Judge Hears Motion Seeking To Dismiss Capital Case

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File photo of a judge's gavel. (Photo by Joe Raedle/Getty Images)

File photo of a judge’s gavel. (Photo by Joe Raedle/Getty Images)

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MANASSAS, Va. (AP) — A judge will again hear arguments seeking to toss out capital murder charges against an alleged northern Virginia drug dealer whose initial death sentence was overturned on accusations of prosecutorial misconduct.

A hearing is scheduled Tuesday in Manassas in the retrial of Justin Wolfe. He was convicted a decade ago of orchestrating a murder for hire of a fellow drug dealer.

But federal courts overturned the conviction and death sentence after ruling that prosecutors failed to turn over key evidence and after the alleged hitman recanted his testimony.

The case is being retired by a special prosecutor, Fairfax County Commonwealth’s Attorney Ray Morrogh.

A hearing is also scheduled for Thursday in federal court in Norfolk seeking to dismiss the retrial on different grounds.

(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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