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Defendant

Date of Crime

Jeffrey David Cox was convicted of the abduction and stabbing murder of 63-year-old Eloise Cooper, a black woman.  Two neighbors, both blacks, who witnessed the 3 a.m. abduction, stated the perpetrators were two white males.  Police believed the perpetrators to be Billy Madison and Stephen Hood, but neither witness identified them in a lineup.  Instead, they tentatively identified Cox, who was included in the lineup because he was a friend of Madison and because Hood suggested he might have been involved.  Both witnesses said they wanted to see Cox in person to be sure.  In a later lineup, one witness failed to identify Cox, and the other witness was not asked to view the lineup.  Nevertheless at trial, both witnesses identified Cox as one of the perpetrators.  Police believed the other perpetrator was Madison.

At his trial, Cox testified on his own behalf, along with several alibi witnesses.  Before reaching a verdict, the jury asked the judge several questions.  They wanted to know why Cox was a suspect, why the scientific evidence – such as the skin and hairs under the victim's nails – had not been tested, and what happened during the police questioning of Cox.  The judge refused to answer any of the questions, and the jury found Cox guilty.  He was sentenced to life plus 50 years in prison.

In 1997, Cox's family hired two new attorneys who discovered numerous pieces of exculpatory evidence that had been withheld from the defense:  (1) One eyewitness had an extensive criminal past that he had lied about at trial.  (2) Charges pending against the other witness were dropped after she testified against Cox, suggesting that she had made a deal with the prosecution.  (3) Police had withheld from the defense a “Crime Stoppers” report containing the eyewitnesses' descriptions of the perpetrators, which did not match Cox.  (4) Hair analysis showed that two hairs found on the victim's body were of a different color than Cox's hair.

The attorneys asked the FBI to investigate the murder.  An FBI investigation reportedly discovered extensive evidence against Hood, including a possible motive.  An acquaintance of Hood, Roberto Steadman, acknowledged ripping off Hood and Madison in a $100 marijuana deal.  He told Hood he lived with his grandmother, and falsely used the victim's address as his own address “so no one could trace him.”  The victim was unrelated to Steadman.  During a plea negotiation, Hood said he committed the murder with Madison, and this statement was later admitted into evidence as a confession.  Despite an indictment of Hood for the crime, police refused to acknowledge Cox's innocence.  Nevertheless, in 2001, prosecutors agreed to vacate Cox's conviction and drop charges against him.

The prosecutorial agreement was unprecedented in that Virginia bars the introduction of new evidence discovered more than 21 days after sentencing.  Virginia convicts found to be innocent have always had to seek clemency from the governor.  Cox is the first time serving “innocent” to be exonerated by a court since the 21-day rule was passed.  Hood's upcoming trial presumably helped to prompt the agreement as Cox's conviction could have been used as exculpatory evidence by Hood's defense.  In 2002, Hood was convicted of the murder.  Madison has never been charged with the crime.  Cox received $750,000 in compensation from Virginia for his wrongful conviction.  (MAIP) (Washington Post) (WPost2) (Hood v. Virginia)  [7/07]

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