New DNA results prompt fresh look at old Richmond case

A huge state post-conviction DNA project aimed at clearing wrongly convicted persons has prompted Richmond prosecutors to look into another old case.

Richmond Commonwealth's Attorney Michael Herring could not be reached for comment, but his chief deputy, Matthew P. Geary, confirmed that another so-called "Mary Jane Burton" case was referred to his office this week.

Meanwhile, a spokesman for the Virginia Department of Forensic Science confirmed today that it also contacted a prosecutor's office in the Tidewater area this week "about post-conviction test results that may prompt additional investigation by law enforcement."

Old biological evidence found in the case files of the late Mary Jane Burton has cleared five men of decades-old rape convictions.

As a result, in 2005 Gov. Mark R. Warner ordered a search of more than 500,000 old forensic case files from 1973 through 1988 and that DNA testing be conducted where appropriate to clear anyone else who may have been wrongly convicted.

Last week, it was disclosed that DNA testing early in the effort may clear a sixth man of a rape conviction in Richmond: Victor Anthony Burnette, 56, of Richmond, who served eight years for a 1979 rape that he maintains he did not commit.

Burnette has had a request for a pardon before Gov. Timothy M. Kaine since last year.

Geary would not provide any details except to say, "We're looking into it as thoroughly and as quickly as possible." He said the first thing that must be determined is the significance of the test results and analysis from the Virginia Department of Forensic Science.

Tom Gasparoli, a spokesman for the department, would only confirm Geary's office had been sent test results "that may potentially lead to additional investigation by law enforcement. I cannot provide any more details on this particular case at this time."

He also would not disclose details about the Tidewater case. He said the department does not make the decisions about how, when or if a given commonwealth's attorney or law enforcement agency chooses to proceed on these cases.

"The circumstances and evidence are distinct to each case, and we would caution against a generalization that any (of the department's) post-conviction DNA testing automatically "clears" a named individual of connection to a crime," said Gasparoli.

Authorities stress, however, that in many cases the absence of DNA does not prove innocence.

Contact Frank Green at (804) 649-6340 or .