The governor on Friday ordered DNA tests be
conducted on evidence that a death row inmate claims will set him
free. The inmate, Derek Barnabei, is scheduled to be executed next
week. Gov. Jim Gilmore ordered the tests on fingernail clippings
taken from the body of a 17-year-old girl Barnabei was convicted
of raping and killing. The clippings had been reported missing
from a locked storage room. They were found days later, and
Gilmore ordered an investigation into their disappearance. He said
a forensics director determined the evidence packets had not been
opened.
Gilmore said he expected the results from the
new tests to be available well ahead of Barnabei's scheduled Sept.
14 execution.
Seth Tucker, an attorney who represents
Barnabei, said he was pleased with the new tests, but was still
concerned about possible tampering with the evidence and troubled
that the execution has not been delayed.
Barnabei, 33, has contended that he is innocent
in the slaying of Sarah Wisnosky, whom he had been dating. The
nude body of the Old Dominion University freshman was found in the
Lafayette River in Norfolk on Sept. 22, 1993. She had been
strangled and suffered 10 blows to the back and right side of her
head, possibly from a hammer. Barnabei, an Italian-American, has
drawn strong support from Italy. In 1998, more than 200 Italian
legislators appealed to Virginia to grant Barnabei a new trial.
Earlier this year, the Italian parliament appealed to Gilmore to
stay the execution.
William S. Sessions, a former federal judge who
was FBI director under presidents Reagan and Bush, also wrote to
Gilmore urging him to approve the tests.
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