An attorney for a woman accused of lying during a hearing for a teen charged in the assault of a former Blue Earth Area football player is now requesting a contested omnibus hearing.
An omnibus hearing scheduled March 4 was canceled and now Gary Gittus has asked court officials to set aside one hour for a hearing on July 10 in Faribault County District Court.
“The defendant reserves the right to call any person in the police report and also (Wyatt) Tungland,” says Gittus.
Court documents show that a witness list of more than 10 includes:
- Blue Earth police officer Tharen Haugh;
- Winnebago police officers Emily Bonin and Jacob Pettit;
- Winnebago Police Chief Eric Olson;
- and Tungland’s co-defendants Blake Barnett and Dalton Nagel.
In court papers filed Feb. 15 in district court, Gittus sought to have the case against 36-year-old Allison Ann Mastin of Blue Earth dismissed.
“No probable cause exists to believe that the defendant willfully perjured herself under oath and aided the offender and obstructed the investigation,” Gittus contends.
Mastin and her daughter —- who once dated Wyatt Eugene Tungland —- testified during a hearing last July that he could not have been involved in the assault.
Under oath, both said that Tungland was at their house when the assault occurred in the early morning hours of Oct. 19, 2017, during a teammate’s house party in Winnebago.
Mastin says her daughter and Tungland fell asleep while watching a movie and that he woke up around 3:30 a.m. and left.
According to court papers, Tungland’s attorney did not tell Mastin about his client’s statement to police admitting to being at the party.
Court documents say that Tungland reportedly did not say anything about being at Mastin’s house any time that night.
Mastin is facing felony counts of perjury and aiding an offender by obstructing an investigation, which carry maximum penalties of five years in prison and a $10,000 fine, and 30 months in prison and a $5,000 fine, respectively.