Wilkinsburg shooting suspect’s attorney says ‘guarantees’ made to witness, seeks dismissal
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The attorney for one of two men accused in the 2016 mass shooting in Wilkinsburg has asked the judge to dismiss the case against his client, alleging 11 days before the trial is set to start that prosecutors failed to disclose exculpatory evidence.
The push made Thursday to dismiss the case against Robert Thomas hinges on the allegation that the prosecution’s main witness against Thomas has been made promises or guarantees his defense attorneys weren’t aware of.
The death penalty case against Thomas and co-defendant Cheron Shelton is set to begin Feb. 3. Both are charged with six counts of homicide related to the March 9, 2016, killings.
The allegation stems from a recorded interview with the witness, named only as W3, in which the witness shared information purportedly about other shootings and homicides around Pittsburgh. Randal McKinney, attorney for Shelton, was representing the witness at the time of the interview.
The video was not shown in open court. Presiding Judge Edward J. Borkowski watched the video in his chambers.
White alleges that the interview wraps up and McKinney leaves the room along with the officers conducting the interview – Pittsburgh police Detective Andrew Miller and federal Bureau of Alcohol, Tobacco and Firearms agent Neil Carmen. He said the recording shows Carmen coming back into the room alone and speaking to the witness about “guarantees.”
“We are going to uphold our end, and we are going to do the best we can,” Carmen allegedly tells the witness. “There are guarantees in there … that have already been talked about, and are hoping to (get) more than what is guaranteed, depending on what is needed.”
Assistant District Attorney Lisa Pellegrini said the only promise made to the witness is that the judge in the witness’s case — it is not clear the nature of the case, since the witness is not named — would be made aware of his cooperation.
White alleged it was through a stroke of luck that he came across the video. He discovered the video in question while going through evidence in a different case. White alleges the video is a violation of the Brady rule, which dictates that any evidence found by prosecutors that is favorable to a defendant must be turned over to the defendant or defense counsel.
Pellegrini said the video was not turned over to White because it was grand jury evidence and, thus, protected. Beyond that, she said, the witness never mentions Shelton or Thomas during that interview, in which he says he has information on eight other shootings.
White said the video is “clearly favorable” to Thomas in that it casts doubt on the truthfulness of the witness.
“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, any potential and actual witnesses,” White wrote.
Attorneys for Shelton have not moved to have the case against their client dismissed.
Borkowsi said he will reconvene on the matter 10 a.m. Friday.
The contentious hearing kicked off the 13th day of jury selection that has seen several heated moments.
White and Michael Machen are representing Thomas. McKinney and Williams represent Shelton. Assistant District Attorney Lisa Pellegrini and Deputy District Attorney Kevin Chernosky are prosecuting the case.
The attorneys agreed on the final two alternate jurors about 2 p.m. Thursday. The jury is made up of six men and six women. The alternates are four women and two men.