Locked up 25 years on a lie: Virginia death row inmate freed as star witness admits frame job

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Locked up 25 years on a lie: Virginia death row inmate freed as star witness admits frame job

A Virginia man’s murder conviction has been vacated, freeing him after 25 years in prison, including over a decade on death row

Rebecca Boone Wednesday 30 September 2026 05:28 EDT

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A Virginia man has walked free from prison after serving a 25-year sentence—more than a decade of which was spent on death row—following the vacating of his murder conviction.

Justin Michael Wolfe, now 45, was released on Monday, bringing an end to a long legal battle that once brought him within days of execution for the March 2001 killing of Daniel Petrole in Bristow, Virginia. Judge Carl Weimer threw out the conviction after the sole witness connecting Wolfe to the crime recanted his statements. Wolfe subsequently accepted a plea agreement involving robbery and marijuana charges, receiving a sentence equivalent to time served.

Spending his initial moments of liberty with his family, Wolfe marked the occasion with simple activities like eating pizza and running errands alongside his mother.

Justin Michael Wolfe ’s release on Monday marks the end of a complex legal saga that at one point had him just days away from an execution date open image in gallery
Justin Michael Wolfe ’s release on Monday marks the end of a complex legal saga that at one point had him just days away from an execution date ( Erin Wolfe )

“The thing I relish most is getting to know my nieces and nephews,” he said Tuesday afternoon. “I did 25 years for a marijuana case, something that you can go buy at the store now. I feel like I handled it as well as I could.”

The case originally captured widespread attention in the early 2000s after exposing a major drug operation run by several teenagers in northern Virginia. Investigators at the time calculated that Wolfe and his associates had dealt up to $10 million in ecstasy and marijuana, using profits to fund lavish trips to Atlantic City and Hawaii while maintaining regular suburban lives.

Wolfe was just 19 when the case began

Authorities alleged that Wolfe contracted another young marijuana dealer, Owen Barber, to murder Petrole on March 15, 2001. Petrole was a high school acquaintance and Wolfe’s drug supplier; prosecutors asserted that Wolfe owed him more than $60,000.

Following the shooting, Barber confessed his role to an acquaintance who informed law enforcement, according to court documentation. To avoid capital punishment, Barber accepted a plea bargain and received a 60-year prison term for the murder.

Wolfe, left, looks back towards his parents as he is led from the courtroom by a sheriff's deputy after being found guilty of capital murder in Manassas, Va., Jan. 22, 2002 open image in gallery
Wolfe, left, looks back towards his parents as he is led from the courtroom by a sheriff’s deputy after being found guilty of capital murder in Manassas, Va., Jan. 22, 2002 ( AP2002 )

Wolfe was subsequently indicted on capital murder charges. Though he testified in his defense and denied involvement in Petrole’s death, he was convicted in 2002 and sentenced to death.

Barber was the only witness linking Wolfe to the alleged contract killing. He later recanted his trial testimony, asserting that Wolfe was innocent and stating that police officers had repeatedly threatened him with the death penalty unless he testified against Wolfe.

Numerous legal defense groups have taken up Wolfe’s case over the years

Multiple legal advocacy groups, including the Innocence Project at the University of Virginia School of Law and the U.S. Campaign to End the Death Penalty, took up Wolfe’s defense. However, legal progress moved slowly over many years.

Upon appeal, a federal judge overturned Wolfe’s death sentence, citing prosecutorial misconduct and ordering a retrial. Barber initially declined to testify on Wolfe’s behalf due to concerns that doing so might void his own plea agreement and expose him to the death penalty.

Virginia abolished the death penalty in 2021 under Democratic Governor Ralph Northam open image in gallery
Virginia abolished the death penalty in 2021 under Democratic Governor Ralph Northam ( AFP/Getty )

Extended legal proceedings followed, leading to a 2016 plea agreement in which Wolfe was resentenced to up to 41 years to avoid another capital trial. Under the terms, he was required to apologize to Petrole’s family.

“I understand all the pain and suffering I caused,” Wolfe said at his 2016 sentencing, looking directly at Petrole’s family. “I know an apology is not enough, but I’m sorry.”

Virginia officially banned capital punishment in 2021. With no remaining risk of facing the death penalty, Barber signed a new sworn affidavit in 2023 affirming that Wolfe was not involved in Petrole’s murder. Two additional individuals provided sworn statements indicating that Barber had separately told them Wolfe had no role in the killing.

An appeals court was deeply critical of the prosecution

A federal appellate panel sharply criticized the original prosecution last year, ruling that Wolfe was a victim of misconduct.

“Twenty-four years ago, the Commonwealth decided that appellant was a guilty man,” U.S. Circuit Judge Stephanie Thacker wrote for the unanimous three-judge panel. “From that moment, the Commonwealth has done everything in its power to ensure Appellant dies in prison, eschewing the Constitution, ethical strictures, and Appellant’s own repeated and consistent assertions of actual innocence.”

Wolfe’s ultimate release was arranged through a fresh plea deal, in which he pleaded guilty to marijuana distribution and entered an Alford plea—a modified guilty plea maintaining innocence—to solicitation of robbery.

“The system is broken,” his mom, Steinberg, said. “What they did to him was cruel and unusual punishment, and what they did to the Petroles was just prolong their pain.”

Prince William County Commonwealth’s Attorney Amy Ashworth described the resolution in a Monday statement as a “just and appropriate outcome” following mismanagement by a prior administration.

“We recognize that people will have strong and differing views about this resolution,” Ashworth added, noting some would view it as confirming guilt while others see it as proving innocence.

Petrole’s family expressed their desire for privacy in a statement released through the prosecutor’s office, expressing hope that they “can finally begin to close this chapter and remember Danny for life rather than for the circumstances of his death.”

As he adjusts to freedom—enjoying simple choices like when to sleep and unescorted showers—Wolfe plans to advocate for criminal justice reform in the future.

“We just went to Costco, and that was sensory overload,” Wolfe said with a chuckle. “I’m going to get the hang of it. I’ll be alright.”

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