SUSSEX COUNTY, Va. — A Sussex County judge is allowing seemingly new evidence into a case about the 1998 death of a Sussex County Police officer. That's because Terence Richardson is attempting to prove his innocence.
He's one of the so-called 'Waverly Two' who is serving a life sentence although a jury acquitted him of murder,.
Terence Richardson, his attorneys, family, friends and members of organizations advocating for Richardson's release filled the Sussex County Circuit Court Wednesday and Thursday for an evidentiary hearing.
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Just to get to this point is a "big deal" according to Terence Richardson's attorney Jarrett Adams.
The family said they were there to support Terence Richardson every step of the way.
"You know it takes a strong person to be able to do 26 years for a crime he didn't commit," said Tynechia Richardson, cousin to Terence Richardson.
The case began on April 25, 1998, when, court documents show, Sussex County Police Officer Allen Gibson confronted two men to break up a drug deal in the woods behind the Waverly Village apartment complex. During a scuffle, the documents report, the men shot Gibson with his service weapon. Gibson was able to give responders a loose description of the men before he died at the hospital.
Watch previous coverage: Man serving life sentence seeks to clear name in 1998 death of Sussex police officer
That's a day those at the hearing won't ever forget.
"I was 10 years old when it first happened, so I was a little lost as well," said Curtis Claiborne, Jr., brother to Terence Richardson's co-defendant Ferrone Claiborne.
Curtis Claiborne, Jr., remembers that time when police arrested his brother Ferrone Claiborne as well as Terence Richardson.
"It's a tragedy to be part of something like this," said Curtis Claiborne Jr. "You would never think it would happen to your loved ones."
Terence Richardson pleaded guilty to involuntary manslaughter and Ferrone Claiborne pleaded guilty to accessory after the fact in the state case. Terence Richardson later claimed he took the deal after advisement from his trial attorney because he was fearful of the death penalty.
Then federal prosecutors charged the men with drug trafficking in connection to Gibson's death and took the case to trial. There a jury determined the men were not guilty of murder, but found them guilty of drug crimes.
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In an unusual move, the judge looked to the prior guilty pleas to sentence them to life in prison.
"As the years went on, I went on to do my own research. My brother initially was charged with a misdemeanor so we are fighting on Terence's behalf, but it goes hand in hand. They're definitely tied in together," said Curtis Claiborne Jr. "We want answers and we are going to be here until the end of it."
For the past 26 years, the men and their families have been fighting to get them released.
"Because they picked [Ferrone Claiborne] up on a misdemeanor so you go from a misdemeanor accessory after the fact to life in prison on the same charge. Come on now," said Curtis Claiborne, father to co-defendant Ferrone Claiborne.
"It's been a long journey, you know," explained Tynechia Richardson. "It hurts because me and Terence basically grew up together even though he's older than me. It's tough on the whole family. It's tough on his mom, his father, his children."
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After Terence Richardson's numerous attempts to clear his name, Virginia's Supreme Court ordered this week's Sussex County evidentiary hearing.
It was meant to allow a judge to learn details about the seemingly new pieces of evidence in the case.
The crux of the matter? Was the evidence material, or relevant, and did Terence Richardson's trial attorney exercise reasonable diligence 26 years ago?
Adams, Sarah Hensley, and other attorneys for petitioner Terence Richardson claimed key pieces of evidence, including a photo lineup identification and a then 9-year-old's eyewitness statement, points to a different suspect and was originally overlooked in the case.
Senior assistant attorney general Brandon Wrobleski objected to each document's validity and argued no one knows whether each piece of evidence is the same as it was in 1998.
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The judge agreed in part stating; "it concerns me greatly there was a period of 20-plus years where we don't know who was in possession of those files."
The written eyewitness statement of the then 9-year-old caused concern too. The woman, who Terence Richardson's attorneys said made the statement, testified that she had no memory of talking to police or of the incident at all.
Time was a sticking point in the case. Many witnesses could not remember exactly what happened in 1998 and other would-be-witnesses have died in the years it's taken the case to get to this point.
At the end of the hearing, the judge determined the eyewitness statement could be included in the case because an investigator testified to speaking with and recording the child's statement, and signing the document in 1998.
On the other hand, the judge rejected the use of the photo lineup because no one could remember who administered it. The judge will be making other determinations in the next few months.
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"I'm not completely satisfied with the judge's ruling, but I am somewhat satisfied," said Curtis Claiborne. "We did get some of what we needed."
So, on Terence Richardson's 53rd birthday Thursday, the family said they're holding out hope.
"What I am hoping and what I believe will happen is that the evidence that we have proved and the statements Terence has made himself about his innocence is he's coming home," said Tynechia Richardson.
Attorneys on both sides declined to comment on the evidentiary hearing due to the ongoing litigation.
