Judge weighs merits of jailhouse witness in killings
Testimony may be key in Wilkinsburg case
An Allegheny County judge said Tuesday that he is considering barring the testimony of a key witness when trial gets underway next week for two men accused of killing five adults and an unborn child during a 2016 cookout in Wilkinsburg.
“He should not be allowed to testify,” Casey White, an attorney for defendant Robert Thomas, told Common Pleas Judge Edward J. Borkowski during a hearing Tuesday afternoon, complaining that it was unfair that prosecutors were providing new information about the witness just days before trial.
“I’m contemplating that,” Judge Borkowski replied.
The unidentified person, known as Witness No. 3, is believed to have been involved in or aware of more than a dozen crimes, including the 2013 shooting death of a 15month-old boy, according to representations made at the hearing by the Allegheny County District Attorney’s Office.
An uproar was created last week when it was disclosed that the jailhouse witness received financial consideration and relocation services from the Allegheny County Police Department, but defense attorneys did not learn of the arrangements until 10 days before trial.
“Witness 3 has apparently confessed to killing a 15-month-old child,” said Randall McKinney, who is representing Thomas’ co-defendant, Cheron Shelton, as he tried to nail down information about the witness and the May 21, 2013, fatal shooting in East Hills of Marcus White Jr.
“If Witness No. 3 has come forward and not been charged, implicit in that scenario is a promise or guarantee,” Mr. McKinney said.
“I recognize that,” Judge Borkowski said.
The defense attorneys are eager to chip away at the credibility of the witness. They are pressing prosecutors to turn over more detailed information about his alleged involvement in or knowledge of other crimes.
“Obviously the commonwealth is seeking to execute both of our clients,” Mr. McKinney said, as
Shelton and Thomas listened. Eighty percent of the prosecution’s case, he continued, is based upon the testimony of Witness No. 3.
“Alleged murderers just happen to tell him everything,” Mr. McKinney said, noting that he planned to bring up the witness in his opening statement to jurors and his cross-examination. “That’s certainly relevant when it comes to determining his credibility.”
Judge Borkowski let the defense lawyers know that if Witness No. 3 testifies, specific details about the alleged crimes he perpetrated or claims to know about would not be allowed into evidence before the jury.
“We’re not going to get into a lot of details about the specific incidents,” the judge said, acknowledging that evidence already exists to assail the witness’s credibility.
Trial is scheduled to begin Monday for Shelton, 33, of Lincoln-Lemington and Thomas, 31, of Homewood, in a case that could result in the death penalty if they are found guilty of first-degree murder.
The two are accused of gunning down siblings Jerry Michael Shelton, 35, Brittany Powell, 27, and Chanetta Powell, 25, who was eight months pregnant; and their cousins Tina Shelton, 37, and Shada Mahone, 26 on March 9, 2016. Three others were wounded including a man who was paralyzed.
During the hearing, the defense attorneys continued to spar over evidence with Deputy District Attorney Kevin Chernosky and Assistant District Attorney Lisa Pellegrini. Mr. McKinney and Mr. White complained about various delays in receiving evidence and information, including details about Witness No. 3, jail transport logs and the credentials of an FBI agent who produced a Power Point on cellphone records.
“We’re looking to not be ambushed by this FBI agent,” Mr. McKinney said.
“Its not our job to make his job easier,” Mr. Chernosky said at one point in pushing back against a defense request for a pareddown list of trial witnesses. “You’re essentially asking us to give him our entire strategy” regarding the order in which witnesses will be called.
The parties will reconvene Friday morning for another hearing.