VA- Partial Justice for the Norfolk Four

Why would the Governor not give a full pardon under these circumstances?

8-16-2009 Virginia:

Gov. Tim Kaine of Virginia did nearly the right thing this month when he gave conditional pardons to three members of the “Norfolk Four.” Given the overwhelming evidence that these sailors were wrongly convicted of rape and murder, it is welcome news that all are now free. But because Mr. Kaine did not grant a full pardon, they will continue to be stigmatized.

Derek E. Tice, Joseph J. Dick Jr., Danial J. Williams and Eric C. Wilson were convicted in the 1997 rape and murder of Michelle Moore-Bosko in Norfolk. It was a horrific crime, but it seems clear that it was committed by someone else. Omar Ballard, who knew the victim, has confessed. His D.N.A. matched evidence from the crime scene, and he has said that he acted alone.

The case against the four sailors, none of whom had prior criminal records, was based almost entirely on their confessions, which followed high-pressure interrogations. Legal experts say that false confessions are surprisingly common, especially when suspects are harshly questioned and, as in this case, threatened with the death penalty if they do not confess.

One of the four, Mr. Wilson, who was not convicted of murder, served his sentence and was released in 2005. The three others were given life sentences. Governor Kaine declared that they had raised “substantial doubts” about their convictions and the justification for continuing to imprison them. He reduced their sentences to time served. But he denied all four the absolute pardons they sought, saying they had not “conclusively established” their innocence.

At a time when politicians do everything they can to show they are tough on crime, Mr. Kaine deserves credit for releasing them. But without being fully cleared, these men are likely to have considerable trouble returning to normal lives. They could have trouble finding jobs. And they may spend years on parole, the requirements of which are often so elaborate that even well-meaning parolees end up in violation and back in jail. They will also be subject to sex-offender registration requirements.

The men should not give up. They may still be able to persuade a court to overturn their convictions, or Governor Kaine to grant a full pardon. The miscarriage of justice in this case has been diminished, but not wiped away. ..Editorial.. by NY Times