Writ of Actual Innocence

Commonwealth v. Carpitcher, the Circuit Court for Roanoke County, Virginia.

    On June 30, 1999, Aleck Carpitcher was tried by a jury on one count of aggravated sexual battery, one count of taking indecent liberties with a minor, and three counts of animate object sexual penetration. The testimony of a then 11 year old witness was the only evidence presented against Mr. Carpitcher, in a prosecution that lasted approximately 35 minutes.  There was no medical evidence, no corroborating evidence, no eyewitness evidence and no confession. What's more, the testimony of the complaining witness was that Mr. Carpitcher had molested her during a time when he was in entirely different part of the country.    Nevertheless, Mr. Carpitcher was convicted and sentenced to 73 years in prison.     Seven months after Mr. Carpitcher was convicted, the young girl came forward and admitted that she had fabricated her entire claim against Mr. Carpitcher.  The young girl has Recanted Her Testimony in full, has taken and passed a lie detector test, and has written to the Governor asking for Mr. Carpitcher's release.  The government has used every means at its disposal to keep Mr. Carpitcher in prison.      To this day, Mr. Carpitcher remains incarcerated not just for a crime he did not commit but for a crime that never occurred.  The fight continues.