Major Props for Virginia AG Ken Cuccinelli: Let’s Hope He’s the Next Jim Petro

Ken Cuccinelli

I wrote in this article about how Jim Petro, when he was the AG of Ohio, used his position not only to keep Ohio’s streets safe, but to fight for justice and the wrongfully convicted.  Since Petro left office in 2007, we have seen Craig Watkins, Dallas DA, fill that role in the context of a county prosecutor.  But we haven’t had another state AG step up to fill Petro’s shoes.

We just might be seeing the first contender in Virginia Attorney General Ken Cuccinelli.  Here are two articles (here and here), that explore his stance on justice, the Michael Hash case, and wrongful convictions generally.  They are worth a read.

One Petro-like thing Cuccinelli is promoting is amending Virginia’s post-conviction laws to make it easier for inmates to prove innocence when there is no DNA in their cases (raise your hand if the AG in you state would propose such a law).  Regarding this amendment, he has said:

To have to prove by clear and convincing evidence that no reasonable juror would find beyond a reasonable doubt that someone committed a crime is mind-numbing in the extreme……the process by which it’s handled and the hoops you have to get through, I think, are worthy of reconsideration,” said Cuccinelli, who backed Haynesworth’s bid for exoneration.

Here’s a quote from Cuccinelli about the Michael Hash case:

“I am a big fan of law enforcement … but I also believe we’ve set up systems that achieve justice. You don’t rely on the people in the system. James Madison said, ‘If men were angels we wouldn’t need government.’ Well we’re not and that’s true on both sides of the line,” Cuccinelli told the Star-Exponent at the April 20 Culpeper County Victims Right Luncheon.

“We’re a little more angelic on the law enforcement side than the bad guys – a lot more actually – but we’re not perfect in that respect either and (Senior U.S. District Court) Judge (James) Turk’s opinion reflected that.”

“I’m suspicious of all accumulations and exercises of power on the part of government. The place that a lot of my fellow conservatives seem to abandon that concern is the criminal justice system, and I don’t. It’s why the only case I’ve been to court on as AG is to get someone out of jail.”

He referenced the December DNA exoneration of 46-year-old Thomas Haynesworth, who spent 27 years behind bars for a rape he did not commit. Last month, the governor of Virginia approved more than $1 million in compensation for wrongful imprisonment. Cuccinelli defended Haynesworth in the exoneration along with the Mid-Atlantic Innocence Project, the same group representing Hash, who is free on bond.

“Justice doesn’t mean convicting everybody. It’s convicting the right people,” Cuccinelli said.