Deliberate ignorance

Harshly criticizing Prince William County prosecutors, a federal judge overturned a drug dealer's murder-for-hire conviction and death sentence on Tuesday. Justin Michael Wolfe, 29, was convicted of paying for the death of his marijuana supplier in 2001 in a case that exposed a drug distribution ring in wealthy northern Virginia suburbs.

U.S. District Judge Raymond A. Jackson of Norfolk ruled that Wolfe was wrongfully convicted in the shooting death of 21-year-old Daniel Petrole Jr. Wolfe admitted his involvement in the distribution ring, but claimed that the shooter, Owen Barber IV, had acted alone in Petrole's death.

Barber was the key witness for the prosecution in the 2002 trial, claiming that his high school friend, Wolfe, set up a murder-for-hire scheme to get out of debts he owed Petrole. Prosecutors allowed Barber to plead guilty to first degree murder and testify against Wolfe in exchange for a life sentence. Barber recanted his testimony in 2005, only to change his mind again five months later and claim that his trial testimony was truthful. But in November 2010, Barber told the East District Court of Virginia that Wolfe was not involved.

Barber's former roommate and former cellmate filed sworn statements saying that Barber admitted to acting alone in Petrole's death.

In his ruling, Jackson said that the state's use of Barber's false testimony was grounds for vacating the conviction and sentence, writing that Commonwealth's Attorney Paul B. Ebert and his assistant, Richard A. Conway, were aware of Barber's false testimony during the trial. "They had prior knowledge of falsities in Barber's testimony, yet never pursued or investigated the information," Jackson wrote. "In light of the Commonwealth's conduct, the Commonwealth cannot be entitled to benefit from their deliberate ignorance and/or reckless disregard for the falsities in Barber's testimony."

Jackson went on to criticize prosecutors for withholding critical information from Wolfe's attorneys. According to the ruling, prosecutors suppressed several pieces of evidence including recorded witness interviews and a "gentleman's agreement" not to press charges against a witness in exchange for information. Some of the suppressed evidence indicated that other members of the drug ring may have wanted to kill Petrole.

"The Court finds these actions not only unconstitutional in regards to due process, but abhorrent to the judicial process," wrote Jackson in the 56-page opinion. Wolfe has spent more than nine years on death row.

"We're gratified by the district court's thorough and thoughtful opinion," said Brian Meiners, an attorney for Wolfe in Washington, D.C. "We're hopeful the state will accept this determination and move on."

Meiners said that Wolfe has been informed of the court's decision. "He was very happy and is naturally curious as to what is going to happen next with this case."

Wolfe's mother, Terri Steinberg, said that she was frightened that an appeal by the state could extend the case for several more years. "We can't really enjoy this until we know for sure that it's over," she said. "Today, we're just trying to enjoy the victory and be glad that somebody finally listened."

Wolfe has been convicted of three drug-related crimes and will likely continue serving time in prison, although he could be removed from death row. According to trial testimony, Wolfe was making more than $10,000 per month selling high-end marijuana that he bought from Petrole. At the time of the killing, Wolfe owed Petrole around $60,000. On March 15, 2001, after Petrole made a delivery to Wolfe, Barber followed Petrole to his home and shot him 10 times as he sat in his car. At the time of the trial, Barber claimed that in exchange for the killing, Wolfe forgave a $3,000 debt, gave him five pounds of marijuana, and promised him an additional payment of $10,000.

In his 2010 affidavit, Barber took full responsibility for the killing, saying that he had planned to confront Petrole, but thought the drug dealer was reaching for a gun. He admitted to lying under oath to avoid the death penalty.

Ebert is considered one of Virginia's top prosecutors, gaining national recognition for his successful prosecution of Beltway sniper John Allen Muhammad. According to The Washington Post, Ebert has put more defendants on death row than anyone else in the state.

"It's very upsetting," Ebert told the Post. "It offends me to have anyone say that about me or my office."

Ebert said that he believes the state will appeal the judge's ruling, and even if the ruling is upheld, he would likely prosecute Wolfe again in a new trial.

Barber was sentenced to 38 years in prison in 2002 for the killing. University of Virginia law students in UVa's Innocence Project Clinic worked with Wolfe's attorney to see the conviction overturned.

The Associated Press contributed to this report.

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