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Justin Wolfe seeks new trial
A Feb. 4 federal court order could lead to a new trial for death row inmate Justin Michael Wolfe, 28, who was convicted in 2002 of ordering the murder of Bristow resident Daniel Robert Petrole Jr. a year earlier. Wolfe, a 1999 Chantilly High School graduate, consistently has maintained his innocence.A Prince William County jury convicted Wolfe primarily on the words of another former Chantilly student, Owen Merton Barber IV, who in December 2005 recanted his claim that Wolfe ordered the murder.
That recantation -- made in the form of a 13-page signed affidavit -- brought with it a potential new prosecution for the murder as well as perjury. Barber, who has told multiple versions of the events of that night, has since reverted to his trial testimony that Wolfe ordered the murder.
The latest order from U.S. Eastern District Court of Virginia for an evidentiary hearing clears the way for considerable evidence not yet presented in court. That includes evidence the defense believes was withheld that could have benefited Wolfe, namely recordings of the interviews with witnesses. However, it seems to place great importance on Barber’s 2005 affidavit.
“It sounds good,” said Wolfe, who responded briefly to questions earlier this month, regarding the importance placed on that affidavit. “That’s what I’ve been waiting for. I thought I was ought of here five years ago when Owen [Barber] confessed.”
Wolfe’s defense team called the order favorable, but was not ready to disclose their strategy for the as-yet-unscheduled hearing.
“We certainly view the order as a positive development because it marks a first step toward getting a new trial for Justin,” said Brian Meiners, among the attorneys at the King & Spalding law firm who are representing Wolfe pro bono, along with D.C. attorney Michele Brace.
The recent court ruling states that Barber’s 2005 affidavit carries more credibility than his other post-trial assertions that Wolfe was involved. Contrary to the prosecution's assertion that the affidavit was obtained through coercion, the order, signed by District Judge Raymond A. Jackson, reads:
“Unlike most recantations, Barber does not escape liability or improve his own situation by his recantation; rather, it is decidedly against his interest as he would face additional punishment. The 2006 and 2009 rescission statements, on the other hand, only further Barber’s interest by removing the possibility of that additional punishment. “
Jon Sheldon, a defense attorney who formerly represented Wolfe, said the latest order is very good news for Wolfe.
“What the court finally recognized is that Owen Barber had no incentive to give that affidavit,” Sheldon said. “I’m very hopeful for Justin.”
No one, including the triggerman, denies that Barber gunned down Petrole after stalking him for more than an hour.
As Petrole, a community college student who had graduated from Centreville High School, parked his car in front of his newly purchased townhouse in the Braemar community, Barber walked up to the passenger side of Petrole’s car and unloaded his weapon.
Petrole’s murder uncovered a massive drug ring that supplied a large segment of the Northern Virginia region with high-grade marijuana allegedly from Washington state. Petrole sat atop the regional ring, supplying Wolfe and many others with multiple pounds of marijuana on a regular basis.
Police found nearly 50 pounds of marijuana, more than $130,000 in cash, a large quantity of Ecstasy pills, several weapons and soft body armor, along with musical and DJ equipment. They also found a list of people who owed Petrole money, including Wolfe.
Wolfe has maintained his innocence from the beginning. He briefly fled the area after Petrole’s murder, later claiming he was scared of receiving drug charges as police investigated the murder. Wolfe soon turned himself in to police, believing hoping to persuade prosecutors that he had nothing to do with the murder.
In that 2005 affidavit, Barber states: “Justin [Wolfe] had nothing to do with the killing of Daniel Petrole. There was no agreement between Justin and me to kill Danny Petrole. I did not have any discussion, at any time, with Justin about killing Danny Petrole. I lied and implicated Justin because I felt I had no choice.”
Barber also details in the affidavit that pressure was put on him by prosecutors and his own defense attorney to testify against Wolfe or face a possible death sentence.
If the district court rules in favor of Wolfe on any of the legal issues, it could result in the vacation of either his death sentence or the entire murder-for-hire conviction.
Regardless of the ruling, the losing side may appeal the decision to the 4th Circuit and that decision may be appealed to the U.S. Supreme Court. If the court system vacates the conviction and it holds through the appeals process, the state would have the opportunity to retry Wolfe.
The Prince William Commonwealth’s Attorney’s office, which won Wolfe initial conviction, did not respond to inquiries about the case.
Dusty Smith is a freelance journalist and former Times Community reporter who has covered Wolfe’s case in depth.
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