RICHMOND, Va. (WRIC) — Terrance Richardson has been serving a life sentence for the 1998 murder of a Sussex County Police officer — despite his being acquitted.
After nearly three decades of legal struggles since his incarceration, the Virginia Supreme Court has ordered an evidentiary hearing to allow Richardson to prove his innocence.
“Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is reversible error in the judgment of the Court of Appeals,” the Virginia Supreme Court order reads.
Richardson has attempted to appeal his conviction several times over the past three years. His most recent attempt to have the Court of Appeals hear his case was rejected in 2022.
Following this, he submitted an appeal to the Virginia Supreme Court, asking for an evidentiary hearing so he could attempt to prove his innocence — a move supported by many, including two criminal defense lawyer associations.
On Thursday, Feb. 1, the Virginia Supreme Court ordered the Court of Appeals to grant Richardson this hearing.
“The [Virginia Supreme] Court is of the opinion that the Court of Appeals abused its discretion when it refused to grant [Richardson’s] request for an evidentiary hearing,” the order reads. “Accordingly, the decision of the Court of Appeals dismissing Richardson’s petition is reversed and the case is remanded to the Court of Appeals for the purposes of ordering an evidentiary hearing to permit Richardson the opportunity to demonstrate whether reasonable diligence was exercised as well as whether the purported newly discovered evidence is material.”
Richardson has already served over twenty years of his life sentence after he was convicted of intent to distribute crack cocaine — a charge which does not normally carry a life sentence.
In a move questioned by many, federal prosecutors handed down the life sentence after tacking on charges related to the murder of Sussex County Police officer Allen Gibson — which Richardson and another man, Ferrone Claiborne, had already been acquitted of in a state court due to a lack of evidence. Richardson and Claiborne were dubbed the “Waverly Two” after the case.
Richardson’s case has garnered support from many organizations advocating for the wrongfully incarcerated, such as The Innocence Project. He had the support of Virginia’s former Attorney General Mark Herring, but Attorney General Jason Miyares revoked the state’s support after taking office.
The Virginia Supreme Court’s order explained its decision by saying “justice favors providing a full opportunity for factual development.”
“The Court has cautioned the Court of Appeals that it should ‘err on the side of ordering a circuit court evidentiary hearing’ because ‘[t]rial courts, not appellate courts, are equipped to perform the credibility assessments essential to finding the truth,’” the order reads.
The daughter of the police officer whose murder Richardson and Claiborne were once accused of, is one of the people who believe Richardson should have a chance to prove his innocence.
8News has been following this case since 2017. You can read more about it here.
