Wilhite had been found guilty of killing Alberto Rodriguez in a 2010 trial with co-defendant Angel Hernandez; Hernandez is serving a life sentence without the possibility of parole.
Supporters of Charles Wilhite at January murder retrial SPRINGFIELD — Two witnesses in both murder trials of Charles L. Wilhite have been indicted for perjury alleging testimony they gave during different court procedures was inconsistent.
Wilhite was found not guilty in January of the fatal shooting of Alberto Rodriguez in October 2008 in front of the Pine Street Market.
Wilhite had been found guilty of that killing in a 2010 trial with co-defendant Angel Hernandez. Hernandez is serving a life sentence without the possibility of parole.
A judge in 2012 granted Wilhite a new trial in part because a key prosecution witness, Nathan Perez, recanted his identification of Wilhite as the shooter.
Perez, 22, of Springfield, was indicted Wednesday on two counts of perjury.
In the first count the charge says Perez said in the January trial he didn’t see who shot Rodriguez.
It said in the November 2010 trial he said he saw Wilhite shoot Rodriguez, which was inconsistent with what he said in January.
The second indictment charges Perez said in November 2010 he saw Wilhite shoot Rodriguez but in a hearing in April 2012 said he did not see who shot Rodriguez.
That hearing was on whether or not Wilhite should get a new trial, and resulted in Hampden Superior Court Judge Peter A. Velis granting the new trial.
Perez testified in the January trial as well as the April 2012 hearing city Police Officer Anthony Pioggia and another officer coerced him to identify Wilhite by threatening to charge him with accessory after the fact to Rodriguez’ murder if he didn’t identify Wilhite.
Perez had picked up shell casings from the street after the shooting and discarded them.
Pioggia testified he did not coerce Perez in any way.
Perez said he recanted that identification because he wanted to do the right thing.
The second person indicted Wednesday for perjury is Giselle Albelo, 28, of Springfield.
One indictment said she told inconsistent statements at the two murder trials. Another said she gave a statement in an October 2009 procedure (grand jury) inconsistent with what she said at the January trial.
The charges are that she originally said she saw Wilhite shoot Rodriguez, but in January said she did not.
Dozens of supporters of Wilhite, who had formed the group “Justice for Charles,” sat through the trial before Hampden County Superior Court Judge Constance M. Sweeney and attended all other court proceedings leading up to the trial.
No arraignment date has been set for Perez and Albelo.