James Pilcher
@jamespilcher
Good morning from Pike County BCI agent Perry Roeser - part of the first search of the Flying W - up on the stand first. LOTS of evidence to get through.
Before jury is brought in, defense argues firearms about to be introduced not involved in murders. Should not be introduced. But prosecutor argues guns were on list from Jake Wagner's form. To show it's not a wish list but an actual list - which included George's name.
Also wants to show how they were ruled out by BCI's Matt White. Judge asks about list on Jake Wagner's phone. Prosecutor: evidence shows it is not a wish list as George says. Instead shows actual guns they owned - including SKS under George's name
Canepa: "great effort by George" on recording on R&L truck wiretap to describe as wishlist and that he knew he was being recorded. Prosecutors say this is independent proof of conspiracy. And they found 9mm Beretta George bought just days after murders
Defense: Can't link the list to actual guns ... it was only a type of gun - it was created a year before the murders.
Defense: Doesn't matter that this is part of their investigation. Not relevant to trial - especially since Jake told them were actual murder weapons were.
Adds that all the guns used were recovered - but not being introduced today.
Prosecutors - not introducing them to show they had guns and were homicidal maniacs. Instead, they are showing guns that are on the list. Judge asks they haven't issued his denial that it is a wish list. Canepa says they haven't heard Jake's statement either.
Prosecutors say they are amenable to cautionary instructions to jury either now or when they get instructions before deliberations
Prosecutor Wilson - also need to show how we ruled these firearms out during investigation, and how to show George was member of consipiracy. The list and subsequent guns shows he's part of it.
Judge denies defense motion in limine - says he will issue caution at jury instructions that evidence/guns can't be used as propensity. Given later evidence shown George denies the list shows consipiracy.
Actually
BCI agent Ryan Scheiderer up first - led investigation. Starting with review of Peterson Road searches of Wagner home.
Was present at both - and he was the one who sent BCI agent to a Walmart to confirm what kind and size shoes were purchased.
A picture of the tag and shoes @Local12 both a size 10.5 and 11 were on the receipt
SKUs on the receipt matched that of the shoes - this was in a different Walmart from where they were purchased.
Showing the 11 and tread of 10.5 @Local12 SKUs matched both shoes
Scheiderer says BCI also looking for murder weapons plus those on list on Jake's phone as potential "contributors" to the murders.
Didn't find any - and they knew Wagners were moving to Alaska and couldn't take them across Canadian border. So they wanted to look at other places that could store guns, hence the Flying W Ranch where Billy Wagner was living.
First search of Flying W done on May 13, 2017. Scheiderer was there for that.
Scheiderer: After the second search, it was "out of the bag" that BCI was looking at the Wagners. State put out press release after the Wagners moved to Alaska asking people to come forward but didn't say anything specific about weapons etc.
BCI also asked for a special judge for the case to handle search warrants etc. and control information. All sealed in separate county
Didn't yet know what guns fired the .30 caliber or .22 long rifle rim fire bullets when Peterson Road search. BCI didn't identify the actual guns until July 2017.
Outlined his duties as lead agents to coordinate warrants, direct agents, have an ops plan etc. Then get information and findings and consult with others.
Onto cross examination - asks about items on the Walmart list - gas medicine, baby wipes, cough syrup etc.
Scheiderer recounts first meeting Jake at Peterson Rd. around fire pit outside in April 2017. Did not ask about homicides at that point. Then met him again May 3 when George, Jake and Angela were loading stuff up into trailer.
George left as soon as Scheiderer arrived at that point. Scheiderer says Jake previously told him they were moving to Alaska at some point.
At second meeting - they were storing their belongings at Brown property where they were eventually searched.
Scheiderer says both lied to him about the murders at that meeting. Parker asks about media showing up at second search. Asks if there are leaks? Scheiderer says BCI did not alert anyone - and perhaps a neighbor called when they saw agents show up.
Parker asks if BCI ever asked George for his phone. No. Now on re-direct: Scheiderer says Jake called the Alaska trip just a recon trip to check it out, not that they were going to move. And that Billy expressed reservations about going.
link:
https://twitter.com/jamespilcher
