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Mastin charged with felony perjury

By Staff | Feb 2, 2020

It took a Faribault County District Court jury three hours to convict Allison Ann Mastin, 37, of Blue Earth, of one felony-level count of perjury.

The jury did not find Mastin guilty of aiding an offender by obstructing an investigation.

She was facing the charges after she stated under oath during a July 2018 omnibus hearing for Wyatt Eugene Tungland, who was facing charges in a high-profile 2017 assault, that Tungland could not have been at the location of the assault because he was at her home with her daughter during the time of the incident.

Mastin’s attorney, Gary Gittus, explained in his closing statements that Mastin was merely trying to help by voluntarily talking to the police at length with regard to Tungland’s whereabouts the evening of the assault. He stated Mastin never stated Tungland was at her home the entire length of the assault, but was in Blue Earth at some point during the evening.

In the state’s closing statement, Assistant County Attorney LaMarr Piper told the jury there was “substantial proof” of perjury and obstructing an investigation.

“Tungland gave two statements to police on Oct. 19, 2017. He admitted to his presence at the five-hour-long assault and gave plenty of detail to prove his presence. If you have a true alibi, you say it. It’s your ticket of proof you were not involved, but Tungland wouldn’t say it. He was there. He saw it all. He never made a claim he was elsewhere,” said Piper. “From the beginning of this horrific incident up until now, Wyatt Tungland never said he lied to police about where he was. He never withdrew his statement from the police, and he ended up with a conviction. Miss Mastin did this on her own. It was an honest, nine-page mistake on her part and a real disservice we have to our system. This is a case of bad intentions going really bad.”

The two day jury trial began easily enough, but on the second day, Friday, Jan. 24, the trial was delayed for approximately one hour. According to court records, Mastin was arrested Thursday evening for a misdemeanor-level domestic assault charge and was incarcerated overnight in the Faribault County Jail. The reason for the delay of the trial was so a bail hearing could be held for Mastin.

After the delay, court recommenced and the final witness took the stand, the court was informed that Mastin desired to not testify on her own behalf.

Once closing statements were complete by both sides of the table, the jury went into deliberations for approximately three hours.

Mastin’s sentencing is scheduled for March 9. Felony level perjury carries a maximum penalty of five years in prison, a $10,000 fine, or both.

“Despite the guilty verdict, Miss Mastin maintains her innocence,” Gittus shared with the Faribault County Register after the verdict was reached. “We feel the verdict was not correct. She should have been found guilty of both charges or not guilty of both charges. We plan on filing a motion for a new trial, and I expect that motion will be granted.”