Lawmakers on the Virginia Crime Commission have endorsed legislation that, if passed, would require a deeper case review of all criminal cases that former state serologist Mary Jane Burton handled in the 1970s and ‘80s.
The legislation calls for creation of an expert panel — including, among others, a commonwealth’s attorney, a public defender, a retired circuit court judge and an independent serologist — to review Burton’s cases and determine if a “pattern of misconduct” could be established.
The Crime Commission voted unanimously Friday to approve the review, which was recommended by commission staff last year.
House Majority Leader Charniele Herring (D–Fairfax), the commission’s chair, said during the December meeting “we just have to do a thorough investigation and not cut any corners in this.”
According to co-chair Sen. Scott Surovell (D–Fairfax), the Crime Commission’s endorsement means that the review is likely to sail through the General Assembly and be approved by Gov. Glenn Youngkin.
“Hopefully the adoption of this legislation will send the message that we're serious about getting to the bottom of this, so that people can have absolute faith in the work of the Department of Forensic Science,” Surovell told VPM News. “Because right now, I think there are questions, given this Mary Jane Burton situation.”
The General Assembly ordered the first look into the scope of Burton’s work last year following the release of the VPM podcast Admissible: Shreds of Evidence — which called into question the quality and accuracy of Burton’s lab work.
That initial review is ongoing.
Sen. Louise Lucas (D–Portsmouth) told VPM News she thinks a deeper review of Burton’s cases will go a long way toward “trying to correct an error that was made in years past.”
“I think it's egregious that it happened, but we need to be able to set up some process so that it doesn't happen again ever,” Lucas said.
It’s not entirely clear how a “pattern of misconduct” would be established, but House Minority Leader Todd Gilbert (R–Shenandoah) is confident the expert panel would be able to make that determination, if and when necessary.
Gilbert said the deeper review is “long overdue,” adding that “it's high time that we find out what the consequences of her actions were.”
If the legislation is approved by both chambers of the General Assembly and Youngkin, the Crime Commission would then need to vote to select members for the expert panel.
During Friday’s meeting, Deputy Attorney General Theo Stamos suggested adding a member of the attorney general’s office to the review panel. The move was ultimately agreed upon, but hinged on the Virginia State Bar not finding a conflict of interest from OAG’s involvement.
House Speaker Don Scott (D–Portsmouth) suggested the commission get an informal opinion from the state bar before formally adding an additional representative to the panel.
