Kelly Revell)

Courtesy Kelly Revell

Ruston testifying in front of Virginia lawmakers
Ruston and other advocates say the bill would make schools safer for kids with diabetes.
(Courtesy Kelly Revell)

Courtesy Kelly Revell

Ruston and his mom Kelly (middle) have joined other advocates in Richmond to press legislators to pass the bill
Ruston and his mom Kelly (middle) have joined other advocates in Richmond to press legislators to pass the bill.
(Courtesy Kelly Revell)

Courtesy Kelly Revell

Ruston poses in Richmond
The statewide regulations on diabetes care in school haven’t been updated since 1999, Kelly said.
(Courtesy Kelly Revell)

Courtesy Kelly Revell

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How a 6-year-old handles his diabetes

Ruston knows how to prick his finger to check whether his blood sugar is in range.

“My mom and dad help me change my insulin pump every three days, and my CGM every 10 days,” Ruston said, referencing his continuous glucose monitor, known as a CGM.

“It hurts, but at least I don’t have to do shots. They’re the worst.”

Living with diabetes, Ruston needs to calculate the number of carbs he’s getting to determine his insulin dose, which is administered automatically through a pump.

“He is a pro at using a food scale,” Kelly said. “If he wants to eat anything, apple slices, we cut them up, and he puts them on the food scale and determines how many carbs are in that.”

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Halfway through his interview with WTOP, Ruston’s phone beeped, flagging his low blood sugar and triggering a quick juice-box break.

That’s the kind of intervention he could require at school.

“When I’m low, Nurse Barnes tells Ms. Grant for me to have a juice box or gummies,” Ruston said, describing a snack to correct his blood sugar.

At his current school, Kelly said Ruston has had all his medical accommodations met since his first day of kindergarten.

“He gets so many hugs. Everyone knows him. He walks into the front office every day to visit the clinic, and they just they really take care of him,” she said.

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Things were more complicated before Ruston began kindergarten. Kelly said the family was initially told that the accommodations requested by his doctor would not be allowed.

“What was most difficult at the time was the thought that a kindergartener would be responsible for alerting adults if his phone signaled a low or high blood sugar, rather than having trained staff receive those alerts directly through available technology,” she told WTOP.

The situation was resolved, but it drew Kelly’s attention toward legal protections for kids with diabetes.

What Kelly and Ruston are asking Virginia lawmakers to do

ruston stands at podium talking
Ruston told lawmakers about his experience managing diabetes during the school day. (Courtesy Kelly Revell)

For the past several years, Kelly has been involved with an advocacy group, FOLLOWT1Ds, which argues that unclear or inconsistent school policies can create stress for families and put kids in danger.

“Prince William County has updated their diabetes policies recently, so more students with diabetes across our county are better protected,” Kelly said. “But that’s not happening everywhere in Virginia.”

The bills moving through the Virginia legislature would require school systems to create a divisionwide plan for supporting students with diabetes.

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That would include making sure school staff are trained to follow through with a child’s medical orders.

“You really have to put in all of your trust in your school,” Kelly said. “This is a life-threatening disease, and if they forget to give him a juice box when he’s low, that can result in him going to the hospital, or it could be fatal.”

The legislation would also require schools have procedures for administering insulin and glucagon.

Families who have students with diabetes would send schools medical orders from their doctors that outline the child’s needs.

“A lot of times, the schools will either deny or modify these accommodations, even though they’re medically necessary,” Kelly said.

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The statewide regulations haven’t been updated since 1999, Kelly said.

“While we’ve had all of these technology advances, like the insulin pump and the CGM, Virginia still hasn’t advanced their laws to align with standard methods of care that we’re using today,” Kelly said.

Ruston doesn’t receive insulin shots anymore. But Virginia law is behind on that front, according to Kelly and other advocates.

“Right now, the policy in Virginia, if his pump were to fall off while at school, they would, instead of reinsert the pump, they would give him a shot,” Kelly said.

In that scenario, Kelly said the school employee would have to calculate how much insulin to dose.

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“I wouldn’t even know what to dose him, because with the pump, it’s automated nowadays,” she said. “It would require an immediate call to his doctor for guidance.”

She worries that it could lead to a miscalculation and health complications.

Kelly said the lack of consistency can impact older students, too. She said some high schoolers have gotten in trouble for having their cellphones at schools that ban the devices.

But those phones let students monitor their blood sugar, communicate medical treatments and administer insulin.

It’s the second year in a row that advocates like Kelly have asked legislators in Richmond to approve revisions to state law.

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This time, Ruston is joining the push for change by sharing his story with lawmakers.

“I want to make sure other kids in different schools can have more help with diabetes,” Ruston told WTOP.

Anyone interested in following the legislation or submitting a comment to lawmakers can find more information on FOLLOW T1Ds’ website.

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© 2026 WTOP. All Rights Reserved. This website is not intended for users located within the European Economic Area.

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Del. Dan Helmer on Virginia redistricting and congressional run

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Del. Dan Helmer on Virginia redistricting and congressional run


Virginia Delegate Dan Helmer led fellow Democrats to major gains in November’s election. Now he’s turning his attention to the redistricting of the Commonwealth, and a run in the newly proposed 7th district. He joins Sydney Persing on The Final 5 to discuss. 



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