Hash gains independence
Credit: Jeff Say
Michael Wayne Hash has his shackles removed after being released Wednesday.
By:
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Culpeper Star Exponent
Published: March 15, 2012
Published: March 15, 2012
Michael Wayne Hash is a free man after spending the last 12 years behind bars.
At a bond hearing Wednesday in Culpeper County
Circuit Court that lasted less than five minutes, Judge Jay T. Swett
granted a $10,000 unsecured bond.
“It feels good – long time coming,” said an
unshackled Hash from the back of an Albemarle County Sheriff’s Office
cruiser as he departed Culpeper en-route to the
Albemarle-Charlottesville Regional Jail, where he was officially let go.
Asked what his first meal as a free man would be, Hash, 31, said, “Something home-cooked, that’s for sure. Nothing processed.”
Imprisoned since being arrested by Culpeper
authorities in May of 2000 in the 1996 death of church organist Thelma
Scroggins, Hash – formerly of Culpeper – was found guilty of capital
murder in February 2001 and sentenced to life in prison. He was 19 at
the time.
Late last month, a federal judge overturned Hash’s
conviction, citing extreme police and prosecutorial misconduct by
Culpeper authorities in investigating and trying the case. In his
65-page opinion, Senior U.S. District Court Judge James Turk listed
numerous examples that evidence used in his conviction was “brought
about by methods that offend a sense of justice.”
Hash maintained his innocence from the start. For
the past decade his mom, Pam Hash, worked tirelessly in conjunction with
the Mid-Atlantic Innocence Project in Washington, D.C. to set her son
free.
“I am hoping to take him back home,” said Mrs. Hash
prior to Wednesday’s bond hearing. “It’s hard for me because I still
think he’s 19.”
Jeff Hash, Michael’s father, said they always felt confident their son would be released.
“That’s why we fought for 12 years,” he said.
The federal judge gave authorities six months to
retry Hash or set him free for good. Special prosecutor Raymond F.
Morrogh, Fairfax County Commonwealth’s Attorney will make that decision.
He was present in Culpeper Circuit Court Wednesday.
In addition to the Mid-Atlantic Innocence Project,
Matthew Bosher of Hunton & Williams has represented Hash logging
more than 2,000 pro bono hours on the case.
Prior to Wednesday’s hearing, Bosher and Morrogh
reached an agreement on the terms of Hash’s release. Among the terms,
Hash must attend any and all hearings in the continuing case, reside at
the home of his parents in Crozet, not leave the state without special
permission from the court, report weekly to the OAR-Jefferson Area
Community Corrections program in Charlottesville, keep the peace and be
on good behavior.
Judge Swett said that “looking at the totality of
the circumstances” he felt it appropriate to release Hash pending
Morrogh’s determination. The case will be called for review April 16 at
9:30 a.m. in Culpeper County Circuit Court.
“We’re really happy that Mike’s going home with his
family tonight and are looking forward to working with the special
prosecutor,” said Shawn Armbrust, executive director of the Mid-Atlantic
Innocence Project after the hearing.
Special prosecutor Morrogh said after the hearing that he did not object to Hash’s release.
“I thought it was a fair thing to do under all the circumstances,” he said.
Morrogh said he did not think he would be ready to
make his final determination by the April 16 hearing, but said it is a
possibility.
“There is just a lot of material, a lot of
allegations back and forth,” he said. “Essentially I’m investigating the
case – I have to look at the investigation, and that’s going to take
some time. We are going to work as diligently as we can until we reach
whatever (decision) we’re going to reach.”
Former longtime Culpeper County Commonwealth’s
Attorney Gary Close was prosecutor in the original trying of the capital
murder case against Hash in 2000. One of the lead investigators was
Scott Jenkins, current Culpeper County Sheriff. Close resigned Monday
amid the controversy saying that although he was inclined to fight back
he was now a distraction to law enforcement in Culpeper County.
Jenkins has maintained he did nothing wrong in investigating the case under former Sheriff Lee Hart.
