The Innocence Project Responds to Virginia’s Request for Dismissal of Client’s Actual Innocence Petition

05.09.17 By Innocence Staff

The Innocence Project Responds to Virginia’s Request for Dismissal of Client’s Actual Innocence Petition

In October, the Innocence Project filed a petition for a writ of actual innocence along with attorney Steven Rosenfield, the Mid-Atlantic Innocence Project and Skadden, Arps, Slate, Meagher & Flom LLP for Sherman Brown, who was convicted in 1970 of the murder of a four-year-old boy.

The boy’s mother testified at trial that, one afternoon in 1969, a man knocked on the door of her home and ultimately made his way into the home after asking for a drink of water. Once inside, he asked to have sex with her and when she refused, he struck her unconscious. When she regained consciousness, her underwear was removed, she had been stabbed, and her four-year-old had been stabbed to death.

Initially, the victim identified Brown’s father as her attacker, but subsequently stated that it was Brown who attacked her. DNA evidence from a vaginal smear slide taken at the hospital following the attack excludes both Brown and the woman’s husband.

Last month, the Virginia attorney general’s office asked the Supreme Court to dismiss the petition, focusing a significant portion of the argument on procedural issues, arguing that a chain of custody was not established, and questioning the DNA results.

The Innocence Project responded in a brief on Thursday, stating that a chain of custody has been established, that the Commonwealth’s attacks on Brown’s testing are wrong as a matter of science and its procedural arguments are wrong as a matter of law.

Read the Richmond Times-Dispatch coverage here.

Related: Important Update in the Case of Sherman Brown

Leave a Reply

Thank you for visiting us. You can learn more about how we consider cases here. Please avoid sharing any personal information in the comments below and join us in making this a hate-speech free and safe space for everyone.

This field is required.
This field is required.
This field is required.

Terre Kennedy May 18, 2017 at 8:57 pm Reply   

I also have been following this case, he is innocent and this is a travesty of our judicial system. He should be released so he can spend what time he has left on this earth with his family. He served out country in Vietnam then got railroaded into a murder conviction he didn’t commit. I pray for his release. I also would like for the rape victim to come forward and announce her mistake and give the real perpetrator.

Alyssa Young May 11, 2017 at 10:53 pm Reply   

I believe Mr. Brown’s innocence. I will write to the Supreme Court.

We've helped free more than 240 innocent people from prison. Support our work to strengthen and advance the innocence movement.