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Two Virginia Men Pardoned From Recent DNA Testing Not Available at Trials

The two exonerations came out of 31 cases that underwent DNA testing as a result of the random sample review ordered by Governor Warner in September 2004

Yesterday, Virginia Governor Mark R. Warner issued absolute pardons for two individuals recently exonerated by DNA testing not available at the time of their trials for sexual assault. Both men already have been released from prison, and prosecutors in Alexandria and Norfolk requested that the Governor conduct an expedited review of these two pardon requests.

Willie Neville Davidson pleaded not guilty and was convicted of sexual assault in Norfolk in 1981. Davidson was paroled in 1992 after serving approximately 11-and-a-half years in prison. Phillip Thurman pleaded not guilty and was convicted of sexual assault in Alexandria in 1985. Thurman was paroled in 2004 after approximately 20 years of incarceration.

"It is important to note that both of these trials occurred in the pre-DNA era. However, the recently concluded DNA review of old serology files at the Department of Forensic Science positively excluded Mr. Davidson and Mr. Thurman as suspects in the crimes for which they were convicted and imprisoned," said Governor Warner. "After a review of both of these cases, I believe that juries given the benefit of the information available today would not have returned a guilty verdict, and I have granted these requests for absolute pardons for these two men."

The two exonerations came out of 31 cases that underwent DNA testing as a result of the random sample review ordered by Governor Warner in September 2004. The Department of Forensic Science has recommended, and the Governor has concurred, that the remainder of the old serology case files be reviewed, and DNA testing done where appropriate.

An absolute pardon is a declaration by the Commonwealth that an individual is completely innocent of the crimes for which they were convicted. It allows an individual to pursue other remedies, including expungement of the conviction from their criminal records.