Unjustly served

Twenty-seven years ago, Thomas Haynesworth was convicted of three sexual assaults and was sentenced to 70 years in prison. On Monday, Haynesworth was released from the Greensville Correctional Facility in Jarratt, Va. after DNA evidence linked at least one of the crimes to another man.

"It's very joyful to be back with my family. It's a big day for us," said Haynesworth minutes after leaving prison on his 46th birthday. He was reunited with his family along the side of the road just outside of the correctional facility.

"It felt good to be hugging him - it felt real good,"' said his mother, Delores Haynesworth.

Haynesworth and his lawyers now seek to clear his name of the other two sexual assault convictions. Attorney General Kenneth Cuccinelli and Richmond and Henrico county prosecutors support his effort to obtain a writ of actual innocence. No DNA evidence was obtained from the two crimes, as Haynesworth was convicted primarily on witness testimony. The Virginia Court of Appeals will examine Haynesworth's case for exoneration on March 30th.

In 2009, the Virginia Supreme Court overturned the first of Hayneworth's three convictions after DNA implicated Leon Davis, "The Black Ninja," a serial rapist serving several life terms for sexual assaults and several other crimes. Haynesworth was the first Virginia inmate to ever be granted a write of actual innocence because of DNA evidence.

According to the Mid-Atlantic Innocence Project website, after extensive review "it became clear that the two remaining convictions matched the very distinctive modus operandi of Davis." In late 2010, Haynesworth took and passed two polygraph tests about the 1984 attacks.

Gov. Bob McDonnell asked the Virginia Parole Board to review Haynesworth's case and consider granting him parole. On March 18th, the Board granted Haynesworth parole, and McDonnell said that if his lawyers sought a pardon, he would consider granting it. Three days later, Haynesworth was released.

"I'm not going to waste my time being hateful," said Haynesworth, when asked about the witnesses whose testimony led to his conviction.

"He doesn't have any bitterness," said Haynesworth's sister, Sandra. "That's the kind of person he is - even 27 years ago."

On Tuesday, Cuccinelli personally offered his apologies to Haynesworth for the failure of Virginia's justice system. In an interview with The Washington Post, Cuccinelli said, "It almost brings me to tears to think of the 27 years. As I said to him, 'I'm sorry doesn't do it, on behalf of the people of Virginia.' But there isn't much more. I can't get those years back."

Haynesworth hopes that his March 30th case before the Virginia Court of Appeals will result in a new chance at life. Unless the two remaining convictions are overturned, Haynesworth would have to register as a sex offender.

In an article on its website, the Mid-Atlantic Innocence Project, which represents Haynesworth, wrote, "Having the support of two prosecutors and the attorney general is incredibly unusual, and the Mid-Atlantic Innocence Project is hopeful that the court will take that into account, fully exonerate Haynesworth, and allow him to rebuild his life right as the innocent man he is widely known to be."

Haynesworth said that in the future, he wants to work with troubled youths, but for now, wants to spend time enjoying his family and some good home cooking.

The Associated Press contributed to this report.

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