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2022 SESSION
22107203DWhereas, Lamar Barnes (Mr. Barnes) was convicted in the Circuit Court of the City of Portsmouth on August 1, 2003, of first degree murder, malicious wounding, and two counts of use of a firearm in the commission of a felony, crimes that he did not commit; and
Whereas, Mr. Barnes was sentenced to life in prison plus 28 years; and
Whereas, Mr. Barnes served almost 20 years in the custody of the Virginia Department of Corrections; and
Whereas, Mr. Barnes, through the Innocence Project at the University of Virginia School of Law, submitted a petition for clemency seeking an absolute pardon based on the circumstances surrounding his innocence; and
Whereas, on January 4, 2022, Governor Ralph Northam granted Mr. Barnes an absolute pardon, noting that the pardon "reflects Lamar Barnes's innocence"; and
Whereas, Mr. Barnes was convicted largely based on his identification by three eyewitnesses at trial, all of whom have subsequently recanted their testimony and stated that they identified Mr. Barnes as a result of pressure from law enforcement and prosecutors; and
Whereas, Mr. Barnes's conviction was also the result of numerous constitutional violations, including due process violations, the suppression of exculpatory evidence, and the presentation of false evidence; and
Whereas, Mr. Barnes had a corroborated alibi for the time of the crime, which was not presented at trial; and
Whereas, multiple witnesses have identified an alternate suspect as the person who committed the crimes for which Mr. Barnes was convicted; and
Whereas, there was no physical evidence linking Mr. Barnes to the crime; and
Whereas, the Conviction Integrity Unit of the Office of the Attorney General conducted its own, independent investigation into Mr. Barnes's case and agreed that he is innocent of the crimes for which he was convicted; and
Whereas, during the course of Mr. Barnes's wrongful incarceration, he missed close to two decades in the lives of his children, who were infants at the time of his conviction; and
Whereas, Mr. Barnes, as a result of his wrongful incarceration, lost almost 20 years of his freedom and countless life experiences and opportunities, including family relations, the opportunity to further his education, and the opportunity to earn potential income from gainful employment during his years of incarceration; and
Whereas, Mr. Barnes 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 $1,603,316.54 for the relief of Lamar Barnes, to be paid by check issued by the State Treasurer on warrant of the Comptroller upon execution of a release of all claims Mr. Barnes may have against the Commonwealth or any agency, instrumentality, office, employee, or political subdivision in connection with the aforesaid occurrence.
The compensation, subject to the execution of the release described herein, shall be paid in one lump sum of $1,603,316.54 by check issued by the State Treasurer on warrant of the Comptroller within 60 days immediately following the execution of such release.
§ 2. That Mr. Barnes shall be entitled to receive reimbursement up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. Reimbursement for tuition shall be provided by the comprehensive community college at which the career or technical training was completed. The tuition benefit provided by this section shall expire on January 1, 2027.
§ 3. That any amount already paid to Mr. Barnes as a transition assistance grant pursuant to subsection C of § 8.01-195.11 of the Code of Virginia shall be deducted from any award received pursuant to § 1 of this act.
2. That the provisions of § 8.01-195.12 of the Code of Virginia shall apply to any compensation awarded under this act.