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Judge could nix key witness testimony in Wilkinsburg mass shooting | TribLIVE.com
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Judge could nix key witness testimony in Wilkinsburg mass shooting

Megan Guza
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Allegheny County Jail
Cheron Shelton (left) and Robert Thomas are charged in the 2016 mass shooting on Franklin Avenue in Wilkinsburg that killed five adults and an unborn child.

The judge presiding over the 2016 Wilkinsburg mass shooting case said Tuesday he’s considering suppressing testimony of a jailhouse witness who, along with offering information in the Wilkinsburg case, offered information in a dozen other crimes.

The death-penalty trial for Cheron Shelton and Robert Thomas — both of whom face six counts of homicide related to the March 9, 2016, shooting — is set to begin Monday.

The unnamed witness — the prosecution’s key witness against Thomas — has been the topic of contentious hearings over the past week.

Testimony on Tuesday revealed the witness offered information in at least 12 or 13 cases. Casey White, an attorney representing Thomas, said the defense teams had received information pertaining to eight of those.

White said it’s unfair that prosecutors just now are turning over the rest of the information — information he says impeaches the witness’ credibility.

He said the witness should not be allowed to testify.

“I’m contemplating that,” Judge Edward J. Borkowski said.

Deputy District Attorney Kevin Chernosky said some of the information the witness gave was hearsay and some of it was firsthand, including alleged confessions others made to the witness.

Randall McKinney, one of Shelton’s attorneys, said the number of cases the witness purportedly cooperated in is relevant because it could call into question his credibility. He questioned why so many alleged murderers happened to confess to this particular witness.

Testimony during a hearing Friday revealed the witness had confessed to the 2013 killing of 15-month-old Marcus White Jr. during a family picnic in the East Hills.

The defense attorneys questioned why the unnamed witness hadn’t been charged with homicide in that case and whether charges were being withheld because of his cooperation.

McKinney asked whether a $5,000 reward for information in White’s death is still being offered. Prosecutors said only that the witness had not received that reward.

McKinney argued that if the reward is still being offered, prosecutors don’t believe the witness’ confession.

“If they don’t believe their own witness,” he asked, “why should a jury?”

Revelations that the witness was relocated and his family provided financial assistance came Friday during the questioning of a federal agent who interviewed the witness on several occasions.

The hearing revolved around what, if anything, was promised in exchange for his cooperation. Neil Carman, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, testified that he made no tangible promises.

Pressed by White, Carman revealed Allegheny County Police offered the relocation and financial assistance.

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