Verdict in Wolusky murder case is long in the books, but the case is far from over

Tristan Wolusky, during his sentencing in Strafford Superior Court in 2015, (Rochester Voice file photo)

DOVER - It may have taken a jury just five hours to find Tristan Wolusky guilty of first degree murder in the 2014 death of a Madbury teen, but the appeals process including his demand for a new trial is far from over.

Wolusky, 23, formerly of Lowell St., Rochester, who was convicted as the murder mastermind in the killing of Aaron Wilkinson during a botched drug robbery outside his Madbury home, is now claiming his defense lawyer at trial was ineffective. Wolusky was granted new counsel during a telephonic hearing this week in Strafford County Superior Court as his appeal moves forward.

"The case was going to go to appeal and Mr. Wolusky was going to go pro se (defend himself), but he then asked for representation," Assistant Attorney General Peter Hinckley said on Thursday.

Hinckley said Wolusky's apparent claim during the appeal process will be that his trial lawyer was "constitutionally ineffective."

Wolusky has been fighting his conviction since the jury found him guilty in October 2015. In September 2017 Wolusky's request for a new trial was denied in a 26-page ruling handed down by Strafford County Superior Court Judge Steven M. Houran.

In the ruling, the state laid out its reasoning behind the rejection, including the lack of credibility in the appeal testimony of Wolusky's co-defendants, Zachary Pinette, of Springvale, and Michael Tatum, of Barrington.

Wilkinson, 18, of Madbury, died during a June 2014 botched robbery by Wolusky, Pinette and Tatum aimed at stealing drugs and money. He was stabbed and struck with a machete more than 20 times, according to a coroner's report. The three then dumped his body by the side of Long Swamp Road in Lebanon, Maine.

In his decision, Houran cited that, "there are numerous reasons not to credit Pinette's assertion that he provided perjured and inaccurate testimony at Wolusky's" first-degree murder trial."

Testimony during the appeal revealed that both Pinette and Tatum had said that "no one should do life (in prison)" and Pinette had said he still considered Wolusky a friend.

Also during the appeal it was learned that Wolusky, Pinette and Tatum had ongoing contact with each other inside prison which gave them ample opportunity to concoct a scheme to benefit Wolusky.

In his decision, Houran noted that "Pinette's personal relationship with Wolusky and his fear of being labeled a "rat" suggest a strong motive to help Wolusky and change his testimony."

Pinette and Tatum both got 30-year sentence with the possibility of parole, while Wolusky got life without parole.

Pinette and Tatum received the lighter sentences for turning state's evidence against Wolusky, the purported ringleader.

Hinckley said on Thursday the next step in the appeals process will come in May when another telephonic hearing will be conducted to see whether any hearing before the court would include witnesses, oral arguments or both.

Wolusky, Tatum and Pinette are all currently serving their terms in New Hampshire State prisons.