Defense lawyers support appeal of man sentenced to life for murder charge he was acquitted of

RICHMOND, Va. (WRIC) — Two major groups of criminal defense lawyers filed an amicus curiae Wednesday in support of Terence Richardson, a man who has filed an appeal to his life sentence for a murder of which he was acquitted in the Virginia Supreme Court.

The Virginia Association of Criminal Defense Lawyers (VACDL) and the National Association of Criminal Defense Lawyers (NACDL) have both filed in support of reversing the Court of Appeals’ decision in Richardson’s case. The filing was also backed by nonprofit organization The Innocence Project.

“The decision from the Court of Appeals puts all future innocence cases in jeopardy. The Court of Appeals erroneously concluded that the defense could have found the hidden evidence, that defense counsel was not diligent, that an evidentiary hearing was unnecessary, and that a rational trier of fact would have convicted Mr. Richardson,” the filing read. “Also, the Commonwealth should be bound by its initial, detailed response that Mr. Richardson was entitled to the writ or, if necessary, an evidentiary hearing.”

Richardson was imprisoned more than 20 years ago after he was convicted of intent to distribute crack cocaine in 1998. Normally, that charge wouldn’t carry a life sentence, but in an unusual procedural move, federal prosecutors referenced the murder of a police officer that he and another man, Ferrone Claiborne, had been charged with in state court. Both men were eventually acquitted of those murder charges after a jury trial in which little direct evidence tied them to the killing.

Richardson’s appeal of his sentence gained the support of former Attorney General Mark Herring — but he lost the state’s support when Attorney General Jason Miyares took office.

In February 2023, the Virginia Supreme Court agreed to hear Richardson’s appeal against the decision of a lower court and present his arguments in full to the justices.

Richardson’s attorney, Jarrett Adams, said the support shown by the criminal defense associations is significant.

“The issue before the Supreme Court is so important to not just Virginians, it’s important to all,” Adams said. “The support of these organizations in this brief means so much because it goes a long way in terms of credibility.”

Virginia Attorney General Jason Miyares requested a 30-day extension to respond, which was granted by the Virginia Supreme Court.