Defense: Prosecution withheld evidence in Wilkinsburg mass shooting; jury selected
An attorney for one of the men charged in the Wilkinsburg mass shooting filed a motion Thursday to dismiss the charges against his client — less than two weeks before trial is scheduled to begin — alleging that the prosecution withheld crucial information from him about a jailhouse witness expected to testify in the case.
A hearing on the issue is scheduled for Friday morning.
Casey White, who represents Robert Thomas, 31, of Homewood, said in his motion that the cooperating jailhouse witness was made a guarantee by Neil Carmen — an agent with Bureau of Alcohol, Tobacco, Firearms and Explosives — during a recorded interview on Nov. 30, 2017, but whatever those guarantees are have never been revealed.
“Questions have to arise now what other witnesses have been ‘guaranteed’ or what was or wasn’t promised to any of the ‘investigative leads’ or ‘credible sources’ or for that matter, potential and actual witnesses,” Mr. White wrote in his motion. “It is believed and
averred that it is reversible error to allow this case to proceed.”
Mr. White told Allegheny County Common Pleas Judge Edward J. Borkowski, who is presiding over the case scheduled to begin Feb. 3, that he only learned of the guarantees in the recorded interview Monday night — after he received it in discovery in a completely separate case.
“This witness has cooperated on eight different matters, and we don’t have any reports on any of those eight different matters,” Mr. White told the judge. “Zero.”
The witness currently at issue is the third jailhouse informant brought forward by the prosecution to testify against Thomas, as well as co-defendant Cheron Shelton, 32, of Lincoln-Lemington.
They are accused of killing five people and an unborn child during a backyard cookout on Franklin Avenue in Wilkinsburg on March 9, 2016.
If convicted of first-degree murder, the district attorney’s office is seeking the death penalty.
Jury selection in the case began on Jan. 6, and was completed Thursday afternoon. The panel includes six male and six female jurors, as well as four female and two male alternates.
As part of its case, the prosecution has said it will not use the first two jailhouse witnesses it initially proposed, but does plan to use the third, who faces charges of shooting at a group of people gathered for a vigil on Sept. 16, 2015, in Homewood.
He is charged by the Allegheny County grand jury with three counts of aggravated assault and related crimes.
“We’ve been told there’s never been any quid pro quo for any of their testimony,” Mr. White argued. “The only witness against my client is being given guarantees, and I have no idea what those guarantees are.”
In the video, the witness, who at the time was joined by his attorney Randall McKinney, who represents Shelton in the Wilkinsburg case, is shown talking to two investigators.
But according to Mr. White’s motion, Mr. McKinney and Pittsburgh police Detective Andrew Miller left the room — with Agent Carmen and the witness remaining.
Agent Carmen then says, “We are going to uphold our end, and we are going to do the best we can. There are guarantees in there ... that have already been talked about, and [sic] are hoping to [sic] more than what is guaranteed, depending on what is needed,” Mr. White wrote.
Detective Miller then yells from the hallway, the motion continues, “Hey, Neil, it is still recording so you know.”
Mr. White argued in his motion that the video should have been turned over by the prosecution because it contains information that could be used to impeach the jailhouse witness’ credibility.
Assistant District Attorney Lisa Pellegrini told Judge Borkowski that no guarantees were given to the witness.
“He has been made no promises. He has no expectations of anything other than you being made aware of his testimony,” she said.
Deputy District Attorney Kevin Chernosky told Judge Borkowski that his office was under orders from Judge Jill E. Rangos, who supervises the grand jury, that they could not turn the video of the interview over to Mr. White.
“My question to the court is what else are they hiding behind grand jury?” Mr. White asked. “Why am I precluded from having exculpatory evidence when this young man’s life is on the line?”