King and Spalding Pro Bono Work Saves Man from Death Row

August 16th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Attorney Alan Dial of King and Spalding in Washington DC…

Attorney Alan Dial: “We believe in Justin’s innocence and…that there was more to it than what was presented at trial.”

An intense six year effort and 9000 hours of pro bono work by the firm of King and Spalding has overturned the capital murder conviction and death sentence for 29-year-old Justin Wolfe, a man whose trial the court ruled was rife with prosecutorial misconduct.

“We were thrilled about that and very excited to have Judge Jackson conduct such a thorough and careful review of the facts and find that the prosecution failed to turn over a lot of information that would have been extremely helpful in presenting a defense in the murder charge presented against Justin at trial,” says trial attorney Alan Dial from King and Spalding in Washington D.C.

Wolfe, who was involved in marijuana distribution ring, was found guilty of killing his supplier in a murder hire plot based on the testimony of a man who later recanted the story he told to police and confessed to committing the murder himself.

A hearing last November found that the state had withheld information that might have precluded Wolfe’s conviction. The arguments put forward at that hearing, says Dial, were the result of long hours and a collaborative effort with University of Virginia law students working on the Innocence Project and the efforts of the Virginia Capital Representation Resource Center.

“As a lawyer, you want to make sure that the rules of engagement are set up so that the process is fair,” says Dial who previously worked as an assistant state prosecutor in Atlanta and San Diego, “particularly when you have someone who has been convicted of capital murder.”

“We believe in Justin’s innocence and wanted to dig into the facts of the case and show the court that there was more to it than what was presented at trial,” he adds.

Wolfe, who has been on death row in Virginia since 2002, was also convicted on charges of drug dealing and will remain in prison.

An appeal by the Commonwealth is possible however, and Dial says King and Spalding will remain on the case. The firm has a long history doing pro bono work and as many as 50 members of the firm were involved in the Wolfe case.

For Dial, apart from overturning Wolfe’s murder conviction, one of the highlights of the case was working with the 12 UVA students involved in the Innocence Project.

“The experience was outstanding” says Dial. “I think this experience gave the students incredible experience. They assisted us in reviewing documents and interviewing witnesses, helping us with some of the research that went into this so it was a real collaborative effort.”

Alan Dial is a partner in the international law firm of King and Spalding. He earned his J.D. at Howard University and focuses his practice on complex civil litigation, white collar criminal litigation and internal investigations. He has experience in pharmaceutical, medical device, healthcare, criminal and civil investigations.

 

 

Tags: Alan Dial, Justin Wolfe, King and Spalding, Lawyers Giving Back, Pro Bono, The Innocence Project, University of Virginia, wrongful convictions

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