Wrongly Convicted Database Record

 

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Victor Anthony Burnette

 

Charge:

Rape and Burglary

Sentence:

25 years

Years Imprisoned:

8

Year Crime:

1979

Year Convicted:

1979

Year Cleared:

2009

U.S. State or Country of Crime:

Virginia

County or Region of Crime:

Richmond

City of Crime:

Richmond

Result:

Pardoned

Summary of Case:

"Victor Anthony Burnette was wrongly convicted on August 2, 1979 of rape and burglary in Richmond, Virginia. Burnette's prosecution was based on his identification by the victim and the testimony of a state crime lab forensic analyst that one pubic hair in the woman's rape kit was consistent with Burnette's hair, one was unidentifiable, and several were consistent with the victim's pubic hair. After his conviction by a jury Burnette was sentenced to 25 years in prison. Victor Burnette was released from prison on parole in 1987 after serving 8 years of his sentence. In 2006 post-conviction DNA testing of semen recovered from the victim excluded Burnette as her assailant. On April 6, 2009 Virginia Governor Tim Kaine granted Burnette a full pardon on the basis of his innocence. In 2010 the State of Virginia awarded Burnette $226,000 in compensation."

Conviction Caused By:

Erroneous eyewitness identification by the victim.

Innocence Proved By:

"In 2006 post-conviction DNA testing of semen recovered from the victim excluded Burnette as her assailant. On April 6, 2009 Virginia Governor Tim Kaine granted Burnette an full pardon."

Defendant Aided By:

Mid-Atlantic Innocence Project

Compensation Awarded:

"$226,000 (State of Virginia, 2010)"

Was Perpetrator Identified?

Age When Imprisoned:

26

Age When Released:

34

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"30-year-old dna clears richmond man of rape, By Mike Mather, Daily Press (Richmond, VA), March 5, 2009"

Information Location 1:

"http://www.dailypress.com/topic/wtkr-mather-dna-story-mar05,0,6989526.story?page=1&track=rss-topicgallery"

Information Source 2:

"Gov. Kaine pardons two in rape cases, By Frank Green, Richmond Times-Dispatch, April 7, 2009"

Information Location 2:

http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/PARD07_20090406-222710/250491/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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