Thursday, May 23, 2013
In court documents, a federal judge argued that Prince William County prosecutors had "tainted" the capital murder case by intimidating a key witness: the triggerman.
Prince William County prosecutors culminated a pattern of "continued misconduct" by threatening Owen Merton Barber IV—the triggerman in the 2001 murder of Daniel Petrole Jr.—after Barber testified that a former death row inmate was not involved in the crime, a federal judge wrote in an opinion issued Wednesday. Judge Stephanie D. Thacker cast the dissenting vote Wednesday, as the U.S. Court of Appeals voted 2-1 to allow the Commonwealth of Virginia to retry Justin Wolfe, of Chantilly, on capital murder charges. Wolfe was previously convicted of ordering Petrole's murder, but his conviction was vacated after another federal court found that prosecutors suppressed evidence. The two appeals court judges wrote that they were "confident that …
Misconduct by prosecutors was not reason enough to prevent the retrial of a capital murder case, a federal appeals court ruled Wednesday.
A federal appeals court in Virginia ruled Wednesday that misconduct by Prince William County prosecutors should not prevent the Commonwealth of Virginia from retrying Justin Michael Wolfe for the 2001 murder of his drug dealer, Daniel Robert Petrole Jr., of Centreville. Wolfe was first convicted of ordering the murder due in large part to testimony from the triggerman, Owen Merton Barber IV—who has since recanted his story. Saying that prosecutors had suppressed evidence, a lower federal court ordered Wolfe's release last year—but the appeals court ruled Wednesday that this was an "overbroad remedy" and the district court had "abused its discretion" in preventing Wolfe's retrial. "Though we reiterate that a federal habeas court possesses …
Tuesday, January 29, 2013
A federal appeals court heard arguments Monday in Virginia’s appeal of Justin Wolfe’s ordered release.
A federal appeals court heard arguments during a hearing Monday that could determine whether a former death row inmate will be released from prison. While federal appeals judges peppered both the defense and prosecutors with questions, they appeared to focus more on the attorneys for Justin Michael Wolfe. The Virginia Attorney General’s Office appealed an order from a lower federal court calling for Wolfe’s release. The order also barred further prosecution of the Wolfe, who spend nearly a decade on death row before the U.S. Eastern District Court vacated his conviction. Wolfe was convicted in 2002 for ordering the murder of his drug dealer, Daniel Robert Petrole Jr., of Centreville—with the only direct evidence in the trial coming from …
Thursday, January 3, 2013
An appeals court has denied a request to vacate an order for Wolfe's release, but has granted a stay that blocked him from leaving prison.
UPDATE (Thursday, 5:28 p.m.) The U.S. Court of Appeals for the 4th Circuit today denied prosecutors' request to vacate an order for the release of former death row inmate Justin Wolfe—but granted a stay that blocked Wolfe from leaving prison at 5 p.m. Thursday. The court will hear arguments from the state later this month. ----- UPDATE (Thursday, 2:40 p.m.) The U.S. District Court and the U.S. 4th Circuit Court of Appeals have denied the Commonwealth's appeals regarding Justin Wolfe. Without intervention fromm the U.S. Supreme Court, Wolfe is expected to be released at 5 p.m. today (Thursday, Jan. 3). ---- Justin Michael Wolfe, a one-time death row inmate whose conviction related to the murder of Centreville's Daniel Robert Petrole Jr. …
Wednesday, January 2, 2013
Federal courts previously vacated Wolfe's conviction related to the 2001 murder of Daniel Robert Petrole Jr.
A circuit court judge in Prince William County has ordered the release of Justin Michael Wolfe at 5 p.m. Thursday pending a stay from federal courts. Wolfe was sentenced for the 2001 murder of Daniel Robert Petrole Jr., but that conviction was vacated by the federal courts after trigger man Owen Merton Barber IV in November 2010 recanted his 2002 trial testimony that Wolfe ordered the murder. The state has filed an appeal to the U.S. 4th Circuit Court of Appeals as well as a motion to vacate the federal order of Wolfe's release. In addition, special prosecutor Ray Morrogh indicated that if the appeals court denies the request, the state plans to to appeal to the U.S. Supreme Court. Unless the federal courts step in, Wolfe will be released…
Thursday, December 27, 2012
Federal judge: ‘bungled prosecution’ has deprived defendant of his right to a fair trial.
