PITTSBURGH — Attorneys for the two men suspected in the Wilkinsburg mass shooting are calling for charges to be dropped, just days before the trial is scheduled to start.
On Friday, lawyers for Cheron Shelton and Robert Thomas filed a motion for “extraordinary relief.” In addition to calling for charges to be dropped, they want the death penalty taken off the table, suppression of witness number three and the removal of Allegheny County Assistant District Attorney Lisa Pellegrini.
In the motion, defense attorneys claim there cannot be a fair trial because prosecutors have violated the defendants’ due process by not turning over all discovery or disclosing exculpatory evidence.
We alerted our Breaking News @WPXI News App users about the call for charges to be dropped in the Wilkinsburg mass shooting case. Don't miss updates about what's happening in your community: https://t.co/CKbzwooUMS pic.twitter.com/y8CO8WAE1C
— WPXI (@WPXI) January 31, 2020
The credibility of Witness #3 has been questioned.
A new motion filed by the attorney for Robert Thomas said the DA’s office agreed the person identified as Witness #3 was not credible.
#BREAKING: In new motion filed by Robert Thomas’ attorney Casey White, he said the DA’s Office agrees Witness #3 is “not credible” and will not be called as a witness. Witness #3 is the man who allegedly confessed to killing 15-month-old Marcus White Jr in 2013 pic.twitter.com/RyEsomqA5w
— Aaron Martin (@WPXIAaronMartin) January 31, 2020
During a hearing earlier in the week, prosecutors told the judge Witness #3 provided information on 13 criminal cases.
Channel 11 News also learned during the hearing that Witness #3 spoke to Allegheny County police and admitted to being involved in, or having direct knowledge of, six crimes and having hearsay information about seven others.
Defense attorneys said they learned Witness #3 also allegedly confessed to killing 15-month-old Marcus White Jr. in a shooting in 2013.
>>RELATED STORY: What we know: Shooting death of Baby Marcus, alleged confession and potential impact on different case
Prosecutors said they would not be using Witness #3.
The trial is set to start next week for the 2016 ambush shooting in Wilkinsburg that killed five people and an unborn baby during a backyard barbecue.
The judge assigned to the case, Judge Borkowski, said he plans to make a decision on whether to dismiss the homicide charges or not on Monday at 9 a.m., right before the trial is scheduled to begin.
MORE: Regardless of his decision on Thomas, the judge said suspect Cheron Shelton will still have his trial beginning Monday morning
— Aaron Martin (@WPXIAaronMartin) January 31, 2020
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