WAVERLY, Va. — Editor's Note: The above video is from Nov. 2021, when then-Attorney General Mark Herring showed support for the Waverly Two.
There's been a setback for two men trying to prove their innocence in the killing of a Waverly police officer nearly 25 years ago.
Terrence Richardson and Ferrone Claiborne pleaded guilty to killing Officer Allen Gibson in 1998, but their attorney claims they only made that plea to avoid the death penalty.
Drug charges were later added to make it a federal case. Both men were eventually acquitted of Gibson's murder by a federal jury, but they were convicted on the drug charges. That should have been a 10-year sentence but a judge -- citing another case -- sentenced the pair to life in prison.
Both men say they have nothing to do with the death of Officer Gibson.
Fast forward to last November of 2021. A petition is filed in the Virginia Court of Appeals to overturn their state convictions and release both men. Then-Virginia Attorney General Mark Herring filed a motion in support.
But current Attorney General Jason Miyares pulled that support postponing writ of innocence hearings for both men.
"I had no idea that this office would come in and in less than 30, 45 days of ever having any knowledge of this case in-depth, they're able to take a position? That is both irresponsible and it's dangerous," said attorney Jarrett Adams, who is representing Claiborne and Richardson.
Miyares' office says they reviewed the case and there are a number of factors that don't support their petition of innocence.