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everybody. Or good

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afternoon. I'm

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Charnell Herring, I'm

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chair of the Virginia

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State Crime

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Commission. I just

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just wanted to

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welcome everybody and

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those in the audience

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joining us, as well

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have done some great

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work for the

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Commonwealth of

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Virginia. So with

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that, I'm going to

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ask everybody to

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introduce themselves,

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the members, and then

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we'll turn to staff

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>> My name is Keisha

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Evans. I am newly

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appointed to the

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Crime Commission. So

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first I would like to

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say thank you,

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Governor Abigail

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two of those years I

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was in executive

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leadership at the

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office of the

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Commonwealth Attorney

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in Arlington,

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Virginia. So I am

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happy to be here. I

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have a bachelor's in

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to forget I'm an

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elected official in

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Stafford, so I'm

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representing Falmouth

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District and so I'm

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happy to be here

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again.

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>> Thank you.

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>> Hi, I'm Delegate

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>> Thank you so much,

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chair.

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>> Hi. Good afternoon.

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I'm Delegate Patrick

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Hope. I represent the

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first district part

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of Arlington County.

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>> Delegate Terry

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Kilgore. Good to be

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of Hampton. I am a

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career prosecutor

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dating back while

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since 1996, first in

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Portsmouth and then

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in Hampton since 2000,

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Mental health

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Virginia, and then

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had a career in

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criminal justice,

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working for community

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corrections and Dcjs.

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General's office. My

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background I've had

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experience in

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criminal justice and

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public safety for

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over 20 years. I

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started my career as

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a public defender,

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worked for the Public

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defender indigent

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the work of the

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Commission.

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>> Thank.

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>> You, thank you.

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Welcome. All right.

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I'm going to now turn

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it over to our

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illustrious executive

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director. And I was

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just telling somebody

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I've known, oh, do we

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have another. Oh

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eighth district,

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Lynchburg, Bedford

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and Campbell counties.

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the state Senate. And

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I'm also a practicing

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criminal defense

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lawyer.

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>> Thank you, Senator.

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And now our

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illustrious executive

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Director. What I was

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saying to somebody is

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that I met Kristen

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you for all your work.

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>> Absolutely. Thank

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you. Kristen Howard,

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director of the Crime

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Commission, been here

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for 26 years and 17

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as director. And so

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welcome to our new

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Crime Commission

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to you today. I will

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start at this end. We

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have Tracy Rowe.

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She's a senior

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research analyst.

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She'll be presenting

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one of the

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presentations today.

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She's been with the

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Crime Commission for

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been working steadily

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on all the court data

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for us. So she is our

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data guru. Next we

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have Keshia Kovacs.

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She is received her

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PhD. She's a senior

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And then down at this

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end, we have Amanda

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Muncy. She's our

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attorney. She's been

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here for about six

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years now and been

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working on the Mary

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Jane Burton Project

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enormous amount of

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time helping with

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that. Next we have

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Adi Namboodiri. She's

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our newest hire. She

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was a fellow at VCU,

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and we are really

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excited to have her

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on board. Next is

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Colin Draper. He is

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our deputy director.

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I first started here

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as an attorney with

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the Crime Commission

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and has been here for

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him around here. And

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last but not least is

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Christina Arrington.

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She also has her PhD.

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She is also a part

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time faculty member

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has been the lead on

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Mary Jane Burton.

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Both what will be

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presented today, but

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also, as you'll hear

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her talk about the

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Crime Commission was

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also involved in the

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post-conviction DNA

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on that. I think she

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spent more time at

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DFS this year than in

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our own office. So

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yeah, she's been with

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the Crime Commission

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for 22 years. So she

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is we've been

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And I'll just turn it

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back over to you to

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go over the overview

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of the 2026 studies

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for this year.

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>> Absolutely. Thank

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you, Madam Chair. In

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you want to introduce

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yourself?

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>> 15 minutes. I

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guess I wasn't added

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as a panelist, but I

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am here.

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>> Yes, ma'am. Do you

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want to introduce

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yourself to our new

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members?

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you. Glad to be here

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again today.

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>> Thank you. All

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right, Kristin, back

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to you.

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>> Yes. Members, in

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your meeting

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materials, you have

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abbreviated version

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for many, many years.

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We've been monitoring

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00:21:17,404 --> 00:21:18,436
the implementation of

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the new laws that

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took effect last year,

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and are excited to

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report that we've had

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courts and state

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police and the

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clerk's

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Commonwealth's

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attorneys, the State

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Bar Indigent Defense

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Commission, and to

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make sure that

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everything is running

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smoothly. And so far,

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everything that we

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your consideration

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00:21:55,409 --> 00:21:56,641
this year, just to

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provide clarity to

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the field on the new

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00:21:59,213 --> 00:22:01,012
sealing laws. Another

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00:22:01,014 --> 00:22:02,147
topic that we'll be

223
00:22:02,149 --> 00:22:03,148
spending a lot of

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00:22:03,150 --> 00:22:04,216
time on is the Mary

225
00:22:14,294 --> 00:22:15,560
also the legislation

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00:22:15,562 --> 00:22:16,828
that created a review

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00:22:16,830 --> 00:22:17,529
panel to take a

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00:22:17,531 --> 00:22:19,030
deeper dive into

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certain cases that

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Mary Jane Burton

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00:22:20,801 --> 00:22:21,866
worked. So we'll hear

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in-depth update on

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guardrails for the

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use of Alpr for law

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00:22:37,351 --> 00:22:37,782
enforcement. Crime

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00:22:37,784 --> 00:22:39,150
Commission staff is

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currently completing

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a survey to law

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00:22:40,921 --> 00:22:42,387
enforcement agencies,

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and we will have the

241
00:22:43,490 --> 00:22:44,522
results of that

242
00:22:54,601 --> 00:22:55,700
Crime Commission

243
00:22:55,702 --> 00:22:56,735
studies dealing with

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00:22:56,737 --> 00:22:58,570
impaired driving.

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00:22:58,572 --> 00:22:59,571
Dcjs has a youth

246
00:22:59,573 --> 00:23:00,038
human trafficking

247
00:23:00,040 --> 00:23:02,207
pilot program. Dcjs

248
00:23:02,209 --> 00:23:03,208
also has their Office

249
00:23:03,210 --> 00:23:04,342
of Safer Communities

250
00:23:14,788 --> 00:23:15,954
many years of work.

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00:23:15,956 --> 00:23:17,322
And now the Virginia

252
00:23:17,324 --> 00:23:18,056
Criminal Sentencing

253
00:23:18,058 --> 00:23:19,090
Commission has

254
00:23:19,092 --> 00:23:20,158
carried the torch on

255
00:23:20,160 --> 00:23:20,959
that, and they

256
00:23:20,961 --> 00:23:21,860
publish an annual

257
00:23:21,862 --> 00:23:23,061
report. So we

258
00:23:23,063 --> 00:23:24,496
continue to monitor

259
00:23:34,241 --> 00:23:35,640
for pretrial service

260
00:23:35,642 --> 00:23:37,809
agencies to use. And

261
00:23:37,811 --> 00:23:38,877
lastly, we are

262
00:23:38,879 --> 00:23:39,944
continuing to monitor

263
00:23:39,946 --> 00:23:41,046
firearm purchaser

264
00:23:41,048 --> 00:23:42,147
licenses was a topic

265
00:23:42,149 --> 00:23:43,548
we looked at last

266
00:23:43,550 --> 00:23:44,282
year, and we're

267
00:23:53,994 --> 00:23:55,060
earlier that Caitlyn

268
00:23:55,062 --> 00:23:56,594
has been combing

269
00:23:56,596 --> 00:23:57,662
through ten years of

270
00:23:57,664 --> 00:23:58,663
all district and

271
00:23:58,665 --> 00:23:59,764
circuit court data.

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00:23:59,766 --> 00:24:01,266
We are preparing that

273
00:24:01,268 --> 00:24:02,267
so that we will have

274
00:24:02,269 --> 00:24:03,768
at our fingertips all

275
00:24:03,770 --> 00:24:04,502
of the different

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00:24:14,681 --> 00:24:15,980
another agency for

277
00:24:15,982 --> 00:24:17,782
that information. We

278
00:24:17,784 --> 00:24:18,850
also have some new

279
00:24:18,852 --> 00:24:19,851
studies. If you flip

280
00:24:19,853 --> 00:24:20,919
over to the back of

281
00:24:20,921 --> 00:24:22,854
your sheet that were

282
00:24:22,856 --> 00:24:23,888
required by

283
00:24:23,890 --> 00:24:24,422
legislation, either

284
00:24:34,735 --> 00:24:35,800
Health and Human

285
00:24:35,802 --> 00:24:36,301
Resources. They will

286
00:24:36,303 --> 00:24:37,569
be issuing a report

287
00:24:37,571 --> 00:24:39,070
later this fall on

288
00:24:39,072 --> 00:24:40,071
some recommendations

289
00:24:40,073 --> 00:24:41,539
in regard to that

290
00:24:41,541 --> 00:24:42,941
topic. I've also been

291
00:24:42,943 --> 00:24:43,808
serving on the Fees

292
00:24:43,810 --> 00:24:44,776
and Fines Workgroup

293
00:24:54,988 --> 00:24:55,987
this fall. But their

294
00:24:55,989 --> 00:24:56,955
final report will not

295
00:24:56,957 --> 00:24:58,857
be until next year.

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00:24:58,859 --> 00:25:00,658
We have also been

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00:25:00,660 --> 00:25:01,292
invited to

298
00:25:01,294 --> 00:25:01,726
participate in the

299
00:25:01,728 --> 00:25:02,761
Virginia State Police

300
00:25:02,763 --> 00:25:03,828
Criminal History

301
00:25:14,341 --> 00:25:15,006
and has the

302
00:25:15,008 --> 00:25:16,107
Department of

303
00:25:16,109 --> 00:25:17,375
Education, with the

304
00:25:17,377 --> 00:25:18,643
Crime Commission in a

305
00:25:18,645 --> 00:25:19,244
consulting role and

306
00:25:19,246 --> 00:25:20,445
been working closely

307
00:25:20,447 --> 00:25:21,446
with them. We'll have

308
00:25:21,448 --> 00:25:22,213
their report also

309
00:25:22,215 --> 00:25:24,382
this fall, and the

310
00:25:34,861 --> 00:25:35,927
Virginia State Police

311
00:25:35,929 --> 00:25:36,961
Witness Protection

312
00:25:36,963 --> 00:25:38,430
Program and the State

313
00:25:38,432 --> 00:25:40,231
Child Fatality Review

314
00:25:40,233 --> 00:25:41,666
Team and the Virginia

315
00:25:41,668 --> 00:25:42,367
Criminal Justice

316
00:25:42,369 --> 00:25:43,435
Conference. So we

317
00:25:43,437 --> 00:25:44,269
have our pulse on a

318
00:25:54,648 --> 00:25:55,380
month. We're

319
00:25:55,382 --> 00:25:55,780
currently in the

320
00:25:55,782 --> 00:25:56,815
Patrick Henry

321
00:25:56,817 --> 00:25:57,449
building, and we will

322
00:25:57,451 --> 00:25:58,550
be moving to Old City

323
00:25:58,552 --> 00:25:59,517
Hall. So we'll be

324
00:25:59,519 --> 00:26:00,518
moving a little

325
00:26:00,520 --> 00:26:01,486
closer. So especially

326
00:26:01,488 --> 00:26:02,554
for General Assembly

327
00:26:02,556 --> 00:26:03,254
session, inclement

328
00:26:03,256 --> 00:26:03,988
weather, we won't

329
00:26:14,835 --> 00:26:15,834
hopefully will be on

330
00:26:15,836 --> 00:26:17,702
boarding 1 or 2

331
00:26:17,704 --> 00:26:18,470
attorneys, and we'll

332
00:26:18,472 --> 00:26:19,771
be hopefully fully

333
00:26:19,773 --> 00:26:21,039
staffed very soon. We

334
00:26:21,041 --> 00:26:22,006
are finishing up our

335
00:26:22,008 --> 00:26:24,175
interview process now

336
00:26:34,588 --> 00:26:35,253
questions if you have

337
00:26:35,255 --> 00:26:35,987
any.

