Northrop’s story starts in early 1993. While he was playing pool with friends in a tavern, detectives entered and arrested him on a bench warrant for failure to appear at a hearing on a suspended license, later questioning him about the rape of a housecleaner, who was attacked by two men in La Center while she was alone cleaning a house.
The woman was blindfolded and caught a glimpse of one of the perpetrators. Police later had her produce a composite sketch of that person, which was ultimately posted around town. Someone thought the sketch looked like Northrop and alerted authorities. His friend Larry Davis has blond hair, a detail noted by the victim, who also thought he looked familiar in a photo montage provided by police. Though she didn’t initially identify Northrop in a photo laydown, she later picked him out in a live lineup.
Northrop and Davis went to trial that same year and were both convicted of burglary in the first degree, rape in the first degree and kidnapping in the first degree; Northrop was sentenced to 23 years, Davis 20 years.
“I was in a state of shock,” Northrop said. “I couldn’t believe it.”
The measure that Washington lawmakers are considering this year would allow people who were wrongfully convicted to file a claim for damages against the state in superior court. Someone would have to show their conviction was reversed or vacated based on significant evidence of actual innocence. Once a judge or jury determines the claim is valid the court can award damages.
Currently, the only option someone has is to sue, but they are required to sue on some basis other than the fact that they were wrongfully convicted, such as police or prosecutorial misconduct. Davis and Northrop are currently in the midst of litigation against Clark County, though if this bill passes, under the requirements they can’t collect under both.
The measure has already passed the House and a policy committee in the Senate and now awaits action before a Senate fiscal committee.
If the bill is passed, Washington would join 27 states, the District of Columbia and the federal government with similar laws. It would be retroactive, though as of now, only four individuals are known to qualify, including Northrop and Davis.
Under the bill, compensation would be similar to the amounts paid by the federal government — a wrongly convicted person would receive $50,000 for each year of imprisonment, including time spent awaiting trial. An additional $50,000 would be awarded for each year on death row. A person would receive $25,000 for each year on parole, community custody, or as a registered sex offender.
The state also would pay all child support owed while the claimant was in custody, and reimburse all court and attorneys’ fees up to $75,000. In addition, in-state college tuition waivers would be provided for the claimant and the claimant’s children and/or step-children.
Northrop, whose youngest of three children was 2 when he went to prison, owed more than $100,000 in child support when he was released.
Northrop and Davis would likely not be free today if not for the work of the Innocence Project Northwest at the University of Washington’s Law School. The group was founded in 1997, and since then, seven men and one woman represented by the lawyers there have been exonerated, including Northrop and Davis, who became clients in 2002.
After a long battle to get DNA testing in their case, the results, completed in April 2010, excluded both Northrop and Davis. Their convictions were overturned and Northrop was released from prison. Davis had already served his full sentence — cut short under a previously established early release date. They were exonerated in July of that same year when prosecutors decided not to re-file charges.
In her order vacating the convictions, Clark County Judge Diane Woolard wrote that based on the new evidence, it was “reasonable to presume that a new jury would more likely than not conclude that neither Mr. Davis nor Mr. Northrop perpetrated this crime.”
One of the people who always joins Northrop or Davis at the public hearings is Lara Zarowsky, the policy director for the Innocence Project Northwest. She sits next to them while they testify and accompanies them as they talk to lawmakers.
“To me, the most rewarding part is also the biggest responsibility, and that’s helping these individuals have hope,” she said.
“I want us to do the right thing,” she said.
The victim has never spoken publicly about the crime or about the exoneration of Davis and Northrop. Zarowsky said that, to her knowledge, she has not recanted her identification. Clark County prosecutors involved in the case said she won’t talk to the media.
Chief Deputy Prosecutor John Fairgrieve said in an email that a prosecuting attorney’s office decision “to dismiss a case as a result of insufficient evidence is not a determination that the defendant is actually innocent.”
Fairgrieve said determining innocence is not the role of a prosecuting attorney, and “in summary, we do not concede that Larry Davis and Alan Northrop are actually innocent.”
But he noted that his office supports the concept of compensating the wrongfully convicted. The Washington Association of Prosecuting Attorneys testified before the Legislature in support of the measure.
Tom McBride, the group’s executive secretary, noted that between 35,000 and 40,000 felony cases are handled a year in Washington.