Efforts to exonerate two men once acquitted of killing a Waverly police officer but still sentenced to life in prison hit a setback Tuesday, as the Virginia Court of Appeals denied an innocence petition filed by Terence Richardson, one of the men known as the “Waverly Two.”

Richardson, who was arrested and charged in 1998 alongside Ferrone Claiborne in the killing of Officer Allen Gibson. Richardson and Claiborne pleaded guilty to lesser charges at their attorney’s recommendation to avoid the death penalty.

After being sentenced in state court, the two faced a federal trial in 2001. They were acquitted of the murder but received life sentences for related drug charges and their earlier state pleas.

Richardson and Claiborne were released from prison in March and April after decades behind bars and years of work to prove their innocence, aided by New York attorney Jarrett Adams. Their sentences were commuted by President Joe Biden.

The judges cited Richardson’s guilty plea in denying the petition, pointing to arguments from his federal sentencing that it amounted to a confession.

The judges also rejected the three claims and associated evidence included in Richardson’s petition.

“For all of the foregoing reasons, because Richardson’s petition for a writ of actual innocence simply does not satisfy the requirements of the actual innocence statute, this Court cannot grant him the relief he has requested,” Judges Beales, O’Brien and Fulton wrote in their order.

“Consequently, we hold that Richardson is clearly not entitled to the writ, and we dismiss his petition.”

The Court of Appeals had previously rejected Richardson’s request for an evidentiary hearing, but the Virginia Supreme Court later ordered the hearing after arguments from Adams.

Reached for comment, Adams said an appeal is in the works but declined to provide further details.

“This decision gives authorities a free pass to hide evidence from defendants,” Adams said of the denial.