The defense delivered their closing arguments to the jury Tuesday as the trial of a man accused of killing eight people in Pike County begins to wind down.
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11/29/22
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The recordings made of the Wagner family — particularly the recordings from the R&L truck Jake and George drove together — should be re-heard as the jury thinks from George's point of view that BCI was trying to frame his family for the murders, Parker urged. With that perspective, the recordings take on a different meaning, said Parker.
"Look at the evidence, take time to understand it, look at it from George's point of view," he said.
He pointed out the jury never heard George's interview with BCI at the Montana border, despite the prosecution citing it regularly during their cross examination of George.
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The prosecution's rebuttal
As for the deals made with Jake and Angela, Wilson said dealing with them was "distasteful" but necessary. Without Jake's confession that led investigators to the murder weapons in the concrete buckets, the marijuana and drug operations Chris Sr. and Kenneth were involved in lingered as a possible motive they believed the defense could use.
"But when Jake led us to the guns ... no longer could they use that defense," said Wilson. "It destroyed that defense and it destroyed all the rumors you heard in the community."
From there, no longer were there suspicions surrounding cartel involvement, a fight Chris Sr. had shortly before the murders with someone who'd threatened his whole family or "the dirty sheriff who's now in prison," said Wilson.
Angela's deal was crafted so investigators could determine whether Jake's statement was credible and, ultimately, her confession independently corroborated his, Wilson said.
"They only way that happens without her knowing what he said is if they're telling the truth about what they observed, what they knew" said Wilson. "That's the only way that happens."
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As for why the jury never heard the recording of George's interview at the border, Wilson said that was a strategic choice made by the prosecution in order to nudge George into taking the stand.
"If we play that interview, he doesn't take the stand and we never get a shot at asking him questions," said Wilson. "We don't play that and the only way he can get what he's trying to say in front of you is by taking that stand and subjecting him to cross examination."
George did, ultimately, take the witness stand and endured cross examination; Wilson said he was curious to know if the jury had noticed the telltale signs the defendant had been coached.
"Why do you do that unless your answer is something other than the truth?" said Wilson.
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Wilson concluded by reminding the jury that the state does not have to prove its case beyond "all possible doubt," only beyond reasonable doubt.