338
00:26:35,989 --> 00:26:36,988
>> Thank you. Are

339
00:26:36,990 --> 00:26:38,923
there any questions?

340
00:26:38,925 --> 00:26:39,958
All right. Any

341
00:26:39,960 --> 00:26:42,126
questions on. No. All

342
00:26:42,128 --> 00:26:43,127
right. Thank you so

343
00:26:43,129 --> 00:26:44,629
much, Kristen. And

344
00:26:49,669 --> 00:26:56,474
updates. Thank you.

345
00:26:56,476 --> 00:26:58,443
Christine, you have

346
00:26:58,445 --> 00:27:01,880
the floor.

347
00:27:01,882 --> 00:27:02,647
>> Good afternoon,

348
00:27:02,649 --> 00:27:03,348
Madam Chair, and

349
00:27:03,350 --> 00:27:04,482
members of the

350
00:27:14,494 --> 00:27:15,994
Burton was a forensic

351
00:27:15,996 --> 00:27:16,728
examiner at the

352
00:27:16,730 --> 00:27:17,395
Department of

353
00:27:17,397 --> 00:27:21,065
Forensic Science from

354
00:27:21,067 --> 00:27:22,066
1973 to 1988. While

355
00:27:22,068 --> 00:27:23,067
much of her work

356
00:27:23,069 --> 00:27:23,935
involves serological

357
00:27:23,937 --> 00:27:24,969
analysis of evidence

358
00:27:34,648 --> 00:27:37,649
deaths. Some of you

359
00:27:37,651 --> 00:27:39,017
may recall the Crime

360
00:27:39,019 --> 00:27:39,717
Commission's earlier

361
00:27:39,719 --> 00:27:40,818
work on the

362
00:27:40,820 --> 00:27:41,853
post-conviction DNA

363
00:27:41,855 --> 00:27:43,354
project relating to

364
00:27:43,356 --> 00:27:44,422
biological evidence

365
00:27:54,868 --> 00:27:56,334
podcast was released,

366
00:27:56,336 --> 00:27:57,735
alleging a number of

367
00:27:57,737 --> 00:27:58,436
concerns with Miss

368
00:27:58,438 --> 00:27:59,637
Burton's work, such

369
00:27:59,639 --> 00:28:00,939
as discrepancies on

370
00:28:00,941 --> 00:28:02,774
lab reports,

371
00:28:02,776 --> 00:28:03,841
alteration of test

372
00:28:03,843 --> 00:28:04,542
results and

373
00:28:14,254 --> 00:28:15,386
including a case file

374
00:28:15,388 --> 00:28:17,155
review based on 2024

375
00:28:17,157 --> 00:28:18,089
budget language,

376
00:28:18,091 --> 00:28:18,990
which will be the

377
00:28:18,992 --> 00:28:20,058
focus of my

378
00:28:20,060 --> 00:28:21,259
presentation, as well

379
00:28:21,261 --> 00:28:22,560
as a review panel

380
00:28:22,562 --> 00:28:23,628
relating to certain

381
00:28:23,630 --> 00:28:24,629
cases. Work by Miss

382
00:28:33,506 --> 00:28:35,173
in 2024, directing

383
00:28:35,175 --> 00:28:36,240
the Crime Commission

384
00:28:36,242 --> 00:28:37,342
to determine the

385
00:28:37,344 --> 00:28:38,042
scope of Miss

386
00:28:38,044 --> 00:28:38,910
Burton's work across

387
00:28:38,912 --> 00:28:40,578
the following three

388
00:28:40,580 --> 00:28:41,813
categories. First,

389
00:28:41,815 --> 00:28:42,747
the total number of

390
00:28:42,749 --> 00:28:44,182
cases that include at

391
00:28:54,227 --> 00:28:56,361
DOC supervision,

392
00:28:56,363 --> 00:28:57,862
deceased or were

393
00:28:57,864 --> 00:28:59,063
executed. And third,

394
00:28:59,065 --> 00:29:00,331
the total number of

395
00:29:00,333 --> 00:29:01,032
cases where Miss

396
00:29:01,034 --> 00:29:04,669
Burton testified. And

397
00:29:14,414 --> 00:29:15,480
DFS sorting through

398
00:29:15,482 --> 00:29:16,948
hundreds of boxes to

399
00:29:16,950 --> 00:29:19,417
review over 7500

400
00:29:33,867 --> 00:29:35,667
your materials. So

401
00:29:35,669 --> 00:29:36,401
taking a quick walk

402
00:29:36,403 --> 00:29:37,301
through this chart

403
00:29:37,303 --> 00:29:37,802
beginning with the

404
00:29:37,804 --> 00:29:39,303
red box, this

405
00:29:39,305 --> 00:29:40,638
includes the 7500

406
00:29:40,640 --> 00:29:41,739
unique cases where

407
00:29:41,741 --> 00:29:42,840
Miss Burton was the

408
00:29:54,721 --> 00:29:55,787
identified, while the

409
00:29:55,789 --> 00:29:57,288
box on the right

410
00:29:57,290 --> 00:29:58,089
represents the cases

411
00:29:58,091 --> 00:29:59,390
where at least one

412
00:29:59,392 --> 00:30:00,491
named suspect has

413
00:30:00,493 --> 00:30:03,027
been identified.

414
00:30:03,029 --> 00:30:04,095
Looking closer at the

415
00:30:13,773 --> 00:30:15,273
number of named

416
00:30:15,275 --> 00:30:16,007
suspects does not

417
00:30:16,009 --> 00:30:16,808
represent the number

418
00:30:16,810 --> 00:30:18,810
of unique individuals

419
00:30:18,812 --> 00:30:19,911
as an individual can

420
00:30:19,913 --> 00:30:21,379
be a named suspect in

421
00:30:21,381 --> 00:30:23,181
multiple cases. So

422
00:30:23,183 --> 00:30:24,248
John Smith might be a

423
00:30:34,360 --> 00:30:35,426
represent the

424
00:30:35,428 --> 00:30:36,194
conviction status of

425
00:30:36,196 --> 00:30:38,996
the 5120 named

426
00:30:38,998 --> 00:30:40,465
suspects, and thus

427
00:30:40,467 --> 00:30:41,566
far, staff has

428
00:30:41,568 --> 00:30:44,035
confirmed 1281

429
00:30:54,681 --> 00:30:55,646
the orange boxes on

430
00:30:55,648 --> 00:30:56,681
the bottom focus on

431
00:30:56,683 --> 00:30:59,517
the 1281 named

432
00:30:59,519 --> 00:31:00,518
suspects who we know

433
00:31:00,520 --> 00:31:02,019
were convicted. The

434
00:31:02,021 --> 00:31:03,855
top number in each

435
00:31:03,857 --> 00:31:04,922
box. In each orange

436
00:31:14,634 --> 00:31:16,067
within each category.

437
00:31:16,069 --> 00:31:17,235
So, for example, when

438
00:31:17,237 --> 00:31:18,236
we look at the first

439
00:31:18,238 --> 00:31:20,838
orange box, staff

440
00:31:20,840 --> 00:31:22,573
identified 121 named

441
00:31:22,575 --> 00:31:24,375
suspects representing

442
00:31:33,720 --> 00:31:35,186
eight unique

443
00:31:35,188 --> 00:31:36,254
individuals who were

444
00:31:36,256 --> 00:31:38,422
executed. So our next

445
00:31:38,424 --> 00:31:40,558
steps relate to those

446
00:31:40,560 --> 00:31:41,626
2800 named suspects

447
00:31:41,628 --> 00:31:42,727
in the far right

448
00:31:42,729 --> 00:31:44,195
green box, whose

449
00:31:44,197 --> 00:31:44,896
conviction status

450
00:31:54,207 --> 00:31:55,373
help research the

451
00:31:55,375 --> 00:31:56,073
conviction status of

452
00:31:56,075 --> 00:31:57,842
those 2800 named

453
00:31:57,844 --> 00:31:58,910
suspects. Staff will

454
00:31:58,912 --> 00:32:00,711
then classify any

455
00:32:00,713 --> 00:32:01,412
convicted named

456
00:32:01,414 --> 00:32:02,547
suspects accordingly

457
00:32:02,549 --> 00:32:03,781
across the categories

458
00:32:14,828 --> 00:32:15,793
finally, staff will

459
00:32:15,795 --> 00:32:16,594
provide its next

460
00:32:16,596 --> 00:32:17,995
status update in

461
00:32:17,997 --> 00:32:21,299
January of next year.

462
00:32:21,301 --> 00:32:21,966
Madam chair, this

463
00:32:21,968 --> 00:32:22,800
concludes the update

464
00:32:22,802 --> 00:32:24,468
on the 2024 budget

465
00:32:34,247 --> 00:32:35,413
None. All right. Well,

466
00:32:35,415 --> 00:32:36,380
I'll just comment. I

467
00:32:36,382 --> 00:32:37,415
just want to say

468
00:32:37,417 --> 00:32:38,482
thank you. I mean, a

469
00:32:38,484 --> 00:32:39,617
lot of work has gone

470
00:32:39,619 --> 00:32:41,452
gone into this and

471
00:32:41,454 --> 00:32:42,920
the update about the

472
00:32:42,922 --> 00:32:43,721
number of files that

473
00:32:43,723 --> 00:32:44,722
have gone that you

474
00:32:53,967 --> 00:32:58,336
And, and those who

475
00:32:58,338 --> 00:33:00,137
it's startling. And I

476
00:33:00,139 --> 00:33:00,938
just just keep up the

477
00:33:00,940 --> 00:33:01,939
good work and we

478
00:33:01,941 --> 00:33:02,740
appreciate you and

479
00:33:02,742 --> 00:33:03,741
the Department of

480
00:33:03,743 --> 00:33:04,842
Forensic Sciences for

481
00:33:14,487 --> 00:33:15,586
clerk's offices, to

482
00:33:15,588 --> 00:33:17,321
figure out a way to

483
00:33:17,323 --> 00:33:18,322
help us figure out

484
00:33:18,324 --> 00:33:19,257
what happened here.

485
00:33:19,259 --> 00:33:21,325
Are there are we

486
00:33:21,327 --> 00:33:23,194
going to express that

487
00:33:23,196 --> 00:33:24,228
this is very

488
00:33:34,807 --> 00:33:35,806
clerk's association.

489
00:33:35,808 --> 00:33:36,307
They've already given

490
00:33:36,309 --> 00:33:37,241
them the heads up

491
00:33:37,243 --> 00:33:38,342
about what's about to

492
00:33:38,344 --> 00:33:39,477
be sent out within

493
00:33:39,479 --> 00:33:40,511
the month. So and

494
00:33:40,513 --> 00:33:43,314
we've always received,

495
00:33:43,316 --> 00:33:44,415
you know, cooperation

496
00:33:54,027 --> 00:33:58,763
you so much. Then

497
00:33:58,765 --> 00:33:59,263
next.

498
00:33:59,265 --> 00:34:00,564
>> We'll have Amy

499
00:34:00,566 --> 00:34:02,767
Jenkins, our chief

500
00:34:02,769 --> 00:34:03,734
deputy director for

501
00:34:03,736 --> 00:34:04,936
the Department of

502
00:34:14,681 --> 00:34:15,046
Department of

503
00:34:15,048 --> 00:34:16,814
Forensic Science.

