In Re: Mario Russell Pierce

Upon a Petition for a Writ of Actual Innocence

Mario Russell Pierce petitions this Court for a Writ of Actual Innocence pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia. He contends he is innocent of rape and taking indecent liberties with a child, of which he was convicted in the Circuit Court of the City of Hampton on September 22,1999.

Pierce maintains evidence proving his innocence would have been contained within a Physical Evidence Recovery Kit (PERK) performed upon the victim by a forensic nurse. During proceedings pursuant to Code § 19.2-327.1 for biological testing of the…