by Mike Frontiero
University News Services
July 21, 2003

A death row inmate has Hans Selvog to thank, in part, for winning a new sentencing hearing.

In late June, the United States Supreme Court ruled 7-2 that attorneys, especially in capital cases, must diligently investigate the background of their clients to find possible mitigating evidence that could sway a jury's or judge's sentencing decisions.

After reviewing extensive social history prepared by Selvog, a Virginia Commonwealth University School of Social Work Ph.D. candidate, the high court threw out the death sentence of Kevin Wiggins, saying that Wiggins' initial trial attorneys failed to investigate mitigating evidence - including horrific accounts of an abusive childhood - that might have resulted in a different sentence.

Wiggins was convicted and sentenced in 1989 in connection with the murder of an elderly woman in her home. His lawyers argued in March that he should not face the death penalty because of inadequate legal representation at his sentencing hearing.

Selvog became involved in the case through the National Center on Institutions and Alternatives in Alexandria, where he has worked since receiving his Master's in Social Work degree from VCU in 1986. He performed an extensive background check on Wiggins and provided the results in a report to his lawyers, who included it in their formal petition to the Supreme Court.

"Doing background research is very lonely and stressful when someone's life is at stake," Selvog said. "That's why the U.S. Supreme Court's decision was so exciting. The biggest thrill was seeing the highest authority in the land endorse how important this work is to our system of justice."

Selvog credits VCU for giving him a solid foundation for advocacy for underprivileged people and he plans to use his Ph.D. to teach and mentor future social workers. His work on the Wiggins case has drawn praise from his professors. "It's outstanding and reflective of his deep commitment to social justice," said Michael Sheridan, Ph.D., Selvog's dissertation chairperson. "This is the kind of work our profession needs to be doing more of."

References to Selvog's work are cited throughout the Supreme Court's 51-page opinion. To view the decision, go to www.supremecourtus.gov/opinions/02pdf/02-311.pdf.