Back in Pike County for arguments on whether to move Billy Wagner’s trial in Pike County massacre case. Hearing set to begin at 1 and we’ll stream on @local12
All lawyers now in chambers - special prosecutor just now filed her response to change of venue. Waiting for public arguments
About ready to begin - they just brought Billy in and family is here. Remember it's streaming on
@local12 - they brought the court recorder into chambers for a few minutes to get something on the record
This is Judge Hein's third hearing since taking over the case. He's the third judge to hear Billy's case.
Statements argument now - about Billy's interview with BCI in Kroger parking lot early in investigation as well as his statement at Montana border - not going to use second one. No motion arguments needed. Now onto witness list - initial from state is 350 people.
Special Prosecutor Canepa going to issue a smaller pared down witness list by 10/14.
Defense lawyer Marc Collins says he thinks actual list will be less than 60 because they will stipulate or agree to a lot more evidence than in George Wagner IV's trial.
Now onto discussions of "other acts" evidence - not necessarily convictions but other stuff Billy and family may have done to indicate criminal intent. Was a big deal in George's trial as well
Hein explains why back in chambers beginning - helps boil it down and summarize so it helps make record cleaner and boil down to 10 minutes in open court.
Now onto change of venue - defense argues media attention is growing even since earlier hearings. Hein pushes back by asking who says this is largest case in Ohio history. Also asks "should I not at least try?”
Defense brings up fact that Hein previously moved cases out of Darke County because of sheriff's statement there. Cites statement of previous prosecutor (and now judge) after George's conviction
This is the second try of Billy's lawyers to get case moved out of Pike County. Says all these statements and attention makes it prejudicial.
Defense points out only 17k registered voters in Pike County - wouldn't fill Columbus Crew stadium. Says logistics of seating second jury in massacre case would be impossible. Would also be difficult to try and then have to move and get another courtroom elsewhere
Hein addresