Lawyer for slain child’s family: DA must resign
Alleged confession in killing comes to light
An attorney representing the family of a toddler killed in a 2013 shooting is calling for District Attorney Stephen A. Zappala Jr. to step down, alleging he failed to prosecute a man who reportedly confessed to the child’s killing.
Paul Jubas, the lawyer representing the family, said at a news conference Thursday afternoon that the district attorney’s office violated the Pennsylvania Crime Victims Act by not informing the family of the alleged confession. The family found out about the alleged confession from social media after it was revealed as a part of an investigation into a 2016 Wilkinsburg mass shooting, in which five
adults and an unborn child were killed.
“Unfortunately, the Pennsylvania Crime Victims Act doesn’t have any teeth for enforcement, so there’s no way to demand that we’re told the information,” Mr. Jubas said.
The alleged confession to the 2013 killing of 15-monthold Marcus White Jr. came to light when defense attorneys in the Wilkinsburg case obtained a recording in which a key witness in that shooting, identified in court documents as Witness No. 3, admitted to his involvement in Marcus’ death.
Witness No. 3 is believed to have been involved in or aware of as many as 13 cases including the Wilkinsburg case, which is scheduled to go to trial Monday.
Common Pleas Judge Edward J. Borkowski, who is overseeing the Wilkinsburg shooting trial, said he is “contemplating” barring Witness No. 3’s testimony after it was disclosed that the witness received financial consideration and relocation services from the Allegheny County Police Department — something defense attorneys did not learn until 10 days before trial.
Before the Thursday news conference, Mr. Zappala’s office released a statement responding to Mr. Jubas’ calls to charge Witness No. 3.
“Understandably, any death of a child resulting from violence motivates both law enforcement and the community to search for answers,” the statement read. “However, our office cannot file charges until such time as evidence exists to sustain and prove those charges beyond a reasonable doubt.”
The statement says the DA’s office is using a grand jury investigation into “multiple instances of violent crime, including homicides, connected to specific groups of individuals in the City of Pittsburgh.”
The work done by the grand jury is protected by confidentiality, and therefore, the statement read, the DA cannot provide a more specific response relative to the baby’s death.
Mr. Jubas took issue with the assertion that the DA’s office could not file charges until there is proof beyond a reasonable doubt.
“It appears as though his statement indicated that he didn’t believe the confession enough to charge,” he said. “If that’s the case, then why is he using this witness in so many other cases?”
At the news conference, Mr. Jubas was surrounded by more than two dozen members of Marcus’ family, including Jameela Tyler, Marcus’ mother.
Law enforcement and the DA’s office, Mr. Jubas said, are tasked with taking care of the commonwealth of Pennsylvania. This, Mr. Jubas said as he motioned to the family behind him, “is the commonwealth of Pennsylvania right here.”