My transcription of the hearing today.
Note: There may be errors. It was transcribed on the fly. Pardon grammar, some opinions, expletives have been deleted. My opinions are in parentheses w/ JMO
Some of the statements having to do with motions may have errors. Judge corrected himself a couple of times. Check the case file
George Wagner hearing 12/22/2021
George enters. Judge enters
Feb 2 9 am – another pre-trial hearing
Motion 61 – will be motion to exclude photos of guns, ammo, defense withdrawing
Other Acts – renewed as Motion 77 – state filed Feb 22 notice of intent to use Other Acts
Defense will file an objection to those. Will be filed before Jan 7, state respond Jan 21. Both sides can orally argue. Motions 75 and 64
Motion 73 – to dismiss murder and death penalty, oral argument today
Motion 62 – court denied
Motion 63 – government must reveal other agreements, motion was granted, court complied. State has continuing duty to provide any subsequent agreements
67, 68,69,70,
72
State met 70, motion re Jake’s mental health, quashed, satisfies motion 71
Reciprocal discovery, both sides granted, have until Dec 31
Transport Jake Wagner – state filed contra Def 75, defense replied. Court overruled motion to transport Jake. Court may consider depending on outcome of hearing today.
Admissibility of shoeprint evidence Jan 21 state has to file response
Motion 73 – Will be argued today. Some stipulations parties have entered into
Defense wants them to dismiss counts 1-8 and DP. Based on Jake Wagner’s proffer, according to Jake, George didn’t shoot anyone. Jake admitted to killing 5 and shooting a 6th. AC says Jake's entire proffer has different information about whether George shot anyone.
AC objects to discussion of any more evidence. Ask that court not consider it, according to stipulation they all agreed on. Apparently the defense is violating the stipulation. AC said defense trying to improperly leak information.
AC objecting again. Ask to approach. Defense keeps violating the rule. AC wants it on record.
(All of this should be heard at trial, defense trying their case in the news media) JMO
Defense exhibit one –
AC says court will not consider as evidence. Court sustains the objection. Court doesn’t want to try the case before the trial. He will allow them to talk about the exhibit, bits and pieces of Jake’s proffer.
(******** is trying to sway potential jury pool) JMO
Defense atty: These 10 snippets may not be the truth. Definite contradictory statements, also Jake and Angela Wagner.
Says its unfair to make GW subject to DP when Jake isn’t. (Just make him cut a plea deal). Defense asking that GW get DP off the table.
(JMO, they will use this same argument to get Billy off the hook) JMO
Claims state will dismiss DP for George eventually (not true, conjecture)
Judge asks if motion can be renewed.
Blah, blah, waste of state resources to continue to pursue DP against George.
Sounds like state doesn’t believe that Jake is telling the truth about George not shooting.
State has option to make a plea deal with George. They have made that offer and George rejected it. Defense says it doesn’t matter, George shouldn’t get the DP anyway.
George refused to make a plea agreement with the state
State is NOT stipulating that GW didn’t shoot anyone. Only according to Jake’s proffer
AC – made the same offer to all 4 co-defendants – Jake led to evidence, vehicle, details, etc. 12 hours. Offer was made available to all. Remorse is a factor court to consider. Sentence has not imposed sentence on Jake Wagner yet. If he doesn’t live up to the bargain, he will be subject to DP. Deal with devil, there are 4 devils in this case. Jake provided some peace to the victims, family, etc.
George Wagner stands the chance to get his DP charges dismissed. State hasn’t been capricious. Offered to all, same fair deal. Not grounds for reversal as long as a sentence is a legal sentence. It is in this case DP applies if jury recommends it. It’s a legal sentence. State vs Dean. OH Supreme Court ruled on it.
SCOTUS says DP is not cruel and unusual.
If Jake fulfills his end of the bargain, both he and George don’t face the DP. All treated equal. Complicity is treated the same principle offense, punishment is the same. Court not consider any references made to the motion. Not a complete rendition of what Jake said re his brother as a complicitor. Focusing on dispare treatment, were notified, Bill of Particulars also told them he could be prosecuted as a complicitor, DP specification also speaks in that language. Premeditated crime.
Asks judge to dismiss motion.
Judge – points of agreement, court may consider agreement made with Jake. Defense understands complicity argument. Says George never had intent to kill anyone (total BS JMO). AC says that argument should be saved for trial.
Court denies motion 73.
AC – Supplemental Discovery info. Dec 31. Change to Jan 7.
(Sounds like George Wagner turned down the plea deal in order to get pre-trial publicity about Jake’s proffer statements.) JMO
