Newport News Man Spent 7 Years In Prison Before Being Exonerated By the Court

One common motto regarding the American criminal justice system that is often repeated is all defendants are “innocent until proven guilty.” This phrase pertains to the procedural rule that requires the prosecutor to carry the burden of proof in criminal cases. Generally, the role of a Virginia criminal defense attorney is to rebut the evidence that is presented by the prosecutor and ensure that the defendant’s legal rights are protected. Unfortunately, the American criminal justice system failed for one man who spent over seven years behind bars before being exonerated by the Virginia Supreme Court.

Calvin Cunningham was arrested, charged and convicted in connection with a rape that occurred in 1979. The alleged victim was the superintendent of Mr. Cunningham’s apartment complex in Newport News, Virginia. Mr. Cunningham spent over seven years behind bars before he was cleared of the crime through Virginia’s post-conviction DNA program. The Supreme Court of Virginia granted a writ of innocence to Mr. Cunningham earlier this week and he was released from prison shortly thereafter.

According to local news reports, Mr. Cunningham is the eighth man to be exonerated of criminal charges through Virginia’s post-conviction DNA program. The goal of the program is to clear inmates who were falsely accused or innocent of the crimes that they were convicted of through the testing of DNA evidence that was preserved. Most cases involve testing samples that existed and were saved prior to scientific developments in DNA testing and identification procedures.

Post-conviction DNA testing may not be available to all inmates, especially if DNA evidence was not gathered or preserved in their case. However, this program has successfully cleared the names of several individuals who have spent time behind bars for crimes that they did not commit. If you have been arrested or falsely convicted, you should contact an experienced criminal defense attorney in Norfolk, Virginia who can work diligently to protect your legal rights.