But according to the federal judge’s opinion,
tactics used by Culpeper authorities in the case against Hash – and two
other defendants allegedly involved in the 1996 murder – included using
known perjured testimony in court, not disclosing key evidence to the
defense, sharing crime scene evidence with witnesses and coaching their
testimony. Local authorities also orchestrated the transfer of Hash from
the Culpeper jail to the jail in Albemarle so as to expose him to a
prolific prison informant who also lied in court.
No physical evidence ever tied Hash to the
Scroggins’ murder and, in fact, the initial investigation found that a
single person did the crime – not the three teenagers who stood trial.
In a recent deposition included as part of the
federal opinion, Jenkins admitted he had doubts from the beginning that
three teenage boys killed Scroggins and that the CCSO investigation was
mishandled. He said at this point in his career, “I would do it
differently.”
Sheriff Jenkins made his presence known in the court
proceedings Wednesday, and even approached Hash outside the jail upon
his release. Jenkins and Hash talked for several minutes and at one
point Hash could be heard saying, “I appreciate it.” The two men shook
hands twice.
Numerous green-colored fliers, posted by order of
Sheriff Jenkins, were displayed around the courthouse courtyard
Wednesday referencing Tuesday’s Star-Exponent article about Close
resigning. The flyer quoted local attorney Butch Davies, who strongly
blamed the local newspaper for the commonwealth’s attorney stepping
down.
Highlighted on Jenkins’ flyer with a box drawn
around it was the following quote, “It is the legal process at work, not
a scandal,” Davies said. “What you have done is a real disservice to
the community.”
Jenkins has refused to meet with the Star-Exponent to explain his role in the Hash investigation.
Albemarle Sheriff J.E. “Chip” Harding, who aided in
Hash’s release and exposure of the truth in the case, has made it a
point to stay by his side during the latest turn of events. Harding
transported Hash to Culpeper Wednesday saying, “He is always quiet and
very polite.”
The Albemarle Sheriff previously said he hopes “the process works its way out fast.”
“This is a very emotional time for Michael,” Harding
said last week upon transferring Hash from jail in Nottoway. “We just
left his parents and can you imagine what they’re going through, knowing
that their child has been locked up and been innocent for 12 years and
missed a lot of his early adulthood?”
Harding said he would like to see Hash released before a golf tournament to benefit the sheriff’s office, planned for May 17.
“I hope he can be my guest of honor,” he said.
Pam Hash brought along a change of clothes for her son just in case he was released directly from Culpeper.
“A couple of weeks ago we redid his room,” she said. “I’m hoping what I brought will fit after all these years.”
In Charlottesville
A small crowd of Hash’s family eagerly awaited his
release in the hot afternoon sun outside the main entrance of
Albemarle-Charlottesville Regional Jail Wednesday. Several of Hash’s
nieces held signs welcoming him home.
“I thought it was the appropriate ruling. I felt
that it was very favorable, that the special prosecutor agreed with
Michael's attorneys and allowed bond,” Albemarle County Sheriff J.E.
“Chip” Harding said in a phone interview later in the afternoon.
The family was happy, smiling and talkative as they anxiously waited for Hash to be formally let go.
“We’re overwhelmed with joy. It’s not even sunk in
yet,” Jeff Hash, Michael Hash’s father, said. “I think as each day goes
along its going to get better and better.”
Michael Hash was finally released at around 4:30 p.m.
He seemed pleased but overwhelmed as he stepped out
of the sheriff department’s car wearing khaki slacks and a blue-striped
collared shirt.
His mother, who had taken her shoes off after
spending the afternoon on her feet, ran across the jail’s parking lot
and wrapped her arms around her son. She kissed him on the cheek as Jeff
Hash joined in the hug.
Hash warmly greeted each member of his family.
“You’re getting big. I can’t even pick you up hardly,” he told one of his nieces, Sabrina Hash, as she jumped into his arms.
“I’m glad to be home after 12 years,” Hash told a crowd of reporters outside of the jail.
“It's very emotional for me. It's very gratifying to see this day come for him,” Harding commented.
After just a few moments, Hash and his mother, father and nieces got in a tan Buick LeSabre and drove off.
Hash had plans to see his grandmother later Wednesday night, his father said.
Please contact us if you need legal advice.
Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
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