Overview of Wrongful Conviction #551 — Lauren Bright Pacheco with Marvin Grimm Jr.
This episode recounts the wrongful conviction, decades-long imprisonment, eventual parole and ultimate exoneration of Marvin Grimm Jr., a Richmond, Virginia man convicted in 1976 for the death of a 3-year-old boy found in the James River. Hosts and guests (including Grimm and his Arnold & Porter attorney Angelique Saliberti) examine coercive interrogation tactics, flawed forensic work (notably hair microscopy and serology), legal and procedural barriers that delayed relief for decades, and the modern DNA testing and advocacy that led to Grimm’s exoneration in 2023. Content warnings: discussion of sexual assault and suicidal ideation.
Case summary — what happened
- November 22, 1975: A Richmond mother reported her 3-year-old son missing from a wooded area behind an apartment complex. Marvin Grimm lived across the hall from the family.
- Four days later the child’s body was found in shallow water in the James River about nine miles away. A medical examiner reported a white gelatinous substance in the boy’s throat and concluded asphyxiation related to sexual assault.
- Police focused on Marvin (a neighbor who had previously had minor disputes with the family). After extended, unrecorded questioning (nearly 10 hours) while sleep-deprived and suffering from anxiety/PTSD, Grimm gave a confession that matched details the officers had supplied.
- March 1976: Grimm pleaded guilty after counsel advised a plea to avoid the death penalty (which, as discussed in the episode, would not have been applicable to this charge). He was convicted and spent nearly 45 years incarcerated.
- November 2020: Grimm was paroled (after multiple parole hearings).
- April 2023: After reinvestigation, modern DNA testing, and legal advocacy by the Innocence Project, Arnold & Porter, and others — plus a supportive reinvestigation by the Virginia Attorney General’s office — Grimm was granted a writ of actual innocence by the Virginia Court of Appeals.
Key pieces of evidence, and why they were later discredited
- Throat swabs: 1975/76 testing was reported to show “sperm” (supporting sexual assault theory). Modern testing by three independent labs found no sperm; epithelial DNA on the swabs matched the child, not Grimm. Experts concluded the throat substance was likely phlegm, not semen.
- Towels from Grimm’s car: Initially reported to contain ejaculate. Modern testing found no sperm on the towel.
- Hairs: Mary Jane Burton (forensic examiner) testified that hairs from Grimm’s car/peacoat matched the victim. Later DNA testing of hairs excluded the boy and showed the hairs belonged to multiple people (some female), illustrating how hair microscopy is unreliable junk science.
- Toxicology: The boy had high levels of alcohol and chlorzoxazone (a muscle relaxant). Toxicology experts argued it would have taken 90–150 minutes to reach the blood-alcohol levels found — longer than the ~75 minutes Grimm would have had, making the alleged timeline impossible.
- Shoe/soil test: Soil on Grimm’s shoe did not match the riverbank where the body was found.
- Physical improbability: Grimm’s alleged description of throwing the body a long distance into the river contradicted the way the body was found (arms crossed), making his confession inconsistent with physical evidence.
False confession — coercion and red flags
- Interrogation environment: Grimm was interrogated for about 10 hours while exhausted, anxious, and suffering PTSD from prior service trauma. The room was small and he was surrounded by multiple officers; much of the interrogation was unrecorded.
- Threats and misstatements: Officers allegedly threatened Grimm with the death penalty and yelled, escalating his panic. He had documented panic attacks and was on psychotropic medication in jail and had attempted suicide while incarcerated.
- Leading and suggestive questioning: In Grimm’s account, interrogators supplied details (e.g., describing sexual acts) that he then parroted, a classic indicator of a coerced or contaminated confession.
- Poor counsel: Grimm’s court-appointed attorney did not challenge forensic assertions, did not adequately pursue exculpatory leads or testing, and advised Grimm to plead guilty to avoid a (misstated) death-penalty risk.
Legal and procedural barriers that delayed relief
- At the time, Virginia law largely prevented those who had pleaded guilty from pursuing a writ of actual innocence; this barrier was not removed until 2020.
- Virginia statutes and practice limited post-conviction access to DNA testing; a law allowing DNA testing procedures came only in 2001, and until 2021 Virginia preferred testing by the state lab only (changed in 2021 to permit private labs).
- Grimm repeatedly sought testing and relief over decades. Earlier DNA testing either excluded him or was inconclusive, but procedural and timing rules repeatedly blocked relief.
- Advocacy and new laws: Legislative changes (2020, 2021) plus work by the Innocence Project, Arnold & Porter, UVA Law, and a reinvestigation by the Virginia Attorney General’s office were pivotal to getting the evidence retested and Grimm’s case reexamined.
Outcome and aftermath
- Parole: After persistent petitioning, Grimm was paroled in November 2020 (after 44 years, 11 months incarcerated).
- Exoneration: In April 2023 the Virginia Court of Appeals granted a writ of actual innocence based on cumulative modern testing and reinvestigation (no sperm, hairs excluded the victim, toxicology timeline impossible, soil mismatch, confession inconsistencies).
- Compensation: Grimm eventually received compensation (details not the focus), but he emphasizes time lost cannot be replaced: “I’d rather have the time back than the money.”
- Public attention: The case was part of broader scrutiny of one forensic examiner (Mary Jane Burton) covered in a podcast called Admissible; a whistleblower also surfaced, prompting reinvestigation.
Notable quotes and moments
- From Grimm: “They told me... if we convict you we going to give you the death penalty” — a threat he says coerced his plea.
- Grimm on release and freedom: “I can do anything I want to now, except break the law.”
- On loss: “They should take the money to build the time machine and take me back the day before I was arrested and leave me the hell alone.”
Broader themes and takeaways
- False confessions can — and do — happen, especially where prolonged interrogation, sleep deprivation, psychological vulnerability, and threats are present.
- Forensic “science” can be unreliable: hair microscopy and unvalidated serology previously used to corroborate confessions are now widely criticized.
- Inadequate defense and systemic rules (limits on post-conviction testing, procedural bars for guilty pleas) can trap innocent people for decades.
- Legal reform matters: statutory changes allowing post-conviction actual-innocence petitions and broader access to modern DNA testing were crucial in Grimm’s exoneration.
- Accountability and prevention: Grimm and his attorneys call for public examination of investigative and forensic culture and better awareness of wrongful convictions to prevent future tragedies.
Recommended actions (for listeners who want to help)
- Support organizations that work on wrongful convictions and exoneree reentry (e.g., Innocence Project, After Innocence).
- Advocate for reforms: mandatory recording of interrogations, limits on coercive tactics, elimination of discredited forensic methods in courtrooms, robust post-conviction testing rights, and better funding for public defense.
- Educate others: spread awareness about how false confessions and junk forensic science contribute to wrongful convictions.
Quick timeline
- Nov 22, 1975 — Child reported missing; Grimm becomes a person of interest.
- ~4 days later — Body recovered from James River; forensic conclusions point to sexual assault/asphyxiation.
- 1976 — Grimm is interrogated, pleads guilty, is convicted.
- 2001 onward — Legal avenues for DNA testing expand, but procedural barriers persist.
- Nov 2020 — Grimm paroled after nearly 45 years in custody.
- Apr 2023 — Virginia Court of Appeals grants writ of actual innocence; Grimm exonerated.
This episode highlights how flawed forensics, coercive interrogation, poor defense, and restrictive laws can combine to produce wrongful convictions — and how sustained legal advocacy, reinvestigation, and advances in DNA testing can eventually correct those injustices.