New DNA tests ordered by the governor cast serious doubt on Washington's guilt. The news shocked many lawmakers, because Washington came within days of being executed in 1985. He had no legal right under Virginia's current laws to demand the DNA tests. Gilmore has said the pardon showed that the system functions well. He used the power of his office to order the DNA tests and then based his pardon on those results.
Some prosecutors agree.
The system does work. The governor, given the power he has to pardon, did exactly that. But legislators are nearly unanimous in agreeing that DNA testing should be a right for felons. Death penalty opponents have long contended that Virginia's 21-day rule speeds convicts to their deaths, even when evidence is discovered that suggests they are innocent. Defense lawyers argued tonight that the Crime Commission's bill doesn't go far enough to correct that problem.