The Virginian-Pilot is reporting, "With charges dropped, Norfolk Four member free man." It's by Louis Hansen. Here's an extended excerpt:
In the same courthouse where he lost his freedom for raping and murdering a Navy wife in 1997, Derek Tice today was declared a free man.
Norfolk Circuit Court Judge Charles E. Poston accepted a special prosecutor’s request this morning to drop two felony charges against Tice. After years of legal appeals, political lobbying and widespread media attention, the former sailor has been cleared of the crime.
Special Prosecutor D.J. Hansen asked the judge to drop the charges due to insufficient evidence.
"It is over," Poston said.
At the end of the hearing, Tice smiled and hugged his family members. "It's a victory for me, but there's still three other guys," he said.
Tice is one of the former sailors known as the Norfolk Four, convicted in the rape and murder of Michelle Bosko in her Ocean View apartment. The men confessed to the crimes, were convicted and sent to prison. Tice, Danial Williams and Joseph Dick were convicted of murder and rape; Eric C. Wilson was convicted of rape. The men have appeals active in federal and state courts.
A fifth man, Omar Ballard, later confessed to committing the crime alone. Ballard’s DNA was the only match to the crime scene. He is serving a life prison sentence.
Shortly after the convictions, the Norfolk Four began a series of appeals claiming their innocent. Their lawyers argued that former Norfolk police detective Robert Glenn Ford forced false confessions from the men. Ford was later convicted of federal corruption charges not related to the case.
The initial AP post is, "Prosecutor dismisses charges against 'Norfolk 4' member Derek Tice," by Larry O'Dell. It's via the Republic.
Prosecutors will not retry a former sailor whose conviction in the rape and murder of a Norfolk woman was overturned on appeal.
At a hearing Thursday in Norfolk Circuit Court, special prosecutor D.J. Hansen of Chesapeake dismissed charges against Derek Tice in the 1997 slaying of 18-year-old Michelle Moore-Bosko. Tice and three co-defendants, who became known as the "Norfolk Four," claimed they falsely confessed to the crime under pressure from police.
In 2009, then-Gov. Tim Kaine granted conditional pardons for the three sailors who were still in prison, but he left the convictions intact. Tice continued to fight his conviction and won, but prosecutors still had the option of retrying him.
Attorneys for Derek Tice have issued a news release,"Prosecutor Drops Charges Against Derek Tice, One of the Norfolk Four. Attorneys Call on VA Officials to Vacate Convictions of All Four Innocent Navy Men." The full release is below:
At a hearing in Norfolk Circuit Court today, D.J. Hansen, Deputy Commonwealth's Attorney, City of Chesapeake, dismissed the charges against Derek Tice, one of three innocent Navy men who served 11 years in prison for a rape-murder they did not commit. (The fourth innocent sailor, Eric Wilson, served 8½ years after being convicted of the rape.)
Prosecutors rarely dismiss a criminal case, but the evidence is overwhelming that Mr. Tice and the three other men, Danial Williams, Joseph Dick, and Eric Wilson, were innocent of the crime for which they were wrongfully convicted.
“The dismissal of charges against Mr. Tice underscores his innocence and the grave injustice that was done to the Norfolk Four. If there is no case against Mr. Tice, then there can be no case against Mr. Dick, Mr. Williams or Mr. Wilson,” said George Kendall, attorney at Squire, Sanders & Dempsey who provides pro bono representation to Mr. Dick.
In 2009, then-Governor Tim Kaine granted conditional pardons for three of the Navy veterans but left their wrongful convictions intact. In 2010, Robert Glenn Ford, the lead detective in the Norfolk Four case whose coercive, unconstitutional interrogation tactics led to the conviction of the innocent men, was convicted of corruption, taking bribes, and lying to the FBI.
“The Norfolk Four, their families, and the citizens of the Commonwealth have waited far too long for justice to be served. Virginia authorities should concede that their convictions are invalid, dismiss the charges against each of them, and allow these innocent men to rebuild their lives,” said Don Salzman, attorney at Skadden, Arps, Slate, Meagher & Flom who provides pro bono representation to Mr. Williams.
The Norfolk Four are out of prison, but they are not free. The former sailors have trouble securing good jobs, live under harsh parole conditions, and must register as sex offenders, even though they received conditional pardons and are completely innocent.
Some of the harsh conditions include wearing an ankle bracelet and being subject to GPS monitoring 24 hours a day, not being able to visit family and friends who live near schools, and living under strict curfews.
Only one man, Omar Ballard, committed this crime. He confessed and stated he acted alone. He is serving a life sentence in prison. Only his DNA and confession matched the crime scene. DNA and other forensic evidence at the crime scene excluded Mr. Tice, Mr. Dick, Mr. Williams, and Mr. Wilson.
“We believe the Commonwealth has a duty to vacate the convictions of the Norfolk Four and finally correct this unimaginable injustice,” said Stephen Northup of Troutman Sanders who provides pro bono representation to Mr. Wilson.
Earlier coverage of the Norfolk Four case begins at the link. Related posts are in the false confessions index
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