Ex-Convicted Murderer Released

Conviction overturned last month

A man who spent more than a decade in prison following a capital murder conviction was freed Wednesday.

Michael Hash arrived at court Wednesday in handcuffs and shackles to seek release. He was convicted in 2001 for the 1996 murder of 74-year-old Thelma Scroggins, but last month U.S. District Judge James C. Turk vacated the conviction, citing misconduct by the prosecutor and police.

After a brief hearing Wednesday, Hash was ordered released on conditions that he doesn't leave Virginia, resides with his parents, reports to a caseworker weekly and posts $10,000 bond, News4’s Chris Gordon reported. His restraints were removed and he was taken to Albemarle County to be released.

“We’re very happy that Mike’s going to be home with his family tonight, and we’re really looking forward to working with the special prosecutor as he decides whether or not he’s going to retry the case,” said Shawn Armburst, of the Mid-Atlantic Innocence Project.

Culpeper County Sheriff Scott Jenkins said he didn't do anything wrong and has nothing to hide. He said he believed it was a weak case from the beginning.

“Nothing was done improper by myself or the other investigator,” Jenkins said.

Fairfax County Commonwealth’s Attorney Raymond Morrogh was asked to serve as special prosecutor and independently review the case against Hash.

“We’ve already begun reviewing the files -- sheriff’s files, commonwealth’s attorney’s files -- and the evidence collected at the scene, various trial transcripts,” Morrogh said.

He has six months to decide whether to retry Hash.

Culpeper County Commonwealth's Attorney Gary Close, who was elected to his sixth term in November, resigned Monday after the conviction was vacated.

Scroggins was shot multiple times and beaten in her home in July 1996. In 2000, Hash and two other men -- Eric Glenn Weakley and Jason Lee Kloby -- were arrested.

There was no physical evidence tying Hash to the crime, but prosecutors relied on testimony from Weakley and two others, including a jailhouse snitch, to convict him.

Weakley accepted a plea in the case, serving almost seven years, while a Culpeper jury found Kloby innocent.

Turk faulted Culpeper authorities for using a jailhouse snitch who told the jury Hash confessed to the murder but then lied in testimony about his history as a jailhouse informant and about a deal in which authorities said they would attempt to get his sentence on federal drug charges reduced in exchange for his testimony.

“I never set up any type of jailhouse snitch to meet with Mike Hash,” Jenkins told Gordon.

Turk said Close also failed to disclose a deal with Weakley, who testified against Hash and in exchange his charge was reduced from capital murder to second-degree murder. Weakley has since recanted his testimony, saying Culpeper authorities gave him the details about the slaying.

Authorities also were accused of withholding a polygraph examination that showed Weakley was deceptive when he gave details of the killing.

Weakley's attorneys have said they will seek a pardon from the governor.

Copyright AP - Associated Press
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