504
00:34:16,816 --> 00:34:17,548
Prior to my

505
00:34:17,550 --> 00:34:18,249
appointment to this

506
00:34:18,251 --> 00:34:19,350
position by Governor

507
00:34:19,352 --> 00:34:20,418
Spanberger in January,

508
00:34:20,420 --> 00:34:21,118
I served as

509
00:34:21,120 --> 00:34:21,986
department counsel

510
00:34:21,988 --> 00:34:22,954
for the Department of

511
00:34:22,956 --> 00:34:24,388
Forensic Science. So

512
00:34:34,901 --> 00:34:35,833
the Crime Commission

513
00:34:35,835 --> 00:34:36,968
staff to provide you

514
00:34:36,970 --> 00:34:38,169
an overview of what

515
00:34:38,171 --> 00:34:39,804
the Department has

516
00:34:39,806 --> 00:34:41,672
done since the

517
00:34:41,674 --> 00:34:42,106
identification of

518
00:34:42,108 --> 00:34:44,542
this issue and issues.

519
00:34:54,687 --> 00:34:56,020
well as the

520
00:34:56,022 --> 00:34:56,487
cooperation that we

521
00:34:56,489 --> 00:34:57,455
have provided, the

522
00:34:57,457 --> 00:34:58,589
Crime Commission and

523
00:34:58,591 --> 00:34:59,657
the notification

524
00:34:59,659 --> 00:35:01,058
process that we have

525
00:35:01,060 --> 00:35:02,860
undertaken with with

526
00:35:02,862 --> 00:35:04,328
the affected

527
00:35:14,807 --> 00:35:15,840
when we were

528
00:35:15,842 --> 00:35:17,675
initially notified

529
00:35:17,677 --> 00:35:18,743
that there might be

530
00:35:18,745 --> 00:35:20,177
some concerns with

531
00:35:20,179 --> 00:35:21,979
Miss Burton's work.

532
00:35:21,981 --> 00:35:23,214
The initial request

533
00:35:23,216 --> 00:35:24,315
from the podcasters

534
00:35:34,594 --> 00:35:35,826
was only in February

535
00:35:35,828 --> 00:35:37,828
of 2022 when the

536
00:35:37,830 --> 00:35:38,596
podcasters asked for

537
00:35:38,598 --> 00:35:39,964
an interview with

538
00:35:39,966 --> 00:35:41,766
then director Linda

539
00:35:41,768 --> 00:35:43,567
Jackson and our

540
00:35:43,569 --> 00:35:44,635
biology program

541
00:35:54,147 --> 00:35:55,079
Jane Burton had

542
00:35:55,081 --> 00:35:56,147
changed results in

543
00:35:56,149 --> 00:35:58,716
particular cases. We

544
00:35:58,718 --> 00:35:59,750
immediately asked for

545
00:35:59,752 --> 00:36:01,252
copies of that

546
00:36:01,254 --> 00:36:02,253
documentation, but we

547
00:36:02,255 --> 00:36:04,522
were told by Vpm at

548
00:36:14,534 --> 00:36:16,333
those documents with

549
00:36:16,335 --> 00:36:17,401
us. So we

550
00:36:17,403 --> 00:36:18,102
subsequently didn't

551
00:36:18,104 --> 00:36:19,236
receive any of the

552
00:36:19,238 --> 00:36:20,304
reference documents

553
00:36:20,306 --> 00:36:22,440
until July of 2023.

554
00:36:22,442 --> 00:36:23,507
After the podcast

555
00:36:23,509 --> 00:36:24,942
initial season had

556
00:36:34,754 --> 00:36:37,621
referral under

557
00:36:37,623 --> 00:36:39,023
9.11113 C to the

558
00:36:39,025 --> 00:36:40,458
Scientific Advisory

559
00:36:40,460 --> 00:36:41,525
Committee. Under that

560
00:36:41,527 --> 00:36:42,593
code provision, the

561
00:36:42,595 --> 00:36:43,661
Scientific Advisory

562
00:36:43,663 --> 00:36:44,795
Committee that is our

563
00:36:54,474 --> 00:36:56,240
asked to set up a

564
00:36:56,242 --> 00:36:57,007
subcommittee to

565
00:36:57,009 --> 00:36:58,075
review those

566
00:36:58,077 --> 00:36:58,542
documents that have

567
00:36:58,544 --> 00:37:00,244
been provided and to

568
00:37:00,246 --> 00:37:01,312
review the issues to

569
00:37:01,314 --> 00:37:01,812
determine if there

570
00:37:01,814 --> 00:37:03,481
was any sort of

571
00:37:03,483 --> 00:37:04,181
nonconforming work or

572
00:37:14,627 --> 00:37:15,092
Subsequent to that,

573
00:37:15,094 --> 00:37:16,427
we were provided with

574
00:37:16,429 --> 00:37:18,996
the entire set of

575
00:37:18,998 --> 00:37:19,663
documentation that

576
00:37:19,665 --> 00:37:21,098
Vpm had come into

577
00:37:21,100 --> 00:37:23,634
possession of as a

578
00:37:34,814 --> 00:37:35,513
indicated, there's a

579
00:37:35,515 --> 00:37:36,947
code provision that

580
00:37:36,949 --> 00:37:38,048
allows us to direct

581
00:37:38,050 --> 00:37:39,150
this to the

582
00:37:39,152 --> 00:37:39,817
Scientific Advisory

583
00:37:39,819 --> 00:37:40,718
Committee to review

584
00:37:40,720 --> 00:37:41,752
the analytical work

585
00:37:41,754 --> 00:37:43,087
of our scientists.

586
00:37:43,089 --> 00:37:44,155
And the director made

587
00:37:53,866 --> 00:37:55,466
three times during

588
00:37:55,468 --> 00:37:56,433
the course of the

589
00:37:56,435 --> 00:37:57,501
review of the

590
00:37:57,503 --> 00:37:59,603
documents provided by

591
00:37:59,605 --> 00:38:01,105
Vpm. The first

592
00:38:01,107 --> 00:38:02,173
meeting was general

593
00:38:02,175 --> 00:38:03,974
review of the podcast

594
00:38:03,976 --> 00:38:04,642
allegations, and also

595
00:38:14,387 --> 00:38:15,920
Forensic Science and

596
00:38:15,922 --> 00:38:17,688
also the historical

597
00:38:17,690 --> 00:38:18,189
procedures that were

598
00:38:18,191 --> 00:38:19,123
in effect at that

599
00:38:19,125 --> 00:38:21,258
point in time. In

600
00:38:21,260 --> 00:38:22,693
January of 2024,

601
00:38:22,695 --> 00:38:23,761
there was a deeper

602
00:38:34,907 --> 00:38:35,739
testing project that

603
00:38:35,741 --> 00:38:37,841
was referenced by

604
00:38:37,843 --> 00:38:38,676
Doctor Arrington

605
00:38:38,678 --> 00:38:39,510
prior to that. At

606
00:38:39,512 --> 00:38:40,578
that point in time,

607
00:38:40,580 --> 00:38:42,746
the Marvin Grimm case

608
00:38:42,748 --> 00:38:43,847
had come to the

609
00:38:54,994 --> 00:38:56,126
information, that

610
00:38:56,128 --> 00:38:56,727
information with the

611
00:38:56,729 --> 00:38:58,929
Scientific Review

612
00:38:58,931 --> 00:39:01,065
Subcommittee as well.

