"Virginia is preparing to send letters to about 400 felons convicted in the 1970s and 1980s notifying them that genetic evidence in their cases has been reviewed, including eight cases in which defendants' DNA did not match crime samples.

The Virginia Forensic Science Board voted yesterday to send letters explaining that evidence in their cases, some decades-old, has been retested using DNA technology that was not available at the time of conviction. No determination has been made about whether any of the felons are innocent, and the letter will explain that they can seek further information about the test results.

The board's 13 members were split in their decision, however, with some arguing that the letters could languish at old addresses or that recipients might be confused by the content. About 200 Virginia lawyers had volunteered to track down the felons, but the board rejected the offer because of concerns about safety and privacy.

The notifications mark the latest step in an unprecedented review of criminal files from the 1970s and 1980s that was launched by then-Gov. Mark R. Warner (D) in 2005 after a more limited analysis of old evidence led to the exoneration of five men.

"We may as well just throw all these letters up into the wind," said Steven D. Benjamin, a board member and Richmond defense attorney. He said some felons might not be able to read well enough to understand the letter. Others might be suspicious of a letter coming from the government. A lawyer hand-delivering a letter would be able to offer guidance.

"I don't think there's any doubt in anyone's mind that we have a moral and statutory duty to notify people that evidence exists that could prove their innocence," Benjamin said. "By choosing to use the mail we are selecting the least reliable method of notification."

Board Chairman Joseph P. Bono, a retired Secret Service laboratory director, said the state will send both a certified letter and a regular-mail letter. He said recipients will have to sign for the letters, so there will be a record of delivery. If the felons can't be tracked down, he said, the state will take additional steps to find them.

"I think it's a first step," Bono said. "I think it will work in many, many of the cases. In those cases where it doesn't work, then we can explore another option."

Bono said the Mid-Atlantic Innocence Project, which assists people who say they were wrongly convicted, has agreed to be listed on the letter as a resource for the felons to contact.

The state crime lab began the project by combing though about a half-million old files of investigations into violent crimes, such as rapes and murders, to see whether bits of blood-stained cloth, hairs or other genetic material had been preserved. Nearly 800 cases have been sent to a private Northern Virginia DNA laboratory for analysis, and the laboratory has completed work on about half.

Evidence has been recovered in about 150 additional cases, said Tom Gasparoli, a spokesman for the Department of Forensic Science. That evidence will be sent to the laboratory once it has been determined that a suspect was convicted in a case, he said.

This year, the General Assembly directed state agencies to notify the felons that the evidence had been tested. The department will send letters in the first 400 cases as soon as possible and will inform other felons as additional analysis is completed, Gasparoli said.

Gasparoli said the department has informed commonwealth's attorneys and law enforcement agencies about the test results in the eight cases in which the felons' DNA did not match the crime evidence. He said that the felons have not been notified but that letters will be sent to them.

Del. David B. Albo (R-Fairfax), who pushed the measure in the legislature, said he is convinced "99 percent" of the people are guilty but is frustrated that the notification process has been so long in coming.

"Science has advanced, and now there is other information available, so let's let them know about it," Albo said. He said the effort is worthwhile, "if there is even one person who is innocent."" (Maria Glod, The Washington Post, August 7, 2008)