CULPEPER
Culpeper County's commonwealth's attorney said Monday that he would resign after a federal judge accused him and police of misconduct in the capital murder conviction of a man serving a life sentence for the slaying of an elderly woman.
Commonwealth's Attorney Gary Close hand-delivered a letter to the Star-Exponent announcing his resignation, effective today.
"It is not an easy decision," the letter said. "My inclination is to fight back. But in the final analysis, I do not think a protracted battle is good for the office of commonwealth's attorney or for Culpeper County."
U.S. District Judge James C. Turk last month overturned Michael Wayne Hash's 2001 capital murder conviction and life sentence, citing prosecutorial and police misconduct and an inadequate defense. Hash was one of three people charged in the 1996 death of 74-year-old Thelma Scroggins, who was beaten and shot. Hash was 15 at the time.
"Having reviewed the voluminous record in this case, the court is disturbed by the miscarriage of justice that occurred in this case and finds that Hash's trial is an example of an 'extreme malfunction in the state criminal justice system,' " Turk concluded.
Turk ruled that Hash must be retried within six months or set free. A special prosecutor - Fairfax County Commonwealth's Attorney Raymond F. Morrough - will make that decision.
- The Associated Press
the case
U.S. District Judge James C. Turk last month overturned Michael Wayne Hash's 2001 capital murder conviction and life sentence, citing prosecutorial and police misconduct and an inadequate defense.
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