613
00:39:01,067 --> 00:39:01,832
They left that

614
00:39:01,834 --> 00:39:02,933
meeting with

615
00:39:02,935 --> 00:39:04,335
direction to staff to

616
00:39:13,679 --> 00:39:15,512
individuals and to

617
00:39:15,514 --> 00:39:16,614
parties involved in

618
00:39:16,616 --> 00:39:19,149
those cases. And then

619
00:39:19,151 --> 00:39:20,918
we got back together

620
00:39:20,920 --> 00:39:22,720
in April of 2024 to

621
00:39:22,722 --> 00:39:24,154
review those draft

622
00:39:24,156 --> 00:39:24,655
notifications and get

623
00:39:34,867 --> 00:39:36,734
the Scientific Review

624
00:39:36,736 --> 00:39:37,501
Committee

625
00:39:37,503 --> 00:39:38,202
subcommittee as well

626
00:39:38,204 --> 00:39:39,270
about the proposed

627
00:39:39,272 --> 00:39:40,371
budget language that

628
00:39:40,373 --> 00:39:42,506
was proceeding as far

629
00:39:42,508 --> 00:39:43,807
as their initiation

630
00:39:54,053 --> 00:39:55,119
with the Winston

631
00:39:55,121 --> 00:39:55,853
Scott case. The

632
00:39:55,855 --> 00:39:56,854
Winston Scott case

633
00:39:56,856 --> 00:39:58,722
was also referenced

634
00:39:58,724 --> 00:40:00,124
in the course of the

635
00:40:00,126 --> 00:40:01,292
podcast. It also was

636
00:40:01,294 --> 00:40:03,394
an exoneration that

637
00:40:14,540 --> 00:40:15,973
and and also the

638
00:40:15,975 --> 00:40:17,441
subject of her

639
00:40:17,443 --> 00:40:17,941
testimony, there were

640
00:40:17,943 --> 00:40:18,842
still some concerns

641
00:40:18,844 --> 00:40:19,943
about why the results

642
00:40:19,945 --> 00:40:21,045
had initially been

643
00:40:21,047 --> 00:40:22,513
changed. The Marvin

644
00:40:22,515 --> 00:40:24,281
Grimm exoneration

645
00:40:34,293 --> 00:40:35,392
comparison results in

646
00:40:35,394 --> 00:40:37,594
those cases. And we

647
00:40:37,596 --> 00:40:38,662
have become aware of

648
00:40:38,664 --> 00:40:40,431
those as a result of

649
00:40:40,433 --> 00:40:40,931
additional testing

650
00:40:40,933 --> 00:40:41,532
the department had

651
00:40:41,534 --> 00:40:44,401
done as part of court

652
00:40:54,613 --> 00:40:57,081
in that case, as well,

653
00:40:57,083 --> 00:40:58,816
as I indicated, the

654
00:40:58,818 --> 00:41:00,184
SAC said that they we

655
00:41:00,186 --> 00:41:02,019
we needed to do

656
00:41:02,021 --> 00:41:02,486
notifications to any

657
00:41:02,488 --> 00:41:04,321
of the parties, and

658
00:41:15,000 --> 00:41:15,666
indicated that the

659
00:41:15,668 --> 00:41:17,201
parties could request

660
00:41:17,203 --> 00:41:18,969
review of the cases

661
00:41:18,971 --> 00:41:21,171
by DFS, and that as

662
00:41:21,173 --> 00:41:22,306
part of our review,

663
00:41:22,308 --> 00:41:23,273
we would also be

664
00:41:23,275 --> 00:41:24,007
willing to conduct

665
00:41:34,453 --> 00:41:36,587
have a duty to notify

666
00:41:36,589 --> 00:41:37,654
customers and correct

667
00:41:37,656 --> 00:41:39,123
any nonconforming

668
00:41:39,125 --> 00:41:41,291
work, so we set up to

669
00:41:41,293 --> 00:41:42,726
conduct those

670
00:41:42,728 --> 00:41:43,794
notifications and and

671
00:41:53,873 --> 00:41:55,305
list of cases were

672
00:41:55,307 --> 00:41:56,740
sent out to both law

673
00:41:56,742 --> 00:41:58,208
enforcement and

674
00:41:58,210 --> 00:42:00,744
prosecutors. The law

675
00:42:00,746 --> 00:42:01,478
enforcement and

676
00:42:01,480 --> 00:42:01,912
prosecutors were

677
00:42:01,914 --> 00:42:03,280
asked to provide any

678
00:42:03,282 --> 00:42:03,947
conviction

679
00:42:03,949 --> 00:42:04,681
information that they

680
00:42:13,692 --> 00:42:15,859
provide additional

681
00:42:15,861 --> 00:42:16,994
knowledge. We also

682
00:42:16,996 --> 00:42:17,995
sent an inmate

683
00:42:17,997 --> 00:42:18,495
notification through

684
00:42:18,497 --> 00:42:19,763
the Department of

685
00:42:19,765 --> 00:42:20,497
Corrections, through

686
00:42:20,499 --> 00:42:21,598
their their tablets

687
00:42:21,600 --> 00:42:22,800
that they have so

688
00:42:22,802 --> 00:42:24,067
that those that were

689
00:42:24,069 --> 00:42:24,835
currently serving

690
00:42:34,680 --> 00:42:35,712
to 35 letters from

691
00:42:35,714 --> 00:42:36,547
affected individuals

692
00:42:36,549 --> 00:42:38,148
that wanted their

693
00:42:38,150 --> 00:42:39,950
cases considered and

694
00:42:39,952 --> 00:42:41,018
wanted to know if

695
00:42:41,020 --> 00:42:42,519
they they were

696
00:42:42,521 --> 00:42:43,153
involved in the

697
00:42:54,366 --> 00:42:55,466
with Miss Burton's

698
00:42:55,468 --> 00:42:56,900
work. Mr. Bell is

699
00:42:56,902 --> 00:42:58,135
aware that we talked

700
00:42:58,137 --> 00:42:59,069
to the Commonwealth's

701
00:42:59,071 --> 00:43:00,137
Attorney Services

702
00:43:00,139 --> 00:43:00,871
Council. We talked to

703
00:43:00,873 --> 00:43:02,606
the Chiefs of Police.

704
00:43:02,608 --> 00:43:03,607
We talked to the

705
00:43:03,609 --> 00:43:04,842
Virginia Sheriffs

706
00:43:14,887 --> 00:43:15,752
conduct a review of

707
00:43:15,754 --> 00:43:18,489
the execution cases.

708
00:43:18,491 --> 00:43:19,256
Obviously, we

709
00:43:19,258 --> 00:43:19,723
understood that the

710
00:43:19,725 --> 00:43:20,724
biggest concern would

711
00:43:20,726 --> 00:43:21,692
be the execution

712
00:43:21,694 --> 00:43:22,559
cases and whether

713
00:43:22,561 --> 00:43:23,527
Miss Burton's work

714
00:43:23,529 --> 00:43:24,995
was attributable to

715
00:43:34,773 --> 00:43:36,106
the commission and

716
00:43:36,108 --> 00:43:38,342
shared her viewpoint

717
00:43:38,344 --> 00:43:39,576
that Miss Burton's

718
00:43:39,578 --> 00:43:40,410
work did not

719
00:43:40,412 --> 00:43:41,879
contribute to any of

720
00:43:41,881 --> 00:43:43,347
the individuals that

721
00:43:43,349 --> 00:43:44,181
were convicted that

722
00:43:53,792 --> 00:43:55,926
Defense bar the Crime

723
00:43:55,928 --> 00:43:56,994
Commission staff had

724
00:43:56,996 --> 00:43:58,128
had worked with us to

725
00:43:58,130 --> 00:43:59,530
develop a working

726
00:43:59,532 --> 00:44:00,597
group of defense

727
00:44:00,599 --> 00:44:01,665
attorneys and

728
00:44:01,667 --> 00:44:02,065
prosecutors and

729
00:44:02,067 --> 00:44:03,834
various stakeholders,

730
00:44:12,811 --> 00:44:15,012
were appropriate. And

731
00:44:15,014 --> 00:44:15,913
one of the things

732
00:44:15,915 --> 00:44:16,880
that they suggested

733
00:44:16,882 --> 00:44:17,881
was that we send out

734
00:44:17,883 --> 00:44:18,715
a notification

735
00:44:18,717 --> 00:44:19,116
directly to the

736
00:44:19,118 --> 00:44:20,784
defense attorneys. So

737
00:44:20,786 --> 00:44:21,852
that was sent out to

738
00:44:21,854 --> 00:44:24,354
through a CDL,

739
00:44:34,500 --> 00:44:35,499
are currently being

740
00:44:35,501 --> 00:44:37,000
made to effective

741
00:44:37,002 --> 00:44:37,701
individuals. We have

742
00:44:37,703 --> 00:44:38,368
to have the

743
00:44:38,370 --> 00:44:39,469
conviction

744
00:44:39,471 --> 00:44:39,870
information. As

745
00:44:39,872 --> 00:44:41,271
Doctor Arrington

746
00:44:41,273 --> 00:44:42,139
indicated, we still

747
00:44:42,141 --> 00:44:43,774
need conviction

748
00:44:54,219 --> 00:44:56,753
department typically

749
00:44:56,755 --> 00:44:57,754
don't even have a

750
00:44:57,756 --> 00:44:59,256
date of birth. They

751
00:44:59,258 --> 00:45:00,457
usually have a name.

752
00:45:00,459 --> 00:45:01,525
It's the name known

753
00:45:01,527 --> 00:45:02,492
to law enforcement

754
00:45:02,494 --> 00:45:03,627
when they submit the

755
00:45:03,629 --> 00:45:04,328
evidence that may or

756
00:45:14,406 --> 00:45:15,105
examinations. So

757
00:45:15,107 --> 00:45:16,340
we've relied heavily

758
00:45:16,342 --> 00:45:17,441
on information coming

759
00:45:17,443 --> 00:45:19,076
in from the clerks

760
00:45:19,078 --> 00:45:20,510
offices. Back at that

761
00:45:20,512 --> 00:45:21,945
time, the clerks

762
00:45:21,947 --> 00:45:22,713
would put dates of

763
00:45:22,715 --> 00:45:24,481
birth in the

764
00:45:34,960 --> 00:45:36,360
to help us identify

765
00:45:36,362 --> 00:45:37,461
them, even with

766
00:45:37,463 --> 00:45:37,794
personally

767
00:45:37,796 --> 00:45:38,862
identifying

768
00:45:38,864 --> 00:45:40,330
information, you can

769
00:45:40,332 --> 00:45:41,398
still have

770
00:45:41,400 --> 00:45:42,232
difficulties in some

771
00:45:42,234 --> 00:45:43,700
of the databases that

772
00:45:43,702 --> 00:45:44,701
are available to us

773
00:45:53,979 --> 00:45:55,112
public records access.

774
00:45:55,114 --> 00:45:55,912
We don't have access

775
00:45:55,914 --> 00:45:57,247
to law enforcement

776
00:45:57,249 --> 00:45:59,950
agencies databases,

777
00:45:59,952 --> 00:46:00,884
so we're reliant on

778
00:46:00,886 --> 00:46:01,885
what might be

779
00:46:01,887 --> 00:46:03,687
available through

780
00:46:03,689 --> 00:46:04,454
LexisNexis in order

781
00:46:14,166 --> 00:46:15,265
notification to them,

782
00:46:15,267 --> 00:46:15,932
indicating that

783
00:46:15,934 --> 00:46:16,733
Burton worked on

784
00:46:16,735 --> 00:46:18,568
their case. And her

785
00:46:18,570 --> 00:46:19,936
work has been

786
00:46:19,938 --> 00:46:21,405
questioned,

787
00:46:21,407 --> 00:46:22,072
indicating that we

788
00:46:22,074 --> 00:46:23,106
couldn't provide any

789
00:46:23,108 --> 00:46:24,574
legal advice to those

790
00:46:34,687 --> 00:46:36,420
results that we had

791
00:46:36,422 --> 00:46:37,521
and that we would

792
00:46:37,523 --> 00:46:38,655
discuss testing

793
00:46:38,657 --> 00:46:40,457
options of any of any

794
00:46:40,459 --> 00:46:41,858
sort that's available

795
00:46:41,860 --> 00:46:43,293
on if evidence is

796
00:46:43,295 --> 00:46:44,861
located, and we would

797
00:46:54,473 --> 00:46:55,238
department does not

798
00:46:55,240 --> 00:46:56,606
have any authority to

799
00:46:56,608 --> 00:46:57,708
require parties to

800
00:46:57,710 --> 00:46:59,176
resubmit evidence.

801
00:46:59,178 --> 00:47:00,577
And obviously, if the

802
00:47:00,579 --> 00:47:01,678
evidence is within

803
00:47:01,680 --> 00:47:02,479
the court and being

804
00:47:02,481 --> 00:47:03,880
held by the clerk's

805
00:47:03,882 --> 00:47:04,681
office, it would take

806
00:47:14,359 --> 00:47:15,358
done, or the court

807
00:47:15,360 --> 00:47:18,428
ordered it. I wanted

808
00:47:18,430 --> 00:47:19,296
to address a little

809
00:47:19,298 --> 00:47:21,098
bit of the overlap

810
00:47:21,100 --> 00:47:22,232
between this and the

811
00:47:22,234 --> 00:47:22,999
post-conviction

812
00:47:23,001 --> 00:47:24,000
testing project that

813
00:47:33,812 --> 00:47:35,912
were some examiners

814
00:47:35,914 --> 00:47:37,447
during the early part

815
00:47:37,449 --> 00:47:38,415
of the department,

816
00:47:38,417 --> 00:47:40,517
starting in 1973,

817
00:47:40,519 --> 00:47:41,651
where they would

818
00:47:41,653 --> 00:47:42,686
retain cuttings and

819
00:47:42,688 --> 00:47:44,154
swabs that were

820
00:47:54,600 --> 00:47:56,032
their results on that

821
00:47:56,034 --> 00:47:58,168
worksheet. And those

822
00:47:58,170 --> 00:47:59,302
were retained in the

823
00:47:59,304 --> 00:48:00,837
case file. This came

824
00:48:00,839 --> 00:48:02,105
to light as a result

825
00:48:02,107 --> 00:48:03,573
of one exoneration

826
00:48:03,575 --> 00:48:04,407
from the testing of

827
00:48:13,685 --> 00:48:15,452
we could and test

828
00:48:15,454 --> 00:48:16,953
where we were able to

829
00:48:16,955 --> 00:48:18,755
establish convictions.

830
00:48:18,757 --> 00:48:19,790
The PC project

831
00:48:19,792 --> 00:48:21,224
occurred before I got

832
00:48:21,226 --> 00:48:22,692
to DFS, the testing

833
00:48:22,694 --> 00:48:23,727
side of it. The

834
00:48:23,729 --> 00:48:24,127
notification was

835
00:48:34,339 --> 00:48:35,605
where a tape down

836
00:48:35,607 --> 00:48:37,407
swabs were identified

837
00:48:37,409 --> 00:48:39,609
in the case file.

