The Prosecution

 

Versione Italiana

The Prosecutor- Mr. Charles Griffith

Between 1992 and 1994 of Mr. Griffith's tenure as Commonwealth Attorney, six men were accused of murder (and three convicted) in cases where it was later reported that Mr. Griffith's office had not turned-over exculpatory evidence it was legally obligated to give the defense.

Defense has two affidavits of witnesses who stated that he badgered them when they refused to falsely testify.

A recent article on Chuck Griffith as reported on The Virginia Pilot

You judge this man's character

The Chief Detective- Mr. Shaun Squyres

Formerly chief homicide investigator in Norfolk, Squyres was reassigned to the robbery after his investigation of Sarah Wisnosky's murder.  He was also scrutinized by the media for improper investigation of several suspects in other cases.  In one case, the Virginia Court of Appeals granted a defendant convicted of murder a rare full hearing after allegations that Squyres bribed him into signing a statement implicating two other individuals by conditioning his girlfriend's prison visit on his signing the statement.   Squyres attempted to bully Derek's girlfriend in Ohio into allowing him to search her residence without a warrant and told her, "I am going to put this motherf**ker [Derek] away for the rest of his life.   I really don't care if he did it or not."

You judge this man's character

The Judge- Judge William Rutherford

Judge Rutherford was openly hostile towards the defense throughout the trial and denied Derek the funds needed to hire an expert to rebut the Medical Examiner's testimony about rape--the Commonwealth's only evidence on this count.  Before becoming a Judge, Rutherford was a Commonwealth prosecutor.  He was notorious for seeking the death penalty and an execution date for Joe Giarratano, who was conditionally pardoned by Governor Wilder after evidence of his innocence emerged.  It is rumored that several Judicial Inquiry Review Commission complaints were lodged against Judge Rutherford (the complaints are kept confidential), and he stopped hearing criminal cases after Derek Barnabei's trial.

You judge this man's character

Prosecution Witnesses

Michael Baine

A housemate and TKE fraternity member.  On several occasions, Bain made rude advances towards Sarah Wisnosky, the victim, and on one occasion she was forced to bite and slap him in self-defense.  At trial, Bain admitted that several nights before the murder, he carried an intoxicated Sarah to his bedroom and spent the night with her.   On the day after the murder, Bain missed work for the first time at his job, allegedly because he had to run some errands.  His only alibi witness during the time the prosecution alleges the murder occurred (12am-12:30am) was David Wirth.

You judge this man's character

David Wirth- A Housemate

Wirth recently pled guilty to aggravated assault for pulling a shotgun on a woman who made the mistake of honking her car horn in front of his house.   He maintained weapons at the house where the murder occurred.  In a particularly grotesque exhibition, he built a bookcase out of the wood from the bed in which Sarah was killed.  Crime scene photos from the night of the murder show a claw hammer and police-style billyclub in his room.
Sarah's injuries are consistent with the billyclub, but the police did not test it.   His only alibi witness during the time the prosecution alleges the murder occurred (12am-12:30am) was Michael Bain.

You judge this man's character

None of the occupants of the house were new to Virginia, as Derek was, instead they have families and friends with businesses and social connection to the city of Norfolk and its surroundings.

Top of Page