Attorneys allege witness was paid to cooperate in Wilkinsburg mass shooting case

The judge presiding over the 2016 Wilkinsburg mass shooting case on Friday denied a defense request for a mistrial based on allegations that a witness had been paid to cooperate with prosecutors.

Judge Edward J. Borkowski refused to unseal the motion from defense attorneys and make it available to the public.

Based on testimony in open court by defense attorney Randall McKinney, a witness who had cooperated with prosecutors against Cheron Shelton and his former co-defendant Robert Thomas came forward to defense attorneys. The witness alleged he had been given financial assistance in the case, McKinney said.

“For the second time in 30 days … the Commonwealth was caught providing financial assistance to a jailhouse witness,” McKinney said.

“That assumes the credibility of a witness you assailed for 3½ years,” Judge Borkowski replied.

McKinney alluded to statements made by the witness and used in the 2016 affidavit of probable cause filed against Shelton and Thomas that charged them with six counts of homicide in the March 9, 2016, shooting.

Two jailhouse witnesses were quoted in the affidavit, and prosecutors eventually dropped both from the case.

Borkowski dismissed the case against Thomas on Monday after a different cooperating witness for the prosecution was excluded. It came to light late last month that Allegheny County Police offered financial assistance and relocation services to that man, known as Witness 3, in exchange for information in the Wilkinsburg case and a dozen others.

Prosecutors agreed not to call Witness 3, leading to defense attorney Casey White’s motion to dismiss charges against Thomas for lack of evidence.

Shelton proceeded to trial and could face the death penalty if convicted. His attorneys say they have a 60-minute recorded conversation with the witness previously dropped by prosecutors.

McKinney in court alleged prosecutors had all of the evidence that they’ve presented since April 2016 and questioned why charges weren’t filed against Shelton until June 23, 2016. He said the witness who contacted him alleged he was told by county police to get close to Shelton and get him to talk about the case.

He said the witness also claimed investigators fed the witness facts so he could ask Shelton the right questions.

“They were waiting on their snitches to get their work done,” he said.

Deputy District Attorney Kevin Chernosky called the allegation complete fabrications and said this witness waited until the first day of the trial to come forward. He called it a distraction that is not relevant, particularly because the witness would not be called.

McKinney said if the judge would not declare a mistrial that he should at least allow the witness to be heard in open court. He said the witness does not live locally but was willing to be in Pittsburgh by Monday morning.

He said a delay in the trial is “a small sacrifice for this man’s life,” reminding the court that Shelton’s “life is on the line.”

Borkowski denied the motion and declined to hold a hearing on the matter. He said based on the transcript of the interview, there was a potential for 20 to 30 witnesses, including county police, county jail employees and McKeesport police.

“I will not allow this witness to blow up or terminate this trial or even delay it,” he said.

McKinney noted that he did not file the motion or the transcript under seal, yet no one outside of the case had been able to access it all day. He asked that it be unsealed, as this is a matter of “grave public concern.”

Borkowski elected to keep the filings sealed.