Wolusky murder mistrial try may hinge on co-conspirator's immunity plea

Convicted murderer Tristan Wolusky waves to the courtroom while getting ready to be escorted out by Sheriff's deputies after an August hearing in Strafford County Superior Court.. (Lebanon Voice file photo)

DOVER - The protracted appeal for a new trial for convicted murderer Tristan Wolusky continued in Strafford District Court on Tuesday, with defense attorneys seeking to determine if one of Wolusky's convicted co-conspirators in the murder will be given immunity if he testifies at an upcoming hearing which will try to determine whether Wolusky's conviction should be tossed.

Zachary Pinette, 20, of Springvale, is currently serving a 30-year sentence for his involvement in the killing of Aaron Wilkinson, 19, of Madbury in a robbery for drugs and money that went awry in June 2014. It is Pinette's testimony that defense lawyers for Woluksy hope will pave the way for a new trial for their client.

Pinette, along with Michael Tatum, 22, of Madbury, both pleaded guilty to second-degree murder in the brutal slaying of Wilkinson, but received 30-year sentences that allowed for parole later in return for turning states 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 of this year defense lawyers put forward that both Tatum and Pinette sought to recant their testimony, pressing the court for a new trial.

But at those August hearings seeking to recant their testimony and give exculpatory testimony for the benefit of Wolusky, Tatum told the court they had lied in those new statements seeking to aid Wolusky.

In fact, on Aug. 15, 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.

In the affidavit presented to the court and signed by Tatum on March 16, a series of statements were written down by the defense team, which Tatum was asked to review and make corrections.

Among those were statements that Wolusky did not hold Wilkinson down while he was being stabbed and that Wolusky never told Tatum or Pinette to kill Wilkinson.

During testimony, Tatum said he assumed the defense team reviewing the affidavit with him knew he was lying.

Tatum said he, Pinette and Wolusky agreed to the scheme early this year while standing in an outside area at the men's prison in Concord called the "cages." He said Wolusky also advised him about the plot while playing basketball on an outside court near Tatum's cell window.

He said he was promised money and protection for helping Wolusky, whom he said he still considered a "friend."

"In February we were all together in the "cages" and decided to lie," he said, adding later, "No one should have to do life. I was lying; I was trying to help my friend."

Pinette, for his part, only took the stand for a short time before the Aug. 15 hearing ended, saying that "some of the testimony during the trial was not accurate."

In his affidavit recorded earlier this spring he said, "I did not see Tristan Wolusky with either a knife or a machete at any point after Michael Tatum, Mr. Wolusky, and I got out of the car in Aaron Wilkinson's driveway."

Wilkinson, 18, of Madbury, died during a botched robbery by the three aimed at stealing drugs and money. He was stabbed and struck with a machete more than 20 times, according to a coroner's report.

His body was later dumped along Long Swamp Road in Lebanon where a woman walking her dog found it later that day.

A decision on whether to allow Pinette immunity is expected to be determined later this month, with the next hearing not likely till January.