Washington v. Wilmore

407 F.3d 274, 2005 WL 977009
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 28, 2005
Docket04-1818
StatusPublished
Cited by98 cases

This text of 407 F.3d 274 (Washington v. Wilmore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Wilmore, 407 F.3d 274, 2005 WL 977009 (4th Cir. 2005).

Opinions

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge MOTZ joined. Judge SHEDD wrote a concurring opinion.

OPINION

WILKINS, Chief Judge:

Earl Washington, Jr. brought this action against Curtis Wilmore1 and others, alleging various constitutional violations in connection with his conviction and death sentence for the rape and murder of Rebecca Lynn Williams. See 42 U.S.C.A. § 1983 (West 2003). The district court dismissed or granted summary judgment to all de[276]*276fendants on all claims except for Washington’s claim that Wilmore fabricated evidence. As to that claim, the district court denied qualified immunity. Because we conclude that Washington has alleged the violation of a clearly established constitutional right, we affirm.

I.

A.

Williams was raped and murdered in her Culpeper, Virginia apartment on June 4, 1982. Her assailant stabbed her 38 times and left her for dead, with her two young children in the apartment. Before she died, Williams stated that she was attacked by a black man with a beard.

Almost one year later, in the early morning hours of May 21, 1983, Washington was arrested in Fauquier County, Virginia, for breaking into the apartment of an elderly neighbor and beating her with a chair. He also stole a gun from the victim, which he subsequently used to shoot his brother in a dispute over a woman.

After his arrest, Washington was questioned by Fauquier County Sheriffs deputies Terry Schrum and Denny Zeets. Washington confessed to several crimes during the course of the interrogation, including the rape and murder of Williams. Schrum and Zeets notified Culpeper law enforcement authorities of the situation.

On the morning of May 22, Wilmore — an agent of the Virginia State Police who had been involved in the Williams investigation from the outset — and Culpeper police officer Harlan Lee Hart proceeded to Fauquier County to interview Washington. They met with Washington at approximately 10:00 a.m., informed him of his rights with respect to custodial interrogation,2 and questioned him for approximately one hour. Following this, Wilmore produced a written statement by asking Washington essentially the same questions and writing out, by hand, the questions and Washington’s answers. This statement was subsequently typed by an assistant.

Two days later, Wilmore wrote a police report regarding the interrogation of Washington. In the report, Wilmore stated that Washington “gave pertinent information about the crime that no one knew with the exception of himself.” J.A. 448. Wilmore’s report did not specify what this information was, however.

During his testimony at Washington’s trial for the rape and murder of Williams, Wilmore gave the following pertinent testimony regarding his initial questioning of Washington:

I asked him what occurred at this point and he said I made her undress and why did you make her undress ... I wanted to make love to her ... did she want to make love with you ... no, I was holding a knife on her. Did you have sex with her? One time. Did you stick her with a knife? I stabbed her once or twice before I left the apartment. I asked him at this point, when you left the apartment, did you take anything from it, anything at all? No. Did you leave anything in the apartment? My shirt. At this point I asked Lt. Hart to go to his car, since we had a shirt we had been working with, and to secure it. He brought the shirt in, in a grocery type bag, and I took the shirt out and held it in front of Mr. Washington and asked him if it was his shirt. He said yes, it was his. I asked him how did he know that it was his and he continued, that was the shirt I had on that day. I then asked him what makes it different or what makes it outstanding. He said, [277]*277there’s a patch on the pocket ... had been ripped off.

Id. at 475 (emphasis added). Later in his testimony, Wilmore read to the jury the written statement of the interrogation of Washington. In part, that statement read:

Hart: Did you leave any of your clothing in the apartment?
Washington: My shirt.
Hart: The shirt that has been shown you, is it the one you left in the apartment?
Washington: Yes, sir.
Wilmore: How do you know it is yours?
Washington: That is the shirt I wore.
Hart: What makes it stand out?
Washington: A patch had been removed from the top of the pocket.

Id. at 495 (internal quotation marks omitted). The fact that the perpetrator of the rape and murder had left a shirt in the apartment had not been revealed to the public.

Washington was convicted and sentenced to death. All appeals and collateral review proceedings in state and federal court were denied. In late 1993, however, DNA testing indicated that semen recovered from Williams contained a genetic marker not possessed by her, her husband, or Washington. This evidence was submitted to the governor of Virginia, who issued a conditional pardon commuting Washington’s death sentence to “life imprisonment with the right of parole.” Id. at 527. The governor declined Washington’s request for an absolute pardon, stating that “a review of the trial evidence, including [Washington’s confession,] reveals that he had knowledge of evidence relating to the crime which it can be argued only the perpetrator would have known.” Id. at 526.

Additional DNA testing conducted in 2000 conclusively excluded Washington as a contributor of the semen found at the crime scene. Based on these results, in October 2000 the governor granted Washington an “Absolute Pardon” for the rape and murder. Id. at 530. The governor explained that “a jury afforded the benefit of the DNA evidence and analysis available to me would have reached a different conclusion regarding the guilt of Earl Washington.” Id.

B.

In May 1993, Wilmore and Hart met with Assistant Attorney General John H. McLees, Jr. and told him that “they had been troubled for years that Washington’s sentence was based only on his own confession without any corroborating physical evidence ... especially because of Washington’s limited mental abilities.” Id. at 523. Wilmore contacted McLees in October, and the two discussed the case “at some length.” Id. In a subsequent memorandum (the McLees memorandum), McLees recorded that

[Wilmore] told me that he felt very uneasy about how the record reflects Washington’s confession was obtained, particularly with respect to the incriminating shirt found at the scene which Washington identified as his. Specifically, Wilmore said that he felt like either he or Hart must have mentioned the shirt to Washington before Washington said he left the shirt at the scene, and that his testimony in the record did not accurately reflect that the shirt had been first mentioned by the police.

Id. McLees called Wilmore the next day to ask whether Wilmore “may have been trying to tell me that he knew his testimony was not accurate or had omitted material facts.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
407 F.3d 274, 2005 WL 977009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-wilmore-ca4-2005.