Ex-Death Row Prisoner Told To Stay in Va. After Release Planned Capitol Hill Trip Barred by State Officials

 By Brooke A. MastersThursday, February 8, 2001; Page B01 Earl Washington Jr., who was nearly executed for a rape and murder he didn't commit, had planned to walk out of a Virginia prison on Monday and go straight to Capitol Hill. There, he was to meet with at least two members of Congress and a media horde. Then he was supposed to celebrate with family members he hasn't seen since he went to prison in 1983.But yesterday, the Virginia Department of Corrections halted Washington's plans. Assistant Director James Camanche said Washington may not cross the Potomac because he still has six months of parole to serve on an unrelated assault conviction."It is not now, nor has it ever been our practice to let recently released inmates travel out of state. Adjustment to the community and successful completion of parole is our main goal for Mr. Washington," he wrote to Rep. Robert C. "Bobby" Scott (D-Va.). The letter said Washington must instead go straight to Virginia Beach, where his attorneys have arranged for him to live in a group home.Washington's supporters say they think Virginia officials are hoping to limit public attention to the case and are embarrassed that the state came within days of electrocuting an innocent man."This is indicative of a system that is not known for admitting its mistakes," said Sen. Patrick Leahy (D-Vt.), who had planned to meet with Washington to discuss his bill to reform the death penalty. "The state of Virginia insisted on pursuing a death penalty charge despite having wholly unreliable evidence. Then it kept him imprisoned for years despite knowing he was falsely convicted."And now it will not even let him tell his story to the American people," Leahy said.Spokesman Larry Traylor said the Department of Corrections had no comment beyond the letter to Scott. The Corrections Department controls the movements of its parolees, who must receive permission to leave the state.Washington was arrested in 1983 after breaking into a neighbor's home and hitting her with a chair. Washington, whose IQ puts him in the bottom 2 percent of the population, quickly confessed to that assault and a series of other crimes. Most of the charges were dropped, but he was convicted and sentenced to death for the 1982 rape and murder of Rebecca Lynn Williams, 19, in Culpeper.Washington came within days of the electric chair in 1985. His sentence was reduced to life in 1994 by then-Gov. L. Douglas Wilder because early DNA tests had cast doubt on Washington's guilt.Then last summer, Gov. James S. Gilmore III ordered more sophisticated DNA tests, and those found no trace of Washington at the crime scene. Gilmore pardoned Washington for the murder in October, but he left in place the convictions for the attack on the neighbor, a crime Washington says he committed and regrets.The governor's action left Washington still serving a 30-year sentence. He was eligible for early release because the crime predated Virginia's abolition of parole. Last fall, the Virginia Parole Board declined to grant Washington immediate release. But the inmate's good behavior in prison over the years has earned him enough credit that he becomes eligible for mandatory release next week."I'm disappointed that Washington will apparently be unable to respond to a request from members of Congress who are working on legislation that will affect cases just like his," Scott said. "It seemed like a reasonable request. . . . He was only going to be in Washington, D.C., for a few hours, and he would be with his attorney. . . . He should have been released totally years ago." Virginia Criminal Sentencing Commission statistics show that people sentenced for similar crimes served on average seven to 10 years. But during his years on death row, Washington was not eligible for programs that would have earned him time off.Washington's attorney, Barry Weinstein, called the decision to bar his client from going to the Capitol "outrageous." "They refuse to acknowledge the harm and wrongdoing that was done to Earl Washington by the commonwealth," he said. "They consistently find ways to keep Earl down." Gilmore's spokeswoman, Lila White, said the governor would stand by his Corrections Department's decision. "We have full confidence in the Department of Corrections if they are acting according to policy," White said. Weinstein said his client had been looking forward to seeing his attorneys and going to Washington. They had not told the inmate of the planned family reunion in Tysons Corner because it was going to be a surprise."I wanted this to be Earl's day," Weinstein said.