Updated: Monday, 19 Nov 2012, 4:39 PM EST
Published : Monday, 19 Nov 2012, 4:39 PM EST
NORFOLK, Va. (AP) - A former death row inmate in Virginia whose conviction was overturned on accusations of prosecutorial misconduct is petitioning a judge for his immediate release.
Lawyers for Justin Wolfe filed the motion Friday in federal court in Norfolk. They argue that Virginia prosecutors have waited too long to retry Wolfe on charges that he orchestrated a murder for hire as part of his drug-dealing enterprise.
Wolfe was convicted in 2002 and sent to death row. But a federal judge overturned the conviction, ruling that Prince William County prosecutors hid evidence that would have undermined their case.
The judge gave state prosecutors 120 days to either retry Wolfe or grant his unconditional release. Wolfe's lawyers say that time is up.
Wolfe's retrial is currently scheduled to begin in January.
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