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1998 SESSION
989364492Whereas, in June of 1988, Yvonne Crittle Johnson was arrested by the City of Newport News police; and
Whereas, Ms. Johnson was charged with forcible rape, robbery, aggravated sexual battery and use of a firearm in the commission of a felony; and
Whereas, on November 1, 1988, Ms. Johnson, having pled not guilty to all charges, nevertheless was convicted and found guilty of all the crimes charged; and
Whereas, Ms. Johnson was subsequently sentenced to twenty-two years in the state penitentiary with fifteen years suspended; and
Whereas, Ms. Johnson was incarcerated from the time of her arrest in June of 1988 until she was released on October 4, 1990; and
Whereas, at the time of her incarceration and subsequent conviction Ms. Johnson was twenty-four years old and the mother of two small children; and
Whereas, the alleged victim, Tammy Wilson, recanted her testimony in a sworn statement dated January 2, 1997; and
Whereas, as a result of the recantation, the Commonwealth's Attorney for the City of Newport News conducted an investigation; and
Whereas, on April 30, 1997, in response to a petition filed by Ms. Johnson and supported by the Commonwealth's Attorney, Governor George Allen granted Ms. Johnson an absolute pardon for her 1988 conviction; and
Whereas, Ms. Johnson has suffered severe physical, emotional and psychological damage as a result of this wrongful restraint and has no 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 the sum of $28,000 for the relief of Yvonne Crittle Johnson. This sum shall be paid by check issued by the State Treasurer on warrant of the Comptroller to Yvonne Crittle Johnson, upon her (i) execution of a release of all claims she may have against the Commonwealth or any agency, instrumentality, officer, employee or political subdivision thereof, in connection with the aforesaid occurrence and (ii) assignment to the Commonwealth of any and all rights she may have to collect any damages from Tammy Wilson based on the recanted testimony up to the amount of $28,000.