DNA Test Shows Wrong Man Convicted of Va. Rape

August 12, 2010

DNA tests conducted as part of Virginia's one-of-a-kind post-conviction DNA testing program have indicated that a man convicted of a 1981 rape is innocent.

Calvin Wayne Cunningham would be the eighth man exonerated by decades-old biological evidence and the third since former Gov. Mark Warner ordered testing five years ago of all biological evidence discovered in files from 1973 through 1988.

Cunningham served seven years in prison after being convicted in 1981 of raping the superintendent at his apartment complex in Newport News. A DNA test concluded in February eliminated him as a possible source of semen left at the scene.

The Mid-Atlantic Innocence Project has asked the Virginia Supreme Court for an order declaring him innocent.

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