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Wrongly Convicted Database Record
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Charge: |
Rape and Burglary |
Sentence: |
20 years |
Years Imprisoned: |
7 |
Year Crime: |
1979 |
Year Convicted: |
1981 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Virginia |
County or Region of Crime: |
Newport News |
City of Crime: |
Newport News |
Result: |
Judicially Exonerated |
Summary of Case: |
"Calvin Wayne Cunningham was wrongly convicted in 1981 of rape and burglary with intent to commit rape in 1979. Cunningham's conviction was based on his identification by the victim. He was sentenced to 20 years in prison and released in 1988 after serving 7 years of his sentence. In 2005 Virginia Gov. Mark Warner ordered DNA testing of all biological evidence discovered in files from 1973 through 1988. Based on DNA testing unavailable at the time of his trial, in February 2010 Calvin Cunningham was excluded as the assailant. In April 2010 Cunningham filed a petition with the Virginia Supreme Court to vacate his conviction and to iissue a writ of his actual innocence. On April 12, 2011 the Virginia Supreme Court issued a writ of actual innocence to Cunningham. A bill to award Cunningham compensation of $232,000 was introduced in the Virginia legislature, but it was later withdrawn without being voted on." |
Conviction Caused By: |
"Exculpatory biological evidence was discovered in the files of deceased crime lab analyst Mary Jane Burton in cases she was involved in from 1973 to 1988, before DNA testing was used in the U.S. At least 11 people were exonerated by DNA testing of biological evidence discovered in Mary Burton's files: Marvin Anderson, Julius Ruffin, Arthur Whitfield, Willie Davidson, Philip Thurman, Thomas Haynesworth, Calvin Cunningham, Victor Burnette, Curtis Moore, Bennett Barbour and Garry Diamond." |
Innocence Proved By: |
"Based on DNA testing unavailable at the time of his trial, Cunningham was excluded as the assailant and on April 12, 2011 the Virginia Supreme Court issued a writ of actual innocence to Cunningham." |
Defendant Aided By: |
Mid-Atlantic Innocence Project |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
27 |
Age When Released: |
34 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Man exonerated in 1979 Newport News rape, The Virginian-Pilot, April 13, 2011" |
Information Location 1: |
http://hamptonroads.com/2011/04/man-exonerated-1979-newport-news-rape |
Information Source 2: |
"DNA test indicates wrong man convicted in Newport News rape, WVEC.com" |
Information Location 2: |
http://www.wvec.com/news/local/DNA-test-indicates-wrong-man-convicted-in-Newport-News-rape-100458654.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org