838
00:48:39,611 --> 00:48:40,677
Burton was the one

839
00:48:40,679 --> 00:48:42,479
that did the most

840
00:48:42,481 --> 00:48:43,146
consistently taping

841
00:48:43,148 --> 00:48:44,414
down of items into

842
00:48:53,826 --> 00:48:56,159
the department. The

843
00:48:56,161 --> 00:48:57,394
2008 budget language

844
00:48:57,396 --> 00:48:58,028
that was passed by

845
00:48:58,030 --> 00:48:59,062
the General Assembly

846
00:48:59,064 --> 00:48:59,796
required the board,

847
00:48:59,798 --> 00:49:00,864
the Forensic Science

848
00:49:00,866 --> 00:49:01,565
Board or other

849
00:49:01,567 --> 00:49:02,666
oversight body to

850
00:49:02,668 --> 00:49:04,100
notify all convicted

851
00:49:14,513 --> 00:49:15,579
Board was established

852
00:49:15,581 --> 00:49:17,781
to conduct that

853
00:49:17,783 --> 00:49:18,815
notification

854
00:49:18,817 --> 00:49:19,916
requirement going

855
00:49:19,918 --> 00:49:21,084
forward. And that was

856
00:49:21,086 --> 00:49:22,085
completed. As I said

857
00:49:22,087 --> 00:49:23,887
shortly before the

858
00:49:23,889 --> 00:49:24,788
podcast allegations

859
00:49:34,333 --> 00:49:35,765
cases if spermatozoa

860
00:49:35,767 --> 00:49:37,567
or seminal fluid was

861
00:49:37,569 --> 00:49:38,335
indicated and the

862
00:49:38,337 --> 00:49:39,703
defendant was

863
00:49:39,705 --> 00:49:41,137
incarcerated and the

864
00:49:41,139 --> 00:49:42,272
evidence was

865
00:49:42,274 --> 00:49:43,673
probative after those

866
00:49:43,675 --> 00:49:44,774
criteria were met, we

867
00:49:54,152 --> 00:49:55,552
Crime Commission also

868
00:49:55,554 --> 00:49:56,653
directed its staff to

869
00:49:56,655 --> 00:49:58,455
notify next of kin

870
00:49:58,457 --> 00:50:00,257
for any deceased

871
00:50:00,259 --> 00:50:00,690
eliminated. There

872
00:50:00,692 --> 00:50:02,025
were 19 deceased

873
00:50:02,027 --> 00:50:02,726
eliminated

874
00:50:02,728 --> 00:50:03,460
individuals

875
00:50:13,939 --> 00:50:15,338
eight of the 11

876
00:50:15,340 --> 00:50:16,806
defendants next of

877
00:50:16,808 --> 00:50:19,276
kin. Probative value.

878
00:50:19,278 --> 00:50:20,410
Oftentimes, the

879
00:50:20,412 --> 00:50:21,111
serology that was

880
00:50:21,113 --> 00:50:22,345
done, it was testing

881
00:50:22,347 --> 00:50:24,381
a swab of blood that

882
00:50:34,826 --> 00:50:36,059
in sexual assaults,

883
00:50:36,061 --> 00:50:36,927
where you might

884
00:50:36,929 --> 00:50:38,395
obtain serological

885
00:50:38,397 --> 00:50:39,095
evidence that might

886
00:50:39,097 --> 00:50:40,163
implicate the

887
00:50:40,165 --> 00:50:41,298
defendant versus a

888
00:50:41,300 --> 00:50:42,098
crime scene where

889
00:50:42,100 --> 00:50:43,066
there is a large

890
00:50:43,068 --> 00:50:43,900
amount of blood left

891
00:50:54,746 --> 00:50:55,478
with the completion

892
00:50:55,480 --> 00:50:57,147
of the notification

893
00:50:57,149 --> 00:50:58,214
project. That's how I

894
00:50:58,216 --> 00:50:59,115
met Doctor Arrington

895
00:50:59,117 --> 00:51:01,451
and we got so close.

896
00:51:01,453 --> 00:51:03,219
And in 2016, the

897
00:51:03,221 --> 00:51:03,920
Crime Commission

898
00:51:14,299 --> 00:51:15,532
able to obtain one or

899
00:51:15,534 --> 00:51:16,933
where we also may

900
00:51:16,935 --> 00:51:18,335
need a known from the

901
00:51:18,337 --> 00:51:19,035
defendant. We may not

902
00:51:19,037 --> 00:51:21,571
have a a viable

903
00:51:21,573 --> 00:51:22,672
defendant's reference

904
00:51:22,674 --> 00:51:24,107
sample. So at least

905
00:51:24,109 --> 00:51:24,841
three separate

906
00:51:34,586 --> 00:51:35,618
those will be

907
00:51:35,620 --> 00:51:36,386
reviewed by the

908
00:51:36,388 --> 00:51:38,188
independent panel.

909
00:51:38,190 --> 00:51:39,956
They were not. We

910
00:51:39,958 --> 00:51:41,024
have not really

911
00:51:41,026 --> 00:51:41,391
conducted an

912
00:51:41,393 --> 00:51:42,292
independent review of

913
00:51:42,294 --> 00:51:43,560
the exonerations,

914
00:51:43,562 --> 00:51:44,260
leaving it to the

915
00:51:54,373 --> 00:51:56,139
as well as all of the

916
00:51:56,141 --> 00:51:57,007
incarcerated files,

917
00:51:57,009 --> 00:51:58,274
so that those can be

918
00:51:58,276 --> 00:51:59,409
turned over to the

919
00:51:59,411 --> 00:52:00,844
independent panel for

920
00:52:00,846 --> 00:52:03,046
their review, as well

921
00:52:03,048 --> 00:52:04,814
as making this 7500

922
00:52:14,860 --> 00:52:16,659
nine of these cases.

923
00:52:16,661 --> 00:52:17,794
She may have

924
00:52:17,796 --> 00:52:18,862
performed serology in

925
00:52:18,864 --> 00:52:19,896
the 10th case, but

926
00:52:19,898 --> 00:52:21,364
the exoneration. When

927
00:52:21,366 --> 00:52:22,098
the exoneration

928
00:52:22,100 --> 00:52:23,199
occurred, DFS

929
00:52:23,201 --> 00:52:23,867
expunged the entirety

930
00:52:23,869 --> 00:52:24,934
of the original

931
00:52:34,146 --> 00:52:35,045
the National Registry

932
00:52:35,047 --> 00:52:37,180
of Exonerations will

933
00:52:37,182 --> 00:52:38,248
indicate what they

934
00:52:38,250 --> 00:52:40,050
believe those

935
00:52:40,052 --> 00:52:40,850
exonerations, the

936
00:52:40,852 --> 00:52:41,751
wrongful conviction,

937
00:52:41,753 --> 00:52:42,619
what it was

938
00:52:42,621 --> 00:52:44,054
attributable to. And

939
00:52:54,900 --> 00:52:55,965
that we have

940
00:52:55,967 --> 00:52:56,633
indicated was a

941
00:52:56,635 --> 00:52:57,734
concern. And and the

942
00:52:57,736 --> 00:52:58,835
Scientific Advisory

943
00:52:58,837 --> 00:53:00,236
Committee review

944
00:53:00,238 --> 00:53:00,937
subcommittee

945
00:53:00,939 --> 00:53:02,372
indicated was a

946
00:53:02,374 --> 00:53:04,941
concern for them as

947
00:53:13,852 --> 00:53:15,585
And the individual

948
00:53:15,587 --> 00:53:17,487
who was convicted and

949
00:53:17,489 --> 00:53:18,655
subsequently executed

950
00:53:18,657 --> 00:53:20,056
was indicated in that

951
00:53:20,058 --> 00:53:22,192
that DNA testing the

952
00:53:22,194 --> 00:53:23,993
fourth individual.

953
00:53:34,806 --> 00:53:35,872
suspect in the case.

954
00:53:35,874 --> 00:53:37,674
So that supports Mr.

955
00:53:37,676 --> 00:53:39,843
Way's inclusion in in

956
00:53:39,845 --> 00:53:42,011
that crime. He also

957
00:53:42,013 --> 00:53:42,712
confessed and took

958
00:53:42,714 --> 00:53:43,780
the officers to the

959
00:53:43,782 --> 00:53:44,881
scene of the crime

960
00:53:54,426 --> 00:53:55,291
There was not any

961
00:53:55,293 --> 00:53:57,460
tape down swabs that

962
00:53:57,462 --> 00:53:58,761
were kept or cuttings

963
00:53:58,763 --> 00:53:59,729
that were kept in the

964
00:53:59,731 --> 00:54:00,830
file with corral.

965
00:54:00,832 --> 00:54:02,499
There was no serology

966
00:54:02,501 --> 00:54:03,233
results that were

967
00:54:03,235 --> 00:54:03,967
informative in the

968
00:54:13,745 --> 00:54:15,478
that matter at all.

969
00:54:15,480 --> 00:54:16,312
Having been called,

970
00:54:16,314 --> 00:54:17,247
the police were

971
00:54:17,249 --> 00:54:19,082
called to the scene

972
00:54:19,084 --> 00:54:20,083
with the screams of

973
00:54:20,085 --> 00:54:21,584
the victim and found

974
00:54:21,586 --> 00:54:22,318
him underneath the

975
00:54:22,320 --> 00:54:24,521
bed of the victim.

