Discussion in 'Trials' started by tlcya, Jul 29, 2017.
They have every single one of Jake's statements on video. So if something "happened" to Jake the Prosecution still has his statements to present to the 12 jurors and the alternate jurors.
If anyone thinks it would be a piece of cake to waltz into the Franklin County jail
and take out a testifying witness I have property for sale (in a swamp ) for you.
I would say that JW is in protective custody right now, for one reason (Other Acts) it talked about Drug Trafficking so if JW told LE about the murders, I would bet he told about the family business and there is no telling how high it goes in the drug world and the corrupt local government in that area, remember this crew where cross country truck drivers that hauled horses also, it has been known in the drug world that you could hide a lot of drugs inside a animal, JMO
Just wondering how it would work if something was to happen to JW, would the removal of the death penalty for the remaining Wagners be off the table ?
I have a feeling you could be right. That whatever Jake knew about Billy's drug running he would have told prosecutors. Truth is, once you start spilling your guts you often times end up spilling everything.
Then there are some mentions of people in prison in some of the Discoveries. So Jake knew a thing or 2.
I think if Jake's information reached high enough he could jeopardize himself in prison.
He is already seen as a snitch for "ratting" out his family. You don't want to cross the gates into general population already labeled as a rat. For that matter as a woman killer and executing people who are simply in bed.
Protective custody in maximum security prison is the worst of the worst.
Edward Jacob Wagner is the worst of the worst. "Great" job Angela and Billy.
I still think Jake's testimony would be presented to the jury.
The 3 Wagners left would still have the DP removed because there was no indication that Jake wasn't going to come through with his promise of testifying.
But this Case is unique and not written "in stone" so who knows wtf would happen?
Be a flurry of Motions in the least. Crazy a$$ Case.....
Agree with everything you are saying.
My concern is if Jake can keep his stories straight while testifying.
That's up to the prosecution. It would probably be the end of Jake's agreement. If thats the case, the other 3 Wagners can still ask their attorneys to negotiate their own deal with Angela Canepa. JMO.
Watch the Bond Hearing again how Canepa directs all the questions.
Very direct, very specific. Anyone on the stand will get forgetful, confused, tounge
tied and might have trouble getting their stories straight.
But having a good prosecutor like Canepa means she will help keep all of Jake's stories straight.
A long time ago I had to take the stand in front of a full gallery and all the jurors and my mind went totally blank. Couldn't remember a thing, was scared half to death, literally shaking.
Then the prosecutor asked my name and from then on I simply answered all the questions one by one and ended up doing a pretty good job. I have been interested in trials ever since.
She is really good. She knows everything she and the witness are going to say in advance.
I got a reply from the wonderful @PrairieWind regarding Billy Wagner's attorneys recent filing to Judge Deering, asking him to make the prosecution give them a promise in writing that the death penalty will be waived.
Here's the reply:
Hi there. So this is weird. The Judge has no authority to "take the death penalty off the table." Only the prosecutor can do that. If they have asked the judge to do so, that tells me his attorney's have not been successful with the prosecutor. I suspect these cases will actually go to trial and the chips will fall where they may. Ohio isn't executing anyone anymore so the death penalty threat is largely moot anyway.
JMO, I agree it seems like Billy Wagner's attorneys already approached the prosecution to give them promises they'll take the DP off the table and they refused.
I think it was G4 attorney that also commented in one of his two previous hearings that the prosecution had not taken the DP off as agreed. I think they may be asking the judge to set a time limit for the prosecution to do so. I think the state will have to do so before trials unless something turns up to be untrue in JW confession.
It can be put back on if he does not hold up to his agreement. If they found an error or mistake on the part of the state, some how (which is doubtful) I wonder if the state would not be able to put DP back or would not be able to use any of JW evidence, confession etc.
She may be still investigating some of JW statements, evidence or claims from his confession and does not want to take the DP off or hand over the proffer yet.
I read some of the cases cited in the motion by the defense lawyer but it did not give me much insight as a lay person.
I'm assuming they already checked out and verified all of JW's statements. After 5 years of investigating the case, they know all the details by now. ICBW, but Jake just verified much of what they already knew - with the exception of the hiding place for the guns and vehicles. I keep reminding myself, DeWine is up for re-election soon and he's not going to leave anything to chance. He probably insisted on seeing everything and (unofficially) approving the plea deal. The DeWines are a family of prosecutors and judges.
I doubt AC will let them see Jake's agreement. That gives too much info to the other defense teams. Also, it's not official until the trials are over.
I think they're just waiting to see who decides to go along with Jake's deal and negotiates their own with AC. Leave them dangling out there without any more information or promises until the make a decision.
He is a liar and a murderer so I would not put 100 percent into everything he said in his confession. He did know the evidence they had against each of them before his confession. If there was not much evidence against one or more of them he could have used that to their advantage to claim to what degree they were involved.
The state may not think that it happened exactly how he said it did. There may parts of it that they are skeptical about. Just because he said it does not make everything he said true.
I think the proffer may be considered discovery in the cases of the other three and would have to be turned over.
True, all the state really state needs is for Jake to corroborate "we got all the weapons and we got in the cars and went to the homes and killed the Rhodens and Hanna Gilley". The state already has enough solid evidence to prove that happened and who was involved. The "conspiracy" part is already shown in the evidence they gathered, as is the pre-meditation.
Because they have proof of the "conspiracy" charges against all 4, they don't need to prove exactly which Wagner shot which gun or killed which victim. The conspiracy charge makes them guilty of the murders for just being a part of it all.
They helped plan it, they didn't try to stop it, they helped cover it up = guilty of murder.
To get an acquittal, they would need to be able to show that they didn't know the silencer parts and brass catchers and night scopes were meant for guns to kill the Rhodens or that all their conversations on text, email, etc. were about killing someone else, not the Rhoden family. All the security cams, and other items they're seen taking from the Rhoden properties was done without the intention of murdering the Rhodens, etc. etc.
Has a "proffer" ever been considered part of discovery evidence? We can ask @PrairieWind.
New info posted today on court view concerning BW .
I don’t know how to post it here.
IMO Billy is nervous and may going to do a deal. And either the court scheduled a hearing regarding the motion , and it’s standard court procedure. Or Deering is going scold him and his lawyers.
Not sure, but it looks like this Motion 51 is asking the judge to make the prosecution dismiss the death penalty specifications against him. If so, the Judge can't do that. The prosecution probably has refused to do that.
07/19/2021 REQUEST FOR COURT-PAID EXPERT EXPENSES FILED
07/19/2021 DEFENDANT'S MOTION FOR SPECIFIC PERFORMANCE OF THE PROSECUTION IN DISMISSING THE MURDER SPECIFICATIONS AGAINST DEFENDANT GEORGE WAGNER III (MOTION 51)
07/19/2021 """"""""""""""""""""""""""""""""""""""""""" Judge: DEERING, RANDY D Event: ORAL HEARING ON MOTION 51 Date: 09/16/2021 Time: 11:00 AM
They made a deal with Jake, not Billy.
REQUEST FOR COURT-PAID EXPERT EXPENSES FILED
DEFENDANT'S MOTION FOR SPECIFIC PERFORMANCE OF THE PROSECUTION IN DISMISSING THE MURDER SPECIFICATIONS AGAINST DEFENDANT GEORGE WAGNER III (MOTION 51)
ORAL HEARING ON MOTION 51 ** 09/16/2021 11:00 AM