RICHMOND – With a stroke of his pen, Gov. Terry McAuliffe has cleared Keith Allen Harward to receive nearly $1.6 million from the commonwealth of Virginia for the 33 years he spent in prison for crimes he didn’t commit.
McAuliffe last week signed House Bill 1650 approving the compensation package for Harward.
“On April 7, 2016, the Supreme Court of Virginia granted Mr. Harward’s Writ of Actual Innocence, formally exonerating him of all the crimes for which he had been convicted,” the legislation stated.
Harward, now 60, was convicted of a 1982 rape and murder in Newport News. According to trial summaries, the rape victim was awakened around 2 a.m. by a loud thumping sound as her husband was being beaten by a man.
The woman was thrown out of bed and repeatedly sexually assaulted as her husband lay dying. Her assailant held a diaper over her head and threatened to harm her children if she did not cooperate.
In 1986, Harward was tried and convicted of first-degree murder and sentenced to life when two forensic odontologists testified that Harward’s teeth matched those of the bites on the woman.
He was released from prison on April 8, 2016 after DNA testing proved he was not the killer. Harward had always maintained his innocence.
The bill, sponsored by Del. Rip Sullivan, D-Arlington, notes that because of his wrongful conviction, Harward “suffers from numerous painful physical injuries, systemic health conditions, and severe mental anguish and emotional distress and has lost countless opportunities, including the opportunity to marry and have children” and that he “is an impoverished man, with no job skills or career prospects and no savings or accumulated pension benefits, and does not qualify for social security benefits.”
The legislation passed by the General Assembly and signed by McAuliffe will take effect July 1. To receive the money, Harward must sign documents releasing the state of any present or future claims.
Then, within 60 days, Harward will receive a check for $309,688. By Sept. 30, the state treasurer will buy a $1,238,751 annuity for Harward. He also will be provided up to $10,000 for tuition for career and technical training from the Virginia Community College System.
During his ordeal in prison, Harward received legal support from the Innocence Project.
He is at least the 25th person to have been wrongfully convicted or indicted based at least in part on bite mark evidence, according to the project.