976
00:54:34,232 --> 00:54:35,331
full confession in

977
00:54:35,333 --> 00:54:37,800
that case, and in

978
00:54:37,802 --> 00:54:38,635
Fitzgerald, there

979
00:54:38,637 --> 00:54:40,303
were no foreign DNA

980
00:54:40,305 --> 00:54:41,738
profiles from the PC

981
00:54:41,740 --> 00:54:42,505
testing. The

982
00:54:42,507 --> 00:54:43,540
codefendant testified

983
00:54:54,352 --> 00:54:56,219
the files. And she

984
00:54:56,221 --> 00:54:57,620
agreed with our

985
00:54:57,622 --> 00:54:58,321
conclusion that there

986
00:54:58,323 --> 00:54:59,956
were no individuals

987
00:54:59,958 --> 00:55:01,524
who were wrongfully

988
00:55:01,526 --> 00:55:03,126
convicted as a result

989
00:55:03,128 --> 00:55:04,427
of Miss Burton's work,

990
00:55:14,472 --> 00:55:15,605
PC testing status,

991
00:55:15,607 --> 00:55:17,073
looking at the next

992
00:55:17,075 --> 00:55:17,874
group of concern

993
00:55:17,876 --> 00:55:19,242
which are the

994
00:55:19,244 --> 00:55:19,943
incarcerated

995
00:55:19,945 --> 00:55:20,643
individuals. And as

996
00:55:20,645 --> 00:55:21,711
Doctor Arrington

997
00:55:21,713 --> 00:55:23,179
indicated, we have

998
00:55:34,659 --> 00:55:36,526
included in the DNA

999
00:55:36,528 --> 00:55:37,894
results that were

1000
00:55:37,896 --> 00:55:40,797
that were resulted

1001
00:55:40,799 --> 00:55:41,631
from the testing of

1002
00:55:41,633 --> 00:55:43,666
the tape down. Swabs

1003
00:55:52,277 --> 00:55:55,578
testing. And

1004
00:55:55,580 --> 00:55:56,246
inconclusive may or

1005
00:55:56,248 --> 00:55:58,081
may not typically

1006
00:55:58,083 --> 00:55:59,115
means that there's

1007
00:55:59,117 --> 00:56:00,116
just not enough there

1008
00:56:00,118 --> 00:56:01,684
for us to get DNA

1009
00:56:01,686 --> 00:56:04,254
results from. If you

1010
00:56:15,000 --> 00:56:15,999
able, with that type

1011
00:56:16,001 --> 00:56:17,834
of degradation to be

1012
00:56:17,836 --> 00:56:20,003
able to get testing

1013
00:56:20,005 --> 00:56:21,804
results from those

1014
00:56:21,806 --> 00:56:22,939
that were able to

1015
00:56:34,319 --> 00:56:35,151
It depends on the

1016
00:56:35,153 --> 00:56:36,286
nature of the

1017
00:56:36,288 --> 00:56:37,720
evidence. We take an

1018
00:56:37,722 --> 00:56:38,788
extra care to make

1019
00:56:38,790 --> 00:56:39,622
sure that the parties

1020
00:56:39,624 --> 00:56:40,957
are aware, but

1021
00:56:40,959 --> 00:56:42,025
there's obviously

1022
00:56:42,027 --> 00:56:43,126
more evidence to be

1023
00:56:43,128 --> 00:56:43,926
considered than just

1024
00:56:54,639 --> 00:56:56,806
testing. We need a

1025
00:56:56,808 --> 00:56:58,641
result or a sample

1026
00:56:58,643 --> 00:57:00,009
from the victim or a

1027
00:57:00,011 --> 00:57:01,844
sample from the

1028
00:57:01,846 --> 00:57:02,845
defendant in order to

1029
00:57:02,847 --> 00:57:03,680
draw any conclusions

1030
00:57:14,893 --> 00:57:15,658
whether or not we had

1031
00:57:15,660 --> 00:57:16,793
a conviction for that

1032
00:57:16,795 --> 00:57:17,727
or not. The Crime

1033
00:57:17,729 --> 00:57:18,828
Commission has been

1034
00:57:18,830 --> 00:57:19,829
diligent in notifying

1035
00:57:19,831 --> 00:57:21,264
us when we have that

1036
00:57:21,266 --> 00:57:22,365
situation, where we

1037
00:57:22,367 --> 00:57:23,433
are now being

1038
00:57:23,435 --> 00:57:24,100
notified that an

1039
00:57:24,102 --> 00:57:24,834
individual was

1040
00:57:34,979 --> 00:57:36,846
parties, and we have

1041
00:57:36,848 --> 00:57:38,581
a handful. It has

1042
00:57:38,583 --> 00:57:39,415
been delayed a little

1043
00:57:39,417 --> 00:57:40,183
bit more than we

1044
00:57:40,185 --> 00:57:41,150
would like, as we

1045
00:57:41,152 --> 00:57:42,118
have moved the

1046
00:57:42,120 --> 00:57:42,952
central laboratory

1047
00:57:42,954 --> 00:57:43,353
from Richmond to

1048
00:57:43,355 --> 00:57:44,687
Hanover, there were a

1049
00:57:52,597 --> 00:57:55,865
facility in Hanover.

1050
00:57:55,867 --> 00:57:57,633
Term of incarceration

1051
00:57:57,635 --> 00:57:59,402
status for the 121

1052
00:57:59,404 --> 00:58:00,536
individuals who are

1053
00:58:00,538 --> 00:58:01,604
incarcerated there.

1054
00:58:01,606 --> 00:58:02,672
You can see the

1055
00:58:02,674 --> 00:58:03,406
numbers or

1056
00:58:03,408 --> 00:58:04,507
percentages that are

1057
00:58:14,152 --> 00:58:16,018
committed, and the

1058
00:58:16,020 --> 00:58:17,086
center for

1059
00:58:17,088 --> 00:58:19,956
rehabilitation out in.

1060
00:58:19,958 --> 00:58:21,023
I'm not going to be

1061
00:58:21,025 --> 00:58:21,958
able to remember

1062
00:58:21,960 --> 00:58:23,025
where it is, but you

1063
00:58:23,027 --> 00:58:24,026
all know what I'm

1064
00:58:24,028 --> 00:58:24,961
talking about. And

1065
00:58:34,439 --> 00:58:36,973
you can see, you know,

1066
00:58:36,975 --> 00:58:38,708
the majority of the

1067
00:58:38,710 --> 00:58:40,476
vast majority are sex

1068
00:58:40,478 --> 00:58:42,645
offenses or homicide

1069
00:58:42,647 --> 00:58:44,781
offenses with some

1070
00:58:54,492 --> 00:58:56,292
that. If we get

1071
00:58:56,294 --> 00:58:57,093
additional cases

1072
00:58:57,095 --> 00:58:58,461
where the convictions

1073
00:58:58,463 --> 00:58:59,896
are identified as we

1074
00:58:59,898 --> 00:59:02,532
review the 2800 with

1075
00:59:02,534 --> 00:59:03,433
the clerks where

1076
00:59:03,435 --> 00:59:04,200
we're receiving that

1077
00:59:04,202 --> 00:59:04,934
information, we will

1078
00:59:13,578 --> 00:59:15,344
testing within DFS

1079
00:59:15,346 --> 00:59:18,281
resources. We

1080
00:59:18,283 --> 00:59:18,981
continue to utilize

1081
00:59:18,983 --> 00:59:20,082
Lexis public records.

1082
00:59:20,084 --> 00:59:21,184
We have gotten

1083
00:59:21,186 --> 00:59:23,686
through all the 1281

1084
00:59:34,566 --> 00:59:36,632
have enough PII to be

1085
00:59:36,634 --> 00:59:38,401
able to locate a

1086
00:59:38,403 --> 00:59:39,502
valid address for

1087
00:59:39,504 --> 00:59:41,671
them. If we get a

1088
00:59:41,673 --> 00:59:42,805
letter returned, we

1089
00:59:42,807 --> 00:59:44,173
will send to another

1090
00:59:53,218 --> 00:59:55,685
calls from affected

1091
00:59:55,687 --> 00:59:56,752
individuals. I'm also

1092
00:59:56,754 --> 00:59:57,520
having attorneys

1093
00:59:57,522 --> 00:59:58,321
reach out to me from

1094
00:59:58,323 --> 00:59:59,655
those affected

1095
00:59:59,657 --> 01:00:00,523
individuals wanting

1096
01:00:00,525 --> 01:00:01,491
to know what their

1097
01:00:01,493 --> 01:00:02,892
options are, and we

1098
01:00:02,894 --> 01:00:04,360
are fully cooperative

1099
01:00:14,439 --> 01:00:15,538
continue to take that

1100
01:00:15,540 --> 01:00:16,939
tact in trying to

1101
01:00:16,941 --> 01:00:19,442
rectify the situation.

1102
01:00:19,444 --> 01:00:20,543
And as we get those

1103
01:00:20,545 --> 01:00:21,410
additional updates

1104
01:00:21,412 --> 01:00:23,412
for the 2844, we'll

1105
01:00:23,414 --> 01:00:24,480
continue with this

1106
01:00:34,859 --> 01:00:35,925
independent panel's

1107
01:00:35,927 --> 01:00:37,360
conclusions are, and

1108
01:00:37,362 --> 01:00:38,828
to continue with the

1109
01:00:38,830 --> 01:00:42,031
process. Those are

1110
01:00:42,033 --> 01:00:43,399
all of that's all the

1111
01:00:43,401 --> 01:00:43,866
information I have.

1112
01:00:43,868 --> 01:00:44,700
I'm happy to answer

1113
01:00:54,345 --> 01:00:55,044
changed over the

1114
01:00:55,046 --> 01:00:56,445
years in terms of

1115
01:00:56,447 --> 01:00:56,879
protocol. And now

1116
01:00:56,881 --> 01:00:58,214
with DNA, it's much

1117
01:00:58,216 --> 01:01:00,750
more exact. What what

1118
01:01:00,752 --> 01:01:03,653
changes have you made

1119
01:01:12,997 --> 01:01:15,164
like using a pencil,

1120
01:01:15,166 --> 01:01:16,599
which was alleged

1121
01:01:16,601 --> 01:01:17,700
that whether that's

1122
01:01:17,702 --> 01:01:19,835
permitted or any type

1123
01:01:19,837 --> 01:01:21,304
of other oversight,

1124
01:01:21,306 --> 01:01:22,104
things that may be

1125
01:01:22,106 --> 01:01:24,140
part of the

1126
01:01:24,142 --> 01:01:24,907
accreditation process

1127
01:01:34,252 --> 01:01:35,284
to speak to. That

1128
01:01:35,286 --> 01:01:36,452
would probably be our

1129
01:01:36,454 --> 01:01:37,887
quality manager to be

1130
01:01:37,889 --> 01:01:39,488
able to talk to that.

1131
01:01:39,490 --> 01:01:40,356
But the accreditation

1132
01:01:40,358 --> 01:01:41,424
process, which which

1133
01:01:41,426 --> 01:01:42,525
wasn't in effect when

1134
01:01:42,527 --> 01:01:43,593
these these cases

1135
01:01:54,172 --> 01:01:55,471
that are conducted by

1136
01:01:55,473 --> 01:01:56,906
another examiner of

1137
01:01:56,908 --> 01:01:58,708
files. There are

1138
01:01:58,710 --> 01:02:00,142
additional checks and

1139
01:02:00,144 --> 01:02:01,911
balances that occur,

1140
01:02:01,913 --> 01:02:03,079
as well as this

1141
01:02:03,081 --> 01:02:04,113
reporting of

1142
01:02:14,959 --> 01:02:15,958
going to be in

1143
01:02:15,960 --> 01:02:17,059
anything that can be

1144
01:02:17,061 --> 01:02:18,260
erased. They're going

1145
01:02:18,262 --> 01:02:20,296
to be reviewed. And,

1146
01:02:20,298 --> 01:02:21,397
and so you're not

1147
01:02:21,399 --> 01:02:22,398
going to have the

1148
01:02:22,400 --> 01:02:23,399
kind of situation. It

1149
01:02:23,401 --> 01:02:24,400
was just a different

1150
01:02:34,712 --> 01:02:35,911
review that

1151
01:02:35,913 --> 01:02:36,912
>> Occurs on every

1152
01:02:36,914 --> 01:02:41,350
case that goes out.

1153
01:02:54,132 --> 01:02:55,364
one of our meetings.

1154
01:02:55,366 --> 01:02:56,165
And my thought was,

1155
01:02:56,167 --> 01:02:57,566
why not just ban

1156
01:02:57,568 --> 01:02:58,234
pencils from the

1157
01:02:58,236 --> 01:03:00,436
building? And I

1158
01:03:00,438 --> 01:03:01,137
appreciate the fact

1159
01:03:01,139 --> 01:03:01,971
that a lot of this

1160
01:03:01,973 --> 01:03:02,938
equipment is, or a

1161
01:03:02,940 --> 01:03:04,774
lot of the things are

1162
01:03:13,751 --> 01:03:15,151
off still have to use

1163
01:03:15,153 --> 01:03:16,252
pen and ink

1164
01:03:16,254 --> 01:03:16,952
signatures on the

1165
01:03:16,954 --> 01:03:18,821
documents they sign.

1166
01:03:18,823 --> 01:03:19,655
They initialed

1167
01:03:19,657 --> 01:03:20,256
different parts of

1168
01:03:20,258 --> 01:03:21,290
things. The initial

1169
01:03:21,292 --> 01:03:22,058
changes to show and

1170
01:03:22,060 --> 01:03:23,459
changes are made.

