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2002 SESSION

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026106460
SENATE BILL NO. 88 Offered January 9, 2002 Prefiled January 4, 2002 A BILL for the relief of Jeffrey D. Cox. ---------- Patron-- Marsh ---------- Referred to Committee on Finance ----------

Whereas, Jeffrey D. Cox (Cox) was arrested on October 18, 1990 in the City of Richmond and charged with First Degree Murder, Abduction with Intent to Defile and Breaking and Entering; and

Whereas, on February 13, 1991, Cox was convicted of these charges and sentenced to life imprisonment plus fifty years; and

Whereas, Cox subsequently filed a Petition for Appeal with the Virginia Court of Appeals; and

Whereas, on March 16, 1992, the Virginia Court of Appeals denied the Petition; and

Whereas, Cox continued to work tirelessly towards having the conviction appealed; and

Whereas, on August 16, 1995, the Virginia Supreme Court restored his right to appeal and Cox subsequently filed another Petition for Appeal; and

Whereas, the Virginia Supreme Court denied the Petition on March 8, 1996; and

Whereas, while his Petition for Appeal had been denied, Cox continued to seek his freedom through habeas corpus proceedings; and

Whereas, new evidence was revealed which supported Cox's innocence of the crimes including confessions by other parties; and

Whereas, based on this new evidence, the Office of the Attorney General reached a settlement agreement with Cox resulting in the Richmond Circuit Court entering an order on November 14, 2001 vacating the convictions; and

Whereas, Cox was incarcerated from the time of his arrest on October 18, 1990 until he was released on November 14, 2001; and

Whereas, at the time of his arrest, Cox was employed as an air conditioning repairman and was working towards obtaining his tradesman's certification as an electrician; and

Whereas, Cox has lost income and a promising career during his eleven years of incarceration; and

Whereas, Cox has also suffered severe physical, emotional and psychological damage as a result of this wrongful incarceration and has no other means to obtain adequate relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby appropriated from the general fund of the state treasury the sum of $ 750,000 for the relief of Jeffrey D. Cox, to be paid by check issued by the State Treasurer on warrant of the Comptroller, upon execution by him of a release of all claims he may have against the Commonwealth or any agency, instrumentality, office, employee or political subdivision in connection with the aforesaid occurrence.