Motion in Wilkinsburg ambush shooting case alleges misconduct by prosecution

Defense attorneys in the Wilkinsburg shooting case that killed five people and an unborn child in March 2016 have filed a motion alleging flagrant misconduct by the prosecution.According to the motion, the Allegheny County District Attorney’s office violated the due process rights of defendants Robert Thomas and Cheron Shelton by delaying turning over evidence that might help clear their them.The motion argues that Judge Ed Borkowski should consider dismissing the case entirely or barring the death penalty in the case and banning the testimony of the person identified publicly only as witness number three.Witness number three is the person who allegedly confessed to killing 15-month-old Marcus White, Jr., in a drive-by shooting in Pittsburgh’s East Hills neighborhood in 2013.Witness number three is a jailhouse informant who is a potential witness in about a dozen cases who is cooperating with the district attorney’s office.No charges have been filed in the killing of Marcus White, Jr.Defense attorneys in the Wilkinsburg shootings case argue that he must have a promise of a deal from the district attorney’s office.The motion argues the district attorney’s office is so late in providing material to the defense, with the trial set to start Monday, that the defense can’t digest it all and prepare properly for trial.Even if the death penalty and the barring of the testimony of witness number three is denied, the defense is asking for the trial to be postponed to give them time to adequately prepare.The defense argues that the media coverage generated since jury selection makes going forward with a fair trial using the current jury impossible.The motion also says that witness number three confessed on tape to the killing of Marcus White, Jr., and is also charged in connection with the shooting of another child who survived.The motion notes that the prosecution has acknowledged in court that witness number three is providing prosecutors with information on 13 different criminal cases, some of which he is involved in.Defense attorneys also argue in their filing that one of the current prosecutors may be called as a witness concerning prosecution meetings with witness number three.

Defense attorneys in the Wilkinsburg shooting case that killed five people and an unborn child in March 2016 have filed a motion alleging flagrant misconduct by the prosecution.

According to the motion, the Allegheny County District Attorney’s office violated the due process rights of defendants Robert Thomas and Cheron Shelton by delaying turning over evidence that might help clear their them.

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The motion argues that Judge Ed Borkowski should consider dismissing the case entirely or barring the death penalty in the case and banning the testimony of the person identified publicly only as witness number three.

Witness number three is the person who allegedly confessed to killing 15-month-old Marcus White, Jr., in a drive-by shooting in Pittsburgh’s East Hills neighborhood in 2013.

Witness number three is a jailhouse informant who is a potential witness in about a dozen cases who is cooperating with the district attorney’s office.

No charges have been filed in the killing of Marcus White, Jr.

Defense attorneys in the Wilkinsburg shootings case argue that he must have a promise of a deal from the district attorney’s office.

The motion argues the district attorney’s office is so late in providing material to the defense, with the trial set to start Monday, that the defense can’t digest it all and prepare properly for trial.

Even if the death penalty and the barring of the testimony of witness number three is denied, the defense is asking for the trial to be postponed to give them time to adequately prepare.

The defense argues that the media coverage generated since jury selection makes going forward with a fair trial using the current jury impossible.

The motion also says that witness number three confessed on tape to the killing of Marcus White, Jr., and is also charged in connection with the shooting of another child who survived.

The motion notes that the prosecution has acknowledged in court that witness number three is providing prosecutors with information on 13 different criminal cases, some of which he is involved in.

Defense attorneys also argue in their filing that one of the current prosecutors may be called as a witness concerning prosecution meetings with witness number three.