U.S. judge overturns Culpeper capital murder conviction
Citing police and prosecutorial misconduct, a federal judge has tossed out a 2001 capital murder conviction against Michael Wayne Hash in Culpeper.
U.S. District Judge James C. Turk gave authorities six months to retry Hash or set him free. Turk, who sits in Roanoke, also found that Hash’s defense lawyers did not perform up to constitutionally acceptable standards.
It is the second Virginia capital murder conviction tossed out by a federal judge in part for prosecutorial misconduct in less than a year. In July, the conviction and death sentence imposed on Justin Wolfe in Prince William County were vacated.
“Hash’s case, if anything, is stronger" than Wolfe's, Turk wrote about one of Hash’s claims in the judge’s 64-page opinion released Tuesday.
“Having reviewed the voluminous record in this case, the court is disturbed by the miscarriage of justice that occurred in this case and finds that Hash’s trial is an example of an ‘extreme malfunction in the state criminal justice system,’” concluded Turk.
In both cases the federal judges ruled prosecutors concealed evidence that could have helped the defense and used testimony they knew was false.
U.S. District Judge James C. Turk gave authorities six months to retry Hash or set him free. Turk, who sits in Roanoke, also found that Hash’s defense lawyers did not perform up to constitutionally acceptable standards.
It is the second Virginia capital murder conviction tossed out by a federal judge in part for prosecutorial misconduct in less than a year. In July, the conviction and death sentence imposed on Justin Wolfe in Prince William County were vacated.
“Hash’s case, if anything, is stronger" than Wolfe's, Turk wrote about one of Hash’s claims in the judge’s 64-page opinion released Tuesday.
“Having reviewed the voluminous record in this case, the court is disturbed by the miscarriage of justice that occurred in this case and finds that Hash’s trial is an example of an ‘extreme malfunction in the state criminal justice system,’” concluded Turk.
In both cases the federal judges ruled prosecutors concealed evidence that could have helped the defense and used testimony they knew was false.
"We are thrilled that our client has finally been exonerated," said Matthew Bosher, a Richmond lawyer and partner at Hunton & Williams who represented Hash.
"There has never been any credible evidence that Mr. Hash had anything to do with this crime. He spent the last 12 years -- his entire adult life -- in prison for a crime he did not commit because the system completely failed him. We certainly agree with Judge Turk that the conduct of law enforcement officials in Culpeper was outrageous and offensive," said Bosher.
Shawn Armbrust, Executive Director of the Mid-Atlantic Innocence Project, said, "The court’s opinion validates what our client, his family, and his legal team have said from the beginning – that Mike Hash did not commit this crime and that the tactics used to obtain his conviction were reprehensible. We hope the Culpeper authorities will now do the right thing and decide not to retry Mike, so he can go home to his family as quickly as possible."
"There has never been any credible evidence that Mr. Hash had anything to do with this crime. He spent the last 12 years -- his entire adult life -- in prison for a crime he did not commit because the system completely failed him. We certainly agree with Judge Turk that the conduct of law enforcement officials in Culpeper was outrageous and offensive," said Bosher.
Shawn Armbrust, Executive Director of the Mid-Atlantic Innocence Project, said, "The court’s opinion validates what our client, his family, and his legal team have said from the beginning – that Mike Hash did not commit this crime and that the tactics used to obtain his conviction were reprehensible. We hope the Culpeper authorities will now do the right thing and decide not to retry Mike, so he can go home to his family as quickly as possible."
Culpeper Commonwealth's Attorney Gary L. Close could not be immediately reached for comment.
In the Hash case, Thelma B. Scroggins was slain in her home in July 1996. She had suffered four gunshot wounds in her head, three on the left side and one to the back of her head with a .22-caliber weapon.
The DNA at the scene matched the victim and no match was ever made with five fingerprints recovered by authorities.
Hash, who denied any involvement in the crimes, was just 15 when Scroggins was slain. He was convicted of capital murder on Feb. 9, 2001, and sentenced to life in prison without possibility of parole.