1171
01:03:23,461 --> 01:03:24,493
There still is a

1172
01:03:33,604 --> 01:03:35,204
pen. I never get an

1173
01:03:35,206 --> 01:03:35,671
original copy. I'll

1174
01:03:35,673 --> 01:03:36,439
ever, I'll ever get

1175
01:03:36,441 --> 01:03:37,506
is copies, you know,

1176
01:03:37,508 --> 01:03:38,541
when I send subpoenas

1177
01:03:38,543 --> 01:03:39,475
out. But it's still

1178
01:03:39,477 --> 01:03:41,210
not clear to me why

1179
01:03:41,212 --> 01:03:42,211
DFS would even allow

1180
01:03:42,213 --> 01:03:43,212
anybody to have a

1181
01:03:43,214 --> 01:03:43,579
pencil in the

1182
01:03:43,581 --> 01:03:44,613
building, what the

1183
01:03:54,792 --> 01:03:55,257
documents. And that

1184
01:03:55,259 --> 01:03:55,958
to me, just seemed

1185
01:03:55,960 --> 01:03:57,293
like a really simple

1186
01:03:57,295 --> 01:03:58,461
thing to do. And I'm

1187
01:03:58,463 --> 01:03:59,462
I understand that's

1188
01:03:59,464 --> 01:04:00,162
not your area of

1189
01:04:00,164 --> 01:04:01,964
expertise, but this

1190
01:04:01,966 --> 01:04:02,665
prohibiting pencils,

1191
01:04:02,667 --> 01:04:03,766
many DFS lab to me

1192
01:04:14,512 --> 01:04:15,311
am not certain. Sorry,

1193
01:04:15,313 --> 01:04:17,546
Madam Chair. Yes. Go

1194
01:04:17,548 --> 01:04:21,417
ahead. Senator, I'm

1195
01:04:21,419 --> 01:04:22,118
probably not the best

1196
01:04:22,120 --> 01:04:23,552
to explain the levels

1197
01:04:34,031 --> 01:04:35,097
You know, you you do

1198
01:04:35,099 --> 01:04:36,899
have the ability to

1199
01:04:36,901 --> 01:04:37,900
subpoena our file and

1200
01:04:37,902 --> 01:04:38,901
to review our file

1201
01:04:38,903 --> 01:04:39,902
and have an expert

1202
01:04:39,904 --> 01:04:40,903
review the file. You

1203
01:04:40,905 --> 01:04:41,904
also have the ability

1204
01:04:41,906 --> 01:04:43,038
to sit down with the

1205
01:04:43,040 --> 01:04:44,140
examiner and review

1206
01:04:54,519 --> 01:04:55,384
which, you know, even

1207
01:04:55,386 --> 01:04:56,152
when you're writing

1208
01:04:56,154 --> 01:04:57,153
in pen, you're going

1209
01:04:57,155 --> 01:04:58,187
to have an error

1210
01:04:58,189 --> 01:04:59,121
where you might need

1211
01:04:59,123 --> 01:05:00,656
to scratch through it.

1212
01:05:00,658 --> 01:05:01,690
You're required to

1213
01:05:01,692 --> 01:05:02,892
initial that you have

1214
01:05:02,894 --> 01:05:04,994
made that change and

1215
01:05:14,338 --> 01:05:15,204
initially reported

1216
01:05:15,206 --> 01:05:16,172
and why the change

1217
01:05:16,174 --> 01:05:18,274
was made. You know,

1218
01:05:18,276 --> 01:05:19,341
there is a very

1219
01:05:19,343 --> 01:05:20,075
robust quality

1220
01:05:20,077 --> 01:05:21,143
assurance process. I

1221
01:05:21,145 --> 01:05:22,278
think Director

1222
01:05:22,280 --> 01:05:22,978
Jackson, at that

1223
01:05:22,980 --> 01:05:23,712
meeting where it was

1224
01:05:34,492 --> 01:05:35,925
happy to come and

1225
01:05:35,927 --> 01:05:36,625
talk about the

1226
01:05:36,627 --> 01:05:37,726
quality assurance

1227
01:05:37,728 --> 01:05:38,794
policies, policies

1228
01:05:38,796 --> 01:05:39,495
and the quality

1229
01:05:39,497 --> 01:05:40,629
assurance

1230
01:05:40,631 --> 01:05:42,431
requirements for our

1231
01:05:42,433 --> 01:05:44,567
staff. If it

1232
01:05:54,278 --> 01:05:55,377
>> Madam Chair.

1233
01:05:55,379 --> 01:05:58,280
>> Yes, Senator.

1234
01:05:58,282 --> 01:05:59,281
>> Yeah. I understand

1235
01:05:59,283 --> 01:06:00,316
what the process is.

1236
01:06:00,318 --> 01:06:01,283
We're trying to deal

1237
01:06:01,285 --> 01:06:02,284
with people who don't

1238
01:06:02,286 --> 01:06:03,252
follow the process.

1239
01:06:14,665 --> 01:06:15,664
follow the rules, and

1240
01:06:15,666 --> 01:06:16,065
I think banning

1241
01:06:16,067 --> 01:06:16,799
pencils in the

1242
01:06:16,801 --> 01:06:17,766
building would solve

1243
01:06:17,768 --> 01:06:18,667
the problem, where

1244
01:06:18,669 --> 01:06:19,068
people can erase

1245
01:06:19,070 --> 01:06:19,869
things instead of

1246
01:06:19,871 --> 01:06:20,803
striking and making

1247
01:06:20,805 --> 01:06:21,704
initials and getting

1248
01:06:21,706 --> 01:06:22,171
quality assurance to

1249
01:06:22,173 --> 01:06:22,938
review it or whatever.

1250
01:06:22,940 --> 01:06:24,673
I think it's a very

1251
01:06:34,886 --> 01:06:35,885
is going away. I just

1252
01:06:35,887 --> 01:06:37,853
saw a lab, a

1253
01:06:37,855 --> 01:06:39,288
forensics lab

1254
01:06:39,290 --> 01:06:40,389
technician convicted

1255
01:06:40,391 --> 01:06:41,457
another state last

1256
01:06:41,459 --> 01:06:43,259
week for falsifying

1257
01:06:43,261 --> 01:06:43,959
records because she

1258
01:06:43,961 --> 01:06:44,827
wanted to cut corners

1259
01:06:54,772 --> 01:06:55,638
and banning pencils

1260
01:06:55,640 --> 01:06:56,605
from the building, I

1261
01:06:56,607 --> 01:06:57,740
think would go a long

1262
01:06:57,742 --> 01:06:59,174
way towards, you know,

1263
01:06:59,176 --> 01:06:59,942
it's at least one

1264
01:06:59,944 --> 01:07:00,843
simple solution to

1265
01:07:00,845 --> 01:07:01,777
solving this problem.

1266
01:07:01,779 --> 01:07:02,845
I think a lot of

1267
01:07:02,847 --> 01:07:03,178
people would

1268
01:07:03,180 --> 01:07:03,946
understand. So thank

1269
01:07:14,225 --> 01:07:15,758
maybe we we have a

1270
01:07:15,760 --> 01:07:17,126
sit down conversation

1271
01:07:17,128 --> 01:07:18,127
with the agency. But

1272
01:07:18,129 --> 01:07:18,928
and I really

1273
01:07:18,930 --> 01:07:19,428
appreciate your work.

1274
01:07:19,430 --> 01:07:20,296
The Department of

1275
01:07:20,298 --> 01:07:21,430
Forensic Services.

1276
01:07:21,432 --> 01:07:22,865
Are there any

1277
01:07:34,779 --> 01:07:35,811
available on our

1278
01:07:35,813 --> 01:07:36,512
website. It's a

1279
01:07:36,514 --> 01:07:38,013
review of the DFS

1280
01:07:38,015 --> 01:07:38,647
Quality System and

1281
01:07:38,649 --> 01:07:39,848
Duty to correct. And

1282
01:07:39,850 --> 01:07:40,883
that presentation you

1283
01:07:40,885 --> 01:07:41,951
can find on our

1284
01:07:41,953 --> 01:07:44,820
meetings website page.

1285
01:07:52,697 --> 01:07:55,097
our senior research

1286
01:07:55,099 --> 01:07:59,201
analyst. Are welcome.

1287
01:07:59,203 --> 01:07:59,935
>> Hello. Good

1288
01:07:59,937 --> 01:08:00,669
afternoon, Madam

1289
01:08:00,671 --> 01:08:01,670
Chair, and members of

1290
01:08:01,672 --> 01:08:02,838
the Crime Commission.

1291
01:08:02,840 --> 01:08:03,906
Today, I will be

1292
01:08:03,908 --> 01:08:04,373
providing an update

1293
01:08:13,985 --> 01:08:15,050
designate a panel to

1294
01:08:15,052 --> 01:08:16,518
review cases where

1295
01:08:16,520 --> 01:08:17,219
Miss Burton was the

1296
01:08:17,221 --> 01:08:18,620
forensic examiner,

1297
01:08:18,622 --> 01:08:20,089
and the individual is

1298
01:08:20,091 --> 01:08:21,156
currently

1299
01:08:21,158 --> 01:08:22,257
incarcerated, or was

1300
01:08:22,259 --> 01:08:23,325
executed or

1301
01:08:23,327 --> 01:08:24,393
exonerated, as well

1302
01:08:34,105 --> 01:08:37,706
panel expenses. The

1303
01:08:37,708 --> 01:08:38,841
review panel must

1304
01:08:38,843 --> 01:08:39,908
determine, if

1305
01:08:39,910 --> 01:08:40,976
possible, whether

1306
01:08:40,978 --> 01:08:41,777
Miss Burton engaged

1307
01:08:41,779 --> 01:08:43,479
in a pattern of

1308
01:08:43,481 --> 01:08:44,213
misconduct and

1309
01:08:54,692 --> 01:08:55,724
as actual innocence

1310
01:08:55,726 --> 01:08:57,826
is a separate court

1311
01:08:57,828 --> 01:09:01,530
proceeding. The

1312
01:09:01,532 --> 01:09:02,231
review panel will

1313
01:09:02,233 --> 01:09:03,298
consist of seven

1314
01:09:03,300 --> 01:09:04,400
members, which

1315
01:09:04,402 --> 01:09:04,733
include

1316
01:09:14,211 --> 01:09:15,177
the office of the

1317
01:09:15,179 --> 01:09:16,311
Attorney General and

1318
01:09:16,313 --> 01:09:17,346
the Executive

1319
01:09:17,348 --> 01:09:18,414
Director of the

1320
01:09:18,416 --> 01:09:19,481
Mid-Atlantic

1321
01:09:19,483 --> 01:09:23,052
Innocence Project. To

1322
01:09:23,054 --> 01:09:24,153
date, staff has

1323
01:09:33,531 --> 01:09:35,364
execution cases, 11

1324
01:09:35,366 --> 01:09:36,832
exoneration cases and

1325
01:09:36,834 --> 01:09:38,967
at least 199 cases

1326
01:09:38,969 --> 01:09:40,035
where Miss Burton

1327
01:09:40,037 --> 01:09:42,504
testified. The 2025

1328
01:09:42,506 --> 01:09:43,372
legislation directs

1329
01:09:43,374 --> 01:09:44,740
the review panel to

1330
01:09:54,452 --> 01:09:55,818
and are currently

1331
01:09:55,820 --> 01:09:56,919
incarcerated on an

1332
01:09:56,921 --> 01:10:01,590
unrelated case. In

1333
01:10:01,592 --> 01:10:02,057
preparation for the

1334
01:10:02,059 --> 01:10:03,025
work of the review

1335
01:10:03,027 --> 01:10:04,126
panel, staff is

1336
01:10:04,128 --> 01:10:04,893
collecting and

1337
01:10:14,905 --> 01:10:15,971
also inquiring

1338
01:10:15,973 --> 01:10:17,106
whether any physical

1339
01:10:17,108 --> 01:10:18,173
evidence remains

1340
01:10:18,175 --> 01:10:20,375
available for testing.

1341
01:10:20,377 --> 01:10:21,110
These records are

1342
01:10:21,112 --> 01:10:22,177
being shared with the

1343
01:10:22,179 --> 01:10:22,711
Innocence Project of

1344
01:10:22,713 --> 01:10:23,579
the University of

1345
01:10:23,581 --> 01:10:24,513
Virginia School of

1346
01:10:34,325 --> 01:10:36,158
panel has been

1347
01:10:36,160 --> 01:10:36,925
challenging, as these

1348
01:10:36,927 --> 01:10:38,360
cases are 40 to 50

1349
01:10:38,362 --> 01:10:39,761
years old. Many

1350
01:10:39,763 --> 01:10:40,896
records have been

1351
01:10:40,898 --> 01:10:42,264
destroyed pursuant to

1352
01:10:42,266 --> 01:10:43,499
retention policies or

1353
01:10:43,501 --> 01:10:44,800
are unable to be

1354
01:10:54,178 --> 01:10:55,377
case may be minimal

1355
01:10:55,379 --> 01:10:57,779
or nonexistent.

