About 35 former prosecutors, law enforcement officers and judges are calling on the state of Virginia to drop its appeals case to have a capital murder conviction against Justin Michael Wolfe reinstated, according to a Virginia Lawyer's Weekly blog post.
Wolfe, of Chantilly, has been on death row since 2002 after he was convicted and sentenced in Prince William County for ordering the murder of his marijuana dealer, Daniel Robert Petrole Jr. at his home in Bristow, Va. The prosecution's key witness, triggerman Owen Merton Barber lV testified against Wolfe at trial, but told the Eastern District Court of Virginia in November 2010 .
U.S. District Court Judge Raymond A. Jackson , including the murder-for-hire charge, in July of 2011 on the grounds that that would have been favorable to Wolfe's defense.
The state is appealing the ruling to the 4th Circuit Court of Appeals to have the conviction and death sentence against Wolfe reinstated. A hearing is set for May 17.
But a recent friend-of-the-court brief (amici brief) published by a group of former officials says prosecutors suppressed evidence that would have impeached Barber's testimony in court, including an original testimony by Barber in which he admitted to investigating officers that he acted alone and that police presented him with an informal deal to avoid the death penalty by testifying against Wolfe.
Yes, he is still in jail. An appeal and potential re-trial are anticipated. Commonwealth’s Attorney Paul Ebert has told other media outlets that he likely would put Wolfe on trial again. There is a hearing on May 17 so we will have an update then, if not sooner. Thanks.
"Longtime Culpeper County Commonwealth’s Attorney Gary L. Close has resigned his post effective today amid a growing public storm surrounding a federal judge’s recent reversal of his 2001 capital murder conviction against Michael Wayne Hash. In a letter hand-delivered Monday to the Star-Exponent, Close, 55, said his office is larger than any one man, and that because of the controversy, “I am now a distraction to the very important business of law enforcement in Culpeper County.” http://www2.starexponent.com/news/2012/mar/13/amid-growing-hash-controversy-close-resigns-ar-1760891/
Ebert told the judge at the triggerman's (Barber) sentencing that Wolfe very likely would not have been convicted without Barber’s testimony. But Barber – who has perjured himself at some point in the case by affirming contradicting stories – probably would not be considered a credible witness. The judge wrote in his decision to vacate the charges against Wolfe that, "The commonwealth cannot be entitled to benefit from their deliberate ignorance of and/or reckless disregard for the falsities in Barber’s testimony.” Looks like the prosecution will have to approach the case differently should they win a retrial, considering their key witness is no longer credible. One would ask, does the state even have a case?
Even if the state manages to conjure up another case against Wolfe, what good is it if it's argued by the same Prosecutor? The District Court found that Ebert "lacked credibility" i.e., he lied on a matter of fact. If Ebert is so certain of Wolfe's guilt then he should resign, so that a new prosecutor can review the case and proceed with the re-trial, barring that, a re-trial will see a good defense attorney put Ebert and the detectives on trial rather than Wolfe. Come to think of it, given that Ebert not only lied but then seeked the death penalty, a good prosecutor might put Ebert and the detectives on trial rather than Wolfe.
Playing offense is sometimes the best defense, especially if one doesn't have a defense to put on the field. Any way you look at it the taxpayer is going to be paying for this. Everything now is posturing to try to influence what exactly the costs will be in monetary terms and the integrity of our justice system.