Individuals who believe they have been wrongfully convicted in Fairfax County now have a new way forward.
The county’s Commonwealth Attorney’s Office, in partnership with the Mid-Atlantic Innocence Project (MAIP), announced today (Monday) the creation of a Conviction Integrity Unit that will review challenged cases, establishing a process to potentially “secure more just outcomes.”
“Wrongful convictions undermine public trust in the justice system and have devastating impacts on defendants, their families, and our community,” Commonwealth’s Attorney Steve Descano said in a statement. “Establishing a Conviction Integrity Unit is a crucial part of making Fairfax County’s criminal legal system both fairer and more just.”
Eligible individuals must have a felony conviction on their record and be willing to sign an affidavit that they are factually innocent, triggering a potential review by MAIP.
Then, MAIP will determine whether or not to accept the case for a deeper investigation. If the organization does so, it will work with the Commonwealth Attorney’s Office to secure documents, testimony and other necessary materials for the case.
“When people see that elected officials are willing to identify and learn from past acts of injustice, it enhances the public’s trust in our system and ultimately improves public safety,” MAIP Executive Director Shawn Ambrust said.
The Virginia General Assembly passed, and then-governor Ralph Northam signed, a bill in 2020 expanding the ability of defendants to petition their convictions.
Arlington County’s Commonwealth’s Attorney’s Office subsequently launched a Conviction Review Unit that looks at cases in that county and Falls Church City. At the state level, then-Attorney General Mark Herring created a Conviction Integrity Unit in 2021 to identify and review possible wrongful convictions, though his successor, Jason Miyares, fired the entire staff after taking office in 2022.
Fairfax County is the first locality in Virginia to partner with MAIP, which had focused on people convicted of state or federal crimes in D.C., Virginia and Maryland. The organization also has a partnership with Baltimore City and a slightly different kind of agreement with Norfolk, according to a spokesperson for the Fairfax County Commonwealth’s Attorney’s Office.
Founded in 2000, MAIP has helped secure the release or exoneration of more than 40 men in the D.C. area who had collectively spent 889 years in prison, according to the nonprofit’s website.
Due to limited resources, MAIP says it focuses on cases where “substantial new evidence,” such as DNA testing or evidence pointing to another culprit, has a good chance of proving the convicted person’s innocence.
More information, and the application for MAIP review, is available via Fairfax County’s website.
The full press release from Descano’s office on Fairfax County’s new unit is below:
FAIRFAX COMMONWEALTH’S ATTORNEY STEVE DESCANO ANNOUNCES CONVICTION INTEGRITY UNIT WITH MID-ATLANTIC INNOCENCE PROJECT
Fairfax, VA – Fairfax Commonwealth’s Attorney Steve Descano announced today the creation of Fairfax County’s first-ever Conviction Integrity Unit (CIU) in partnership with the Mid-Atlantic Innocence Project (MAIP). Under this partnership, individuals who believe they have been wrongfully convicted of a felony in Fairfax County can submit their case for a review by MAIP.
“Wrongful convictions undermine public trust in the justice system and have devastating impacts on defendants, their families, and our community,” CA Descano said. “Establishing a Conviction Integrity Unit is a crucial part of making Fairfax County’s criminal legal system both fairer and more just. We’re extremely proud to have found a partner in the Mid-Atlantic Innocence Project, an organization dedicated to supporting this mission.”
“We’re thrilled that Fairfax County has taken this step,” said MAIP’s Executive Director, Shawn Ambrust. “When people see that elected officials are willing to identify and learn from past acts of injustice, it enhances the public’s trust in our system and ultimately improves public safety.”
For cases to be eligible for review, individuals must have a felony conviction in Fairfax County and be willing to sign an affidavit that they are factually innocent. Priority will be given to individuals who are presently incarcerated. The initial screening process will be handled by MAIP, who will coordinate with the CIU to litigate cases that have substantial innocence claims.
Since its founding in 2000, MAIP has helped correct the convictions of more than 40 innocent men in D.C., Maryland, and Virginia who had served a combined total of nearly 900 years in prison. MAIP has also helped pass 20 laws in the DMV region to prevent wrongful convictions from occurring, make them easier to correct, or help exonerees rebuild their lives upon release.
Prior to this partnership, CA Descano’s office has successfully worked to overturn the conviction of an individual whose conviction resulted from exculpatory evidence being hidden by authorities and free from prison a DC firefighter whose case stemmed from an illegal traffic stop, among other issues with the case. Sadly, these cases are likely not the only ones where justice has been denied by our legal system, and this partnership will be instrumental in ensuring that others who have been wrongfully convicted can finally receive justice.
