- Greenpeace video warns that climate change is wrecking Santa’s home
- Herman Cain profiled in ‘Political Power’ comic book
- Hagel renews Qatar defense pact despite differences over Iran, Syria
- Fire departments fear Obamacare will gut volunteer ranks
- Rep. Alan Grayson loses $18M in stock scheme
- Christmas secularists get 6-foot beer-can Festivus pole at Florida Statehouse
- George Zimmerman’s girlfriend flips on assault: Let ‘my boyfriend’ go
- Lululemon Athletica chairman quits after firestorm over his fat-thighs comment
- CBS’ beleaguered Lara Logan gets a cheerleader — Dan Rather
- Jesus tops list as most significant figure in history; Mohammed at 4th
Wolfe’s lawyers seek to bar Va. from retrying case
A former death row inmate in Virginia whose conviction was overturned on accusations of misconduct by prosecutors is petitioning a judge for his immediate release.
Lawyers for Justin Wolfe filed the motion Friday in U.S. District Court in Norfolk. They argue that Virginia prosecutors have waited too long to retry Mr. Wolfe on charges that he orchestrated a murder for hire as part of his drug-dealing enterprise.
Mr. Wolfe was convicted in 2002 and sent to death row. But a federal judge overturned the conviction, ruling that Prince William County prosecutors hid evidence that would have undermined their case.
Mr. Wolfe’s retrial is currently scheduled to begin in January.
The motion puts the case in front of U.S. District Judge Raymond Jackson for the first time since state prosecutors decided to retry it.
Paul Ebert, the Prince William County Commonwealth’s Attorney who first tried Mr. Wolfe, recused himself from the case and had himself replaced with Fairfax County Commonwealth’s Attorney Ray Morrogh, who quickly decided that Mr. Wolfe should be retried on capital murder charges. Mr. Morrogh said in open court shortly after taking the case that “Wolfe was absolutely involved in this murder and planned it and caused it to occur and he did it out of greed. … Justin Wolfe is many things but innocent is not one of them.”
Mr. Morrogh’s decision disappointed Mr. Wolfe’s supporters, who felt that Mr. Morrogh ignored the findings of Judge Jackson that cast serious doubt on the case against Mr. Wolfe. They tried unsuccessfully to get Mr. Morrogh removed from the case.
Mr. Jackson vacated Mr. Wolfe’s conviction after determining that Mr. Ebert – Virginia’s longest-serving prosecutor who has put more men on Virginia’s death row than any other commonwealth’s attorney – withheld evidence that would have discredited their key witness, triggerman Owen Barber IV. Mr. Barber recanted his testimony implicating Mr. Wolfe at a hearing held in front of Judge Jackson.
In his most recent court appearance, Mr. Barber declined to offer any testimony, invoking his Fifth Amendment right against self-incrimination.
A hearing date on Mr. Wolfe’s motion has not yet been scheduled.
By Tom Fitton
New photos confirm the attack's coordination and its cover-up
- American bourbon now better than Scottish whiskey: U.K.-born expert
- FITTON: A closer look at the Benghazi lie
- Chinese man fed up with his girlfriend's shopping jumps to his death
- Nevada rescuers frenzied to find 4 kids, 2 adults lost in snow
- Troops forced to rely on welfare, holiday charity
- Israeli P.M. Benjamin Netanyahu backs out of Nelson Mandela funeral
- Obama eulogizes Mandela, calls him 'the last great liberator'
- Obama shakes hands with Cuba's Raul Castro at Nelson Mandela's funeral
- EDITORIAL: Colorado ruling takes the cake
- Obama lied about Syrian chemical attack, 'cherry-picked' intelligence: report
Independent voices from the The Washington Times Communities
The cold hard truth about politics in America today and the state of this once great nation.
The world impacts us. What happens in our towns, cities, states, country and on this planet makes a difference to us.
Find the latest news and happening that effect those in the Washington D.C., Northern Virginia and Maryland Metro region.
Politics, economics, and business from a real world perspective.
White House pets gone wild!
Let it snow