Earlier a co-defendant, Jason Kolby, had been tried and acquitted of the murder.
The prosecution had no physical evidence linking Hash to the crime and relied on the testimony of three key witnesses to prove the case: an eyewitness, Eric Weakley; Hash’s cousin, Alesia Shelton; and Paul Carter, a jailhouse snitch.
Weakley, convicted of second-degree murder, later recanted his statements implicating Hash, said the details he knew about the slaying were given to him by Culpeper authorities. Prosecutors also failed to disclose an agreement with Weakley in exchange for his testimony.
Both Weakley and Shelton failed polygraph examinations but Hash’s trial lawyers were never told.
In the Hash case, Thelma B. Scroggins was slain in her home in July 1996. She had suffered four gunshot wounds in her head, three on the left side and one to the back of her head with a .22-caliber weapon.
The DNA at the scene matched the victim and no match was ever made with five fingerprints recovered by authorities.
Hash, who denied any involvement in the crimes, was just 15 when Scroggins was slain. He was convicted of capital murder on Feb. 9, 2001, and sentenced to life in prison without possibility of parole.
Earlier a co-defendant, Jason Kolby, had been tried and acquitted of the murder.
The prosecution had no physical evidence linking Hash to the crime and relied on the testimony of three key witnesses to prove the case: an eyewitness, Eric Weakley; Hash’s cousin, Alesia Shelton; and Paul Carter, a jailhouse snitch.
Weakley, convicted of second-degree murder, later recanted his statements implicating Hash, said the details he knew about the slaying were given to him by Culpeper authorities. Prosecutors also failed to disclose an agreement with Weakley in exchange for his testimony.
Both Weakley and Shelton failed polygraph examinations but Hash’s trial lawyers were never told.
Matthew Engle of the University of Virginia Innocence Project Clinic, who is representing Weakley, said he will seek a pardon from Gov. Bob McDonnell this spring.
Carter testified that while he was being held at the Albemarle-Charlottesville Regional Jail where Hash was also being held, Hash admitted he committed the crime and offered such details as the caliber of the weapon.
On cross examination, Carter said he had only assisted prosecutors on one other occasion. After the trial it was learned Carter had implicated at least 20 people in three different federal prosecutions – something his defense lawyers failed to discover.
Carter also testified that it was his understanding that his testimony in the state trial of Hash would not help him with pending charges in federal court.
Following the trial, Hash’s new lawyers discovered 25 letters written by Carter to a federal judge concerning a motion to have his sentence reduced in light of his testimony at Hash’s state trial, directly contradicting his testimony. Five of the letters were written before Carter testified.
Turk wrote that Hash had proved the prosecutor’s “falure to disclose the agreement and subsequent bolstering of Carter’s false testimony violated Hash’s due process rights.”
“Considering the cavalcade of evidence that Hash has come forward with demonstrating police and prosecutorial misconduct, which stands largely uncontested . . . this court finds that Hash has made a sufficient showing of misconduct to find the investigation violated his due process rights and warrants relief,” wrote Turk.
On cross examination, Carter said he had only assisted prosecutors on one other occasion. After the trial it was learned Carter had implicated at least 20 people in three different federal prosecutions – something his defense lawyers failed to discover.
Carter also testified that it was his understanding that his testimony in the state trial of Hash would not help him with pending charges in federal court.
Following the trial, Hash’s new lawyers discovered 25 letters written by Carter to a federal judge concerning a motion to have his sentence reduced in light of his testimony at Hash’s state trial, directly contradicting his testimony. Five of the letters were written before Carter testified.
Turk wrote that Hash had proved the prosecutor’s “falure to disclose the agreement and subsequent bolstering of Carter’s false testimony violated Hash’s due process rights.”
“Considering the cavalcade of evidence that Hash has come forward with demonstrating police and prosecutorial misconduct, which stands largely uncontested . . . this court finds that Hash has made a sufficient showing of misconduct to find the investigation violated his due process rights and warrants relief,” wrote Turk.