Federal court considers Justin Wolfe’s release

The issue of whether or not capital murder defendant Justin Wolfe should be freed from the Prince William County jail was heard by a federal appeals court this week.

The Virginia attorney general’s office is appealing U.S. District Court Judge Raymond Jackson’s Christmas Eve ruling that ordered Wolfe’s release and barred prosecutors from retrying him on charges stemming from the 2001 death of Daniel Petrole, Jr., who was shot outside his townhouse in Bristow.

The U.S. 4th Circuit Court of Appeals in Richmond Monday heard arguments on the case Monday. The court has not yet issued a ruling.

Wolfe was to be released from the Prince William County jail on Jan. 3, to comply with Jackson’s ruling. But the appeals court intervened and stayed the order pending the outcome of the appeal.

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A jury in Prince William Circuit Court in 2002 convicted Wolfe of capital murder and other charges and sentenced him to death. Wolfe appealed and in 2011, Judge Jackson ruled in his favor, citing misconduct by prosecutors in Prince William County.

Jackson vacated the convictions and ordered that Wolfe be retried or released within 120 days.

In part, Jackson said prosecutors withheld evidence about the testimony of their key witness, Owen Barber. Barber admitted to shooting Petrole, and testified that Wolfe hired him to do the shooting.

Barber later recanted his testimony and said Wolfe had nothing to do with the murder.

A special prosecutor, Fairfax County Commonwealth’s Attorney Raymond Morrogh, was appointed in the case and a retrial was set to begin this month.

In his Christmas Eve ruling, Jackson said Wolfe should be released because prosecutors failed to retry Wolfe within 120 days and that they again acted improperly during a jailhouse interview with Barber in September.

In their appeal, prosecutors argue that Jackson does not have the authority to order Wolfe’s release and bar further prosecution of him.