Re: Justin Wolfe
Posted by:
Anony
()
Date: September 19, 2009 01:05PM
Thurston Moore Wrote:
>
> I'm Mister Registered, and You're Mister Anon
> Troll, so STFU.
>
> SO SHUT THE FUCK UP. Or register.
Hey, a man who had his whole life ahead of him was sentenced to death without it being proven BEYOND A REASONABLE DOUBT that he initiated the murder. And the guy I was responding to (anon named "pretty straightforward)came to the conclusion "that he deserves it" after watching a tv clip on the case, taking all the "facts" he saw on the show for granted.
This was not a fair trial. Wolfe had a renowned prosecutor working against him. Hell, he even had the foreman of the jury against him (during the trial the guy blew up a pic of his own son, placed it next to Petrole's pic, turned to his fellow jury members saying "this could've been your son or mine"). The jury members referred to Justin's defense lawyer as Mr. Potato Head.
Here's some reading material that may or may not warrant reasonable doubt. You be the judge. I just want some balance here. There has just been too much speculation based on journalists' stories:
From Wolfe v. Johnson. 565 F.3D 140 (4th Cir. 2009)
Several weeks after filing the Initial Petition, Wolfe's lawyers secured the
Barber Affidavit, which was executed on December 14, 2005.FN11 The following day,
Wolfe filed an amended petition for s 2254 relief (the "Amended Petition"),FN12
along with an appendix of supporting materials (the "Appendix"). In addition to
the Barber Affidavit, the Appendix included affidavits executed by Carl Huff and
Jason Coleman, two men who had previously lived with Barber, which corroborated
the Barber Affidavit. The Appendix also included affidavits from three other
prosecution witnesses in the trial, who stated that their police interviews had
been tape recorded, and the affidavit of Wolfe's investigator, Bob Lessemun, who
asserted that the authorities possessed such recordings.
FN11. The Barber Affidavit is found at J.A. 2943-55.
FN12. The Amended Petition is found at J.A. 2829-915.
a.
In the Barber Affidavit, Owen Barber confessed to testifying falsely at Wolfe's
trial and admitted that Wolfe was not involved in Petrole's murder. FN13 Barber
specifically stated that "Justin had nothing to do with the killing of ...
Petrole," and that he (Barber) "lied and implicated Justin because [he] felt that
[he] had no other choice." Barber Affidavit PP 5, 7. "The prosecution and my own
defense attorney," Barber maintained, "placed me in a position in which I felt
that I had to choose between falsely testifying against Justin or dying." Id. P
7.
FN13. The Barber Affidavit contains multiple handwritten corrections and
notations, apparently made by Barber prior to executing it.
In his affidavit, Barber swore to facts that directly contradicted his trial
testimony. Barber asserted in his affidavit that, for unexplained reasons, he
had simply intended to confront Petrole, not kill him. According to Barber, he
had "collected information about Danny Petrole, such as where he lived," and
contacted Wolfe "several times in the days before the shooting to ask when [Wolfe]
would be receiving his next delivery of chronic from Danny Petrole." Barber
Affidavit PP 9, 11. "Around dusk" on March 15, 2001, Barber met Wolfe at a local
restaurant and again inquired into Wolfe's next planned meeting with Petrole,
expressing his desire to purchase chronic from Petrole. Wolfe responded that he
would likely see Petrole that night. Following that meeting, Barber and J.R.
Martin returned to Barber's apartment where, later that evening, Wolfe called to
say that Petrole would be delivering drugs to Regina Zuener's apartment.
Barber swore in his affidavit that Martin thereafter drove him to Zuener's
apartment, where they waited together for Petrole in Martin's Escort at the end of
a cul-de-sac. From there, they followed Petrole from Zuener's apartment "to
Fairfax and then to his own house." Barber Affidavit P 19. Step-by-step, the
Barber Affidavit recounts how Barber, wearing "a hooded sweatshirt with a kangaroo
pocket in the front," gloves, and a baseball cap, exited Martin's car and
approached Petrole by *152 foot as Petrole parked his car. Id. PP 22, 23. As
Barber walked up to Petrole's vehicle, he saw Petrole reach for the passenger side
and believed that Petrole was reaching for the glove compartment to get a weapon.
Panicking, Barber "pulled [his] gun out of [his] pocket and shot Danny Petrole."
Id. P 27. Barber "continued to panic and fired the rest of the bullets." Id.
Barber then ran to the Escort, and with Martin driving, they sped away.
After returning home, Barber cleaned up the Escort and changed clothes. Shortly
thereafter, he and Martin met with Wolfe at the nightclub, where they "drank and
toasted the way that [they] always did." Barber Affidavit P 34. "There was
nothing unusual," Barber maintained, "about the toasts we made that night." Id.
Nor did Barber recall telling Martin to leave them (Barber and Wolfe) alone.
Barber swore in his affidavit that, in his trial testimony, he had "fabricated the
content of many of the calls" with Wolfe on the night of Petrole's murder. Id. P
36. He said that he "frequently called Justin five or six times daily," that the
frequency of their calls that night was not out of the ordinary, and that the
phone calls "had nothing to do with the shooting of Danny Petrole." Id. PP 35,
43.
