On Virginia's Death Row

The Washington Post

Monday, March 20, 2000

DEREK BARNABEI evokes no sympathy. He is on death row in Virginia for the rape and murder of his girlfriend, Sarah Wisnosky, in 1993. The evidence of his guilt seems strong. But that strong probability of guilt makes Virginia's unwillingness to permit DNA testing of potentially key evidence all the more puzzling. Mr. Barnabei has maintained his innocence, and the case has a few troubling aspects. In light of this, it only makes sense to test bloodstained physical evidence retained but never tested by investigators. Yet Virginia balks on the grounds that Mr. Barnabei's guilt is so clear.

The likelihood is that the blood is Ms. Wisnosky's, which would neither bolster nor undermine the jury's verdict in the case. It also could be Mr. Barnabei's, which would reinforce the integrity of the verdict. But the presence of someone else's blood would make Mr. Barnabei's claims more credible.

It is hard to see why a state, before putting someone to death, would be unwilling to demonstrate a jury verdict's consistency with all of the evidence. Indeed, this is precisely the type of case in which the state should have no choice. Under a bill being pushed by Sen. Patrick Leahy (D-Vt.), states would be obligated in such circumstances to allow post-conviction DNA testing. Such a law would not merely offer a layer of protection to innocent people but would increase public confidence in the convictions of guilty people.