1356
01:10:57,781 --> 01:10:58,847
Finally, gathering

1357
01:10:58,849 --> 01:10:59,715
transcripts has also

1358
01:10:59,717 --> 01:11:01,016
been difficult as

1359
01:11:01,018 --> 01:11:02,050
court transcripts are

1360
01:11:02,052 --> 01:11:04,253
not generated in all

1361
01:11:14,298 --> 01:11:16,465
legislation. First,

1362
01:11:16,467 --> 01:11:17,166
guidance could be

1363
01:11:17,168 --> 01:11:18,300
provided on how

1364
01:11:18,302 --> 01:11:19,368
attorneys share

1365
01:11:19,370 --> 01:11:21,570
unredacted court, law

1366
01:11:21,572 --> 01:11:22,271
enforcement and

1367
01:11:22,273 --> 01:11:22,638
Commonwealth's

1368
01:11:22,640 --> 01:11:23,338
attorney's records

1369
01:11:33,784 --> 01:11:36,285
defendants. Second, a

1370
01:11:36,287 --> 01:11:37,019
process could be

1371
01:11:37,021 --> 01:11:37,719
developed for the

1372
01:11:37,721 --> 01:11:38,654
review panel to

1373
01:11:38,656 --> 01:11:39,888
request additional

1374
01:11:39,890 --> 01:11:41,056
scientific testing if

1375
01:11:41,058 --> 01:11:42,391
such testing would be

1376
01:11:42,393 --> 01:11:43,158
beneficial to the

1377
01:11:51,435 --> 01:11:56,104
matter experts. In

1378
01:11:56,106 --> 01:11:56,838
conclusion, after the

1379
01:11:56,840 --> 01:11:57,906
Crime Commission

1380
01:11:57,908 --> 01:11:58,440
designates members of

1381
01:11:58,442 --> 01:11:59,708
the review panel,

1382
01:11:59,710 --> 01:12:00,442
staff will continue

1383
01:12:00,444 --> 01:12:01,376
to provide support to

1384
01:12:01,378 --> 01:12:02,978
the panel, including

1385
01:12:02,980 --> 01:12:04,012
record collection and

1386
01:12:13,157 --> 01:12:15,324
2027. Madam chair,

1387
01:12:15,326 --> 01:12:16,291
that concludes this

1388
01:12:16,293 --> 01:12:16,992
presentation. I am

1389
01:12:16,994 --> 01:12:18,026
happy to answer any

1390
01:12:18,028 --> 01:12:18,427
questions.

1391
01:12:18,429 --> 01:12:19,261
>> Thank you so much.

1392
01:12:19,263 --> 01:12:20,562
Are there any

1393
01:12:20,564 --> 01:12:23,932
questions? Seeing

1394
01:12:34,311 --> 01:12:35,344
through the process

1395
01:12:35,346 --> 01:12:37,846
of interviewing and

1396
01:12:37,848 --> 01:12:39,314
designating or have

1397
01:12:39,316 --> 01:12:40,048
recommendations to

1398
01:12:40,050 --> 01:12:40,749
designate the review

1399
01:12:40,751 --> 01:12:41,516
panel members. And so

1400
01:12:41,518 --> 01:12:42,618
I just want to thank

1401
01:12:42,620 --> 01:12:43,619
them for all their

1402
01:12:43,621 --> 01:12:44,586
work, because I know

1403
01:12:54,765 --> 01:12:55,497
on the Crime

1404
01:12:55,499 --> 01:12:56,231
Commission who

1405
01:12:56,233 --> 01:12:56,898
participated in that.

1406
01:12:56,900 --> 01:12:57,899
And so now I'm going

1407
01:12:57,901 --> 01:12:59,668
to turn it over to

1408
01:12:59,670 --> 01:13:00,535
delegate hope.

1409
01:13:00,537 --> 01:13:02,104
>> Thank you, Madam

1410
01:13:02,106 --> 01:13:03,138
Chair. As you said,

1411
01:13:03,140 --> 01:13:04,473
you we created this

1412
01:13:13,917 --> 01:13:15,651
your direction, the

1413
01:13:15,653 --> 01:13:16,151
subcommittee

1414
01:13:16,153 --> 01:13:17,419
developed an online

1415
01:13:17,421 --> 01:13:18,520
application process

1416
01:13:18,522 --> 01:13:19,988
for interested

1417
01:13:19,990 --> 01:13:21,056
individuals to apply.

1418
01:13:21,058 --> 01:13:22,124
Earlier this year, we

1419
01:13:22,126 --> 01:13:23,592
received multiple

1420
01:13:34,772 --> 01:13:36,204
Crime Commission the

1421
01:13:36,206 --> 01:13:37,105
following individuals

1422
01:13:37,107 --> 01:13:39,041
to serve on the panel.

1423
01:13:39,043 --> 01:13:39,841
Members were

1424
01:13:39,843 --> 01:13:40,876
previously provided

1425
01:13:40,878 --> 01:13:42,344
copies of the

1426
01:13:42,346 --> 01:13:42,744
applications and

1427
01:13:42,746 --> 01:13:43,412
their resumes and

1428
01:13:43,414 --> 01:13:44,813
bios and backgrounds,

1429
01:13:54,858 --> 01:13:56,325
Attorney Megan Clark

1430
01:13:56,327 --> 01:13:57,793
from Prince Edward

1431
01:13:57,795 --> 01:13:58,860
County Public

1432
01:13:58,862 --> 01:14:00,095
Defender Althea Myers

1433
01:14:00,097 --> 01:14:01,396
from the City of

1434
01:14:01,398 --> 01:14:02,864
Portsmouth. Felony

1435
01:14:02,866 --> 01:14:03,932
certified county

1436
01:14:14,978 --> 01:14:16,545
Independent Sarah

1437
01:14:16,547 --> 01:14:17,946
Enologist Keith

1438
01:14:17,948 --> 01:14:19,014
Peterson from

1439
01:14:19,016 --> 01:14:20,148
California.

1440
01:14:20,150 --> 01:14:21,183
Additionally, the

1441
01:14:21,185 --> 01:14:21,917
legislation requires

1442
01:14:21,919 --> 01:14:22,884
that a representative

1443
01:14:22,886 --> 01:14:23,618
from the Attorney

1444
01:14:23,620 --> 01:14:24,786
General's office also

1445
01:14:32,730 --> 01:14:35,230
serve in that role.

1446
01:14:35,232 --> 01:14:35,964
Lastly, Madam Chair,

1447
01:14:35,966 --> 01:14:36,998
the legislation

1448
01:14:37,000 --> 01:14:37,733
requires the

1449
01:14:37,735 --> 01:14:38,567
Executive director of

1450
01:14:38,569 --> 01:14:39,901
the Mid-Atlantic

1451
01:14:39,903 --> 01:14:40,635
Innocence Project to

1452
01:14:40,637 --> 01:14:42,070
serve on the panel,

1453
01:14:42,072 --> 01:14:43,138
and that individual

1454
01:14:43,140 --> 01:14:44,539
will be Shawn

1455
01:14:53,584 --> 01:14:56,118
the review panel.

1456
01:14:56,120 --> 01:14:57,119
>> Thank you. All

1457
01:14:57,121 --> 01:14:57,352
right.

1458
01:14:57,354 --> 01:14:58,253
>> It's been motion

1459
01:14:58,255 --> 01:14:59,454
and proper motion,

1460
01:14:59,456 --> 01:15:00,455
and properly. Second,

1461
01:15:00,457 --> 01:15:03,625
that we appoint the

1462
01:15:14,104 --> 01:15:15,570
members are appointed.

1463
01:15:15,572 --> 01:15:16,037
Congratulations to

1464
01:15:16,039 --> 01:15:17,005
those individuals.

1465
01:15:17,007 --> 01:15:17,739
And thank you for

1466
01:15:17,741 --> 01:15:19,107
putting yourself

1467
01:15:19,109 --> 01:15:20,175
forward, chair.

1468
01:15:20,177 --> 01:15:21,309
>> Thank you, Madam

1469
01:15:21,311 --> 01:15:22,010
Chair. Additionally,

1470
01:15:22,012 --> 01:15:22,978
because we anticipate

1471
01:15:22,980 --> 01:15:23,845
that the work will

1472
01:15:23,847 --> 01:15:24,746
workload will be

1473
01:15:33,924 --> 01:15:35,023
following individuals

1474
01:15:35,025 --> 01:15:36,391
for appointment as

1475
01:15:36,393 --> 01:15:37,659
alternate designees.

1476
01:15:37,661 --> 01:15:39,027
And again, you do

1477
01:15:39,029 --> 01:15:40,395
have their bios and

1478
01:15:40,397 --> 01:15:41,463
resumes in your

1479
01:15:41,465 --> 01:15:43,231
meeting materials. So

1480
01:15:43,233 --> 01:15:44,332
serving as alternate

1481
01:15:54,044 --> 01:15:55,510
Chesterfield County

1482
01:15:55,512 --> 01:15:56,611
felony certified

1483
01:15:56,613 --> 01:15:58,046
County appointed

1484
01:15:58,048 --> 01:15:58,713
attorney. Michelle

1485
01:15:58,715 --> 01:16:00,582
Burton from Ashburn,

1486
01:16:00,584 --> 01:16:02,284
Virginia. Retired

1487
01:16:02,286 --> 01:16:04,119
Circuit Court Judge

1488
01:16:14,631 --> 01:16:16,031
serve as as their

1489
01:16:16,033 --> 01:16:17,132
alternate. And so

1490
01:16:17,134 --> 01:16:18,166
with that, Madam

1491
01:16:18,168 --> 01:16:19,201
Chair, I would ask

1492
01:16:19,203 --> 01:16:20,702
for a motion to

1493
01:16:20,704 --> 01:16:21,436
appoint those

1494
01:16:21,438 --> 01:16:22,537
individuals as

1495
01:16:22,539 --> 01:16:23,205
alternates to the

1496
01:16:34,384 --> 01:16:36,184
related to Mary Jane

1497
01:16:36,186 --> 01:16:37,652
Burton. So all those

1498
01:16:37,654 --> 01:16:39,821
in favor say aye.

1499
01:16:39,823 --> 01:16:40,856
Those opposed? All

1500
01:16:40,858 --> 01:16:43,024
right. Those are our

1501
01:16:43,026 --> 01:16:43,525
alternates. Thank you,

1502
01:16:43,527 --> 01:16:44,459
chair Hope and Chair

1503
01:16:53,937 --> 01:16:55,937
our last meeting in

1504
01:16:55,939 --> 01:16:57,772
December 2nd. That

1505
01:16:57,774 --> 01:16:59,207
was that's in our

1506
01:16:59,209 --> 01:17:00,675
packet. Is there a

1507
01:17:00,677 --> 01:17:01,743
motion to approve the

1508
01:17:01,745 --> 01:17:02,511
minutes.

1509
01:17:02,513 --> 01:17:04,279
>> So moved. Second.

1510
01:17:04,281 --> 01:17:04,980
>> Okay. It's been

1511
01:17:14,758 --> 01:17:16,091
there anyone who has

1512
01:17:16,093 --> 01:17:17,058
any public comments.

1513
01:17:17,060 --> 01:17:19,327
You have two minutes.

1514
01:17:19,329 --> 01:17:20,228
All right. Seeing

1515
01:17:20,230 --> 01:17:21,196
none. And there's no

1516
01:17:21,198 --> 01:17:23,665
one online. Correct.

1517
01:17:34,244 --> 01:17:36,077
adjourned. Thank you