A Christmas Eve ruling by a federal judge could make the re-trial of Justin Michael Wolfe in the March 2001 murder of Daniel Robert Petrole Jr. very difficult if not impossible. U.S. District Court Judge Raymond A. Jackson, who previously vacated Wolfe’s 2002 conviction, has ordered Wolfe’s release and barred the state from using any testimony, past or present, from the man who admittedly killed Petrole. Jackson ruled that Wolfe must be released within 10 days, but the state is able to appeal the decision. Owen Merton Barber IV testified at Wolfe’s 2002 trial that he killed Petrole at Wolfe's request. Prince William County Commonwealth’s Attorney Paul B. Ebert told Barber’s sentencing judge that if not for his testimony Wolfe would not …
Friday, December 14, 2012
A federal judge must first consider whether the state has complied with his previous orders before he decides whether to grant relief to Justin Wolfe.
Attorneys for Justin Michael Wolfe argued during a hearing in federal court Thursday that a Sept. 11, 2012, confrontation between the original Prince William prosecutors and a key witness has so tainted the case that Wolfe cannot get a fair trial related to the March 15, 2001, murder of Daniel Robert Petrole Jr. The same federal court previously vacated Wolfe’s conviction for ordering Petrole’s murder, based in part on admitted triggerman Owen Merton Barber IV’s testimony in November 2010 that Wolfe was not involved. The case was remanded back to Prince William prosecutors, who withdrew from the case a day after hauling Barber into the assistant warden’s office and explaining he could still face capital punishment during a meeting recorded…
Wednesday, December 12, 2012
Prosecutors reportedly threaten triggerman and are ordered to appear Thursday in Norfolk to show cause why Chantilly man should not be released.
A federal judge has ordered Virginia prosecutors to appear in court Thursday to discuss the re-trial of Justin Michael Wolfe and to explain why the original prosecutors are alleged to have pressured the triggerman in the case to testify on their behalf. Wolfe spent nearly a decade on death row before Judge Raymond A. Jackson vacated convictions related to the March 15, 2001 murder of Daniel Robert Petrole Jr. After the U.S. Court of Appeals for the 4th Circuit upheld the decision, the state was given 120 days to re-try or release Wolfe. A trial is set for January in Prince William County Circuit Court, so it’s unclear if the progress toward the trial concerned Jackson, who appeared more concerned about a visit paid by Prince William …
Tuesday, December 11, 2012
Transcripts of witness who recently died can be used, but defendant’s testimony excluded.
In a lengthy pre-trial hearing Tuesday, Judge Mary Grace O’Brien sorted through what would be admissible in the re-trial of Justin Michael Wolfe for the murder of Daniel Robert Petrole Jr. Owen Merton Barber IV testified against Wolfe at trial, but most recently told a federal judge and prosecutors that Wolfe was not involved. That judge threw out Wolfe’s conviction for the murder as well as a drug-distribution conviction. Now a Fairfax County prosecutor has stepped in to re-try Wolfe in the Prince William Circuit Court and the defense has balked at the notion of using testimony from Wolfe’s first trial—where the federal courts found prosecutors intentionally withheld information that could have helped Wolfe’s defense. The more curious …
Wednesday, October 31, 2012
Admitted triggerman in the Justin Wolfe case refuses to testify on fifth amendment grounds, citing "perjury trap."
Subpoenas that would have required the Prince William County Commonwealth's Attorney and others to testify at a hearing for a capital murder case were quashed in court Wednesday morning. Defense attorneys for Justin Michael Wolfe—a Chantilly High graduate who will be retried in January for allegedly ordering the 2001 murder of his drug supplier, Daniel Petrole, Jr., of Centreville—wanted to compel the county's chief prosecutor, Paul Ebert, to speak in court Wednesday about recent conversations with the admitted triggerman in the case. A Prince William County Circuit Court judge denied the motion to have Ebert and Assistant Commonwealth's Attorney Richard Conway testify at the hearing. An attorney for Owen Merton Barber IV, the triggerman…
AileenPaul
7:08 pm on Friday, May 24, 2013
It appears we are no better than the Italians were at prosecuting Amanda Knox. This is just one example of the many injustices in our "justice" system. more ›