The Barber Affidavit also detailed Barber's conversations with the authorities
following his arrest. The affidavit reflects that, on the flight back to
Virginia from California, the officers accompanying Barber "told [him] they
already knew that Justin had hired [him] to kill Danny Petrole and that one of
[them] would end up telling the story and the other one would end up with capital
murder." Barber Affidavit P 47. Barber insisted that the officers first raised
the murder-for-hire story, and that they made similar statements to Barber the
next day when he was being held in the Prince William County Jail. And, when
Barber met with his court-appointed attorney, the lawyer mentioned that, if he
testified against Wolfe, Barber would be spared his life. Over several days,
police officers and Barber's attorney "kept trying to get [Barber] to provide them
with proof of an agreement or a deal between [Wolfe and Barber] for murder. It
was like they were beating a drum." Id. P 52. Barber stated that, in exchange
for his testimony against Wolfe, he was told that Jennifer Pascquirello would not
be charged.
Ultimately, Barber recounted, he "agreed to testify against Justin because [he]
did not want to face the death penalty," he was upset with Wolfe for "let [ting]
him down" by not giving him money when he wanted to flee after the Petrole murder,
and he wanted to help Pascquirello. Barber Affidavit PP 55, 56. Barber
acknowledged in the affidavit that he "knew that they wanted to hear that I had
been hired by Justin to kill Danny Petrole, so I made up a story based in part on
the true events of that night, but with lies woven in to turn the story into a
murder for hire." Id. P 59. Barber also expressed concern to the prosecutors
that his plea and testimony deal was being made orally, and was not in writing.
The Barber Affidavit also alleged that Martin had fabricated his trial testimony
against Wolfe. Indeed, Barber maintained that prosecutors had conducted a joint
preparation session with Barber and Martin-prior to their trial testimony-and
Barber swore that he altered his trial testimony to conform his version of the
evidence against Wolfe to that of Martin.FN14 *153 Barber explained that, during
this preparation session, he "told the false story [he] had told the police and
J.R. Martin would correct points with which he disagreed," and that they "changed
details until the stories were consistent.... Essentially, [they] both told lies
until [they] had put together the story that prosecutors wanted to hear." Barber
Affidavit PP 67, 68. Ultimately, Barber swore, "At Justin's trial, I told the
story that J.R. Martin and I had agreed upon in the meeting with prosecutors."
The Barber Affidavit was not the only time that Barber had described a
joint preparation session with prosecutors. Prior to the December 14, 2005
Barber Affidavit, Barber executed an affidavit on October 28, 2005,
detailing similar discussions with the police and prosecutors.
Barber's affidavit then explained his motivation for recanting his trial
testimony. "At the time of my arrest and the trial," he explained, "I figured
that I would do anything to avoid the death penalty and to try to get myself out
of the situation I had got myself into. I would tell prosecutors and the police
what they wanted to hear." Barber Affidavit P 70. Barber concluded by
asserting that "Justin does not deserve to die for something he did not do," and
that he "fe[lt] bad about the fact that an innocent man is on death row."
b.
Wolfe's lawyers also secured supporting affidavits from the two men who had
previously resided with Barber, and included those affidavits in the Appendix
filed with the Amended Petition. The first such affidavit was executed by Carl
Huff, a former cellmate of Barber at Wallens Ridge State Prison (the "Huff
Affidavit").FN15 The Huff Affidavit, like the Barber Affidavit, was executed on
December 14, 2005. Huff swore in his affidavit that, in 2003-two years before
the Barber Affidavit-Barber had admitted to Huff that he had killed Petrole for
personal reasons and that he (Barber) had testified falsely against Wolfe at
trial. Huff stated that, "[o]ver three or four months" while they were
incarcerated together, Barber told Huff how "Wolfe was in no way involved in the
shooting of Petrole." Huff Affidavit PP 5, 14. Huff detailed the events
surrounding the Petrole murder and, despite Huff's having been separated from
Barber during the year prior to its execution, the Huff Affidavit is consistent
with the Barber Affidavit. And, according to Huff, he executed his affidavit
despite his belief that doing so could hurt his chances for parole.
Notably, Barber stated
in his affidavit,
Some years ago, I told my friend and ex-cellmate, Carl Huff, about Danny
Petrole's death and recently he shared the story with Justin's counsel.
I am not upset with him for doing that. In fact, I have felt like my
hands were tied so that I could not tell the true story about Justin, yet
I wanted the story told.
The other additional affidavit was executed by Jason Coleman on November 3, 2005
(the "Coleman Affidavit").FN16 Although substantially shorter in length, the
Coleman Affidavit corroborates the Barber and Huff Affidavits. Coleman swore
that he "told prosecutors that Owen Barber had confessed to [him] that [Barber]
acted alone in the murder of Danny Petrole." Coleman Affidavit P 5. Coleman also
stated that he had been interviewed by the police on a number of occasions with
respect to Wolfe's case, that he had made these same statements to the police
earlier, and that he believed those conversations had been recorded.FN17
No police recordings of witness interviews have ever been disclosed to
Wolfe's defense attorneys, either in conjunction with his trial or in the
post-conviction proceedings. Indeed, the Commonwealth does not acknowledge
that such recordings exist.