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Brian Cherrix was indicted by the August 4,
1997, Grand Jury of the Commonwealth of Virginia, in and for the body of
the County of Accomack as follows: one count of capital murder, §
18.2-31; one count of forcible sodomy, §18.2-67; two counts of use of a
firearm during the commission of a felony (capital murder and sodomy), §
18/2-53; and possession of a firearm after having been convicted of a
felony, § 18.2-308.2 (App. 46). All of the offenses were alleged to have
occurred on January 27, 1994, in Accomack County, Virginia.
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Brian Cherrix is awaiting execution at a Virginia Correctional Center.
He was convicted of capital murder on the basis of a single item of
evidence: an unsigned, repudiated "confession" elicited and transcribed
by a local police officer when no one else was present. There is no
physical evidence linking Mr. Cherrix to the crime: no DNA, no
fingerprints, no footprints, no .incriminating .blood stains--none of
the usual items that crimes of this sort normally leave behind.
In fact, the only evidence found by police--two strands of blonde hair
not belonging to the victim--point to someone other than Mr. Cherrix.
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