June 20, 2013

Judge orders release of Va. man whose death sentence was overturned

BY: NAOMI JAGODA DECEMBER 27, 2012 | 10:51 AM
Leave a comment

A federal judge has ruled that a man whose Prince William County murder-for-hire conviction was overturned should be released and not retried.

Justin Michael Wolfe had been convicted of capital murder in the 2001 slaying of his marijuana supplier and had been sentenced to death.

But in July 2011, a federal judge in Norfolk vacated the conviction and death sentence, ruling that Wolfe was denied his due-process rights when prosecutors withheld information from his lawyers and that prosecutors had used false testimony from a key witness.

In Wednesday's ruling, Judge Raymond Jackson wrote that Wolfe needed to be released because the ruling last year mandated that Wolfe be provided a new trial within 120 days or be set free.

Jackson also barred the government from retrying Wolfe. After Wolfe's conviction was overturned, the original prosecutors in the case had intimidated the key witness in the case who had implicated Wolfe in his original trial but later recanted. Because of the prosecutors' actions, that witness invoked his right to self-incrimination and would not testify in Wolfe's defense in a future trial.

A special prosecutor in the case told the Washington Post that the state plans to appeal Wednesday's ruling.

njagoda@washingtonexaminer.com

View article comments Leave a comment
Author:

Naomi Jagoda

Staff reporter
The Washington Examiner

More from washingtonexaminer.com

From the Weekly Standard

  • June 17, 1953

    Today, speaking at the Brandenburg Gate, President Obama paid appropriate tribute to the brave East Germans who rebelled 60 years ago against Communist dictatorship:

    Read More...
  • Problems of the Second Generation

    The Boston Marathon bombings highlighted, once again, the challenges of assimilating Muslim youth. And while the onus of accountability ought not rest exclusively on Muslim Americans, it...

    Read More...
  • Release Osama Bin Laden’s Files on Taliban

    The Obama administration announced on Tuesday that it was moving forward with its attempt to negotiate with the Taliban, which has opened a long-awaited political office in Doha, Qatar. The...

    Read More...