(PRWEB) November 23, 2012
A high-profile death row case (Case No. 2376-02-4 in the Prince William Circuit Court) in Virginia has reached a critical junction, as the criminal defense attorneys for Justin Wolfe have asked for his immediate release, claiming that the prosecuting attorneys waited to long to bring the case back to trial, according to The Republic.
Virginia drug lawyer Thomas Soldan comments on the latest turn in the case, and what it could mean for its eventual resolution.
"The high-profile matter of Justin Wolfe has taken another interesting procedural turn as his federal defense team has filled a motion to enforce the timeline established by United States District Court Judge Raymond Jackson for Wolfe's retrial or release. The deadline, set at 120 days, has not been met as Wolfe's retrial in the Prince William Circuit Court has not yet taken place. What remains to be seen is whether Judge Jackson will consider the several procedural delays, including a motion to disqualify Fairfax County Commonwealth Attorney Raymond Morrogh, as tactical maneuvers by a coordinated defense team, or whether he will hold the prosecution to his deadline."
The issue at hand is when the 120 day deadline to retry the case really started. The defense team claims that it was when the term was initially decided, or when the district court issued its mandate that the case go back to court in September. That issue, which could be considered a technicality in a case with implications as serious as this, could end up deciding the fate of Mr. Wolfe. Mr. Soldan continues.
"The misconduct alleged as the basis for the federal court to overturn the Prince William County capital murder conviction was unprecedented, the vitriol of the supporters both for and against Mr. Morrogh's entry into the matter was unparalleled, and now it remains to be seen whether Judge Jackson's ruling will unleash a new furor in this heated debate."