Citing witness' lack of credibility, judge rejects Wolusky request for new trial

Tristan Wolusky is led from the courtroom during his appeals hearing. (Rochester Voice file photo)

DOVER - Saying recanted testimony is always regarded with great skepticism by the court and testimony by his co-conspirators during his appeal lacked credibility, a Strafford County Superior Court judge on Wednesday rejected convicted murderer Tristan Wolusky's request for a new trial.

In a 26-page ruling issued by Judge Steven M. Houran, 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, 19, of Springvale, and Michael Tatum, 22, of Barrington.

Aaron 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 the 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.

Defense attorney Mark Sisti tried to portray Pinette as a pawn to state's attorney Peter Hinckley who fed Pinette testimony during unrecorded pretrial interviews.

Sisti more than once requested that Houran disqualify Hinckley from the case based, in part, on the perjury claims between Pinette and Hinckley, but the judge denied the motion.

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 also 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 for their involvement in the killing of Wilkinson.

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

When Wolusky was convicted in the fall of 2015 for first-degree murder and sentenced to life without the possibility of parole, it appeared the case was finally over and done, but in August 2016 defense lawyers put forward that both Tatum and Pinette sought to recant their testimony, pressing the court for a new trial.

But at the start of those hearings in August 2016 Tatum told the court they had lied in those new statements seeking to aid Wolusky.

In fact, on Aug. 15, 2016, saying he thought no one should do life in prison and lured by the promise of money and protection, Tatum admitted he and Pinette agreed in prison to a scheme hatched by Wolusky to help him get a new trial.