Owen Barber shot Daniel Petrole to death in Bristow, Virginia on March 15, 2001. Barber was convicted of murder and got a sentence of 60 years. In 2002, Justin Wolfe was sent to Virginia’s death row for paying Barber to kill Petrole. But did he?
Federal courts have examined Wolfe’s murder-for-hire conviction and thrown it out, with unusually strong words for Virginia officials:
“The Court finds these actions not only unconstitutional in regards to due process, but abhorrent to the judicial process.”
The problems?
- It was police who suggested to Owen Barber, while threatening him with the death penalty, that he name Justin Wolfe.
- After these capital punishment threats, Owen Barber did say that Wolfe hired him for the killing, but then recanted afterwards.
- Barber’s testimony was the only direct evidence linking Wolfe to the crime.
- The prosecution “knowingly presented false testimony by Barber.”
- The police report that included the death penalty threats and suggestions to name Wolfe was never turned over to Wolfe’s defense.