Waverly Two Celebrate Freedom: Long Fight for Justice Continues After Commutation

The recent presidential commutation of the “Waverly Two,” Terence Richardson and Ferrone Claiborne, marks a significant moment in their two-decade fight for freedom, though their Virginia legal battle for complete exoneration continues amidst strong opposition.

Last month, a heartfelt brunch celebration at Copper Hall RVA brought together the extended families of Richardson and Claiborne, who raised toasts to their newfound freedom and offered prayers for divine intervention in the complex legal challenges that lie ahead. Despite their release, the two men remain technically guilty under Virginia law, facing an uphill struggle against powerful state officials determined to keep them branded.

The initial case against Richardson and Claiborne was fraught with inconsistencies from its inception, stemming from the shooting of newly graduated Waverly police officer Allen Gibson in the woods behind an apartment complex. Even the county prosecutor, David Chappell, admitted the evidence was “borderline for proving murder,” highlighting the tenuous foundation upon which their long ordeal began.

For over two decades, both men steadfastly maintained their innocence, with no fingerprints or other physical evidence ever linking them to the crime. Despite this lack of concrete proof, they were compelled to accept plea deals; Claiborne cited financial inability to contest the charges, while Richardson recounted being threatened with the death penalty if he chose to face a Sussex jury.

The FBI subsequently launched its own investigation, leading to superseding federal charges for drug dealing, portraying the two as “kingpins” involved in a drug deal that allegedly went awry, resulting in Gibson’s death. While a federal jury acquitted them of murder, they were convicted on the drug charges, leading to an unexpected life sentence from U.S. Judge Robert Payne, who used a legal maneuver to penalize them as if they had committed murder.

In 2021, Virginia Attorney General Mark Herring requested an evidentiary hearing, citing new evidence previously unpresented in their trials, indicating a potential shift in perspective. However, it was President Biden’s presidential commutation of their sentences in January, one of his final acts in office, that ultimately secured their physical release from the Federal Correctional Institute in Petersburg in April, culminating in their release from home confinement on July 16.

The July 19 brunch symbolized not only the end of one harrowing chapter but also the beginning of a new, broader struggle for justice. Adams, himself exonerated in a wrongful conviction case and now advocating for innocence claims nationwide, emphasized that the “Waverly Two” case underscores the wider issue of wrongful incarceration and the ongoing battle to fully clear their names in Virginia as part of a larger push for criminal justice reform.

Despite their freedom, Virginia officials, including Attorney General Jason Miyares, continue to argue that the men should remain incarcerated, with Miyares running for reelection and former Governor Youngkin campaigning in early presidential proving grounds. This political landscape complicates their appeals, with Richardson having escalated his case to the Virginia Supreme Court in June, as Adams views the appeals court’s prior ruling as setting an exceptionally high bar for exoneration.

Both Terence Richardson and Ferrone Claiborne, through their own accounts, highlight the flaws in the justice system that led to their conviction, with Richardson asserting that authorities had another suspect who was inexplicably released. Mary Claiborne, Ferrone’s wife, attests to his unwavering faith and compassion, noting his consistent expression of sorrow to the Gibson family while steadfastly maintaining his innocence, a testament to their enduring Virginia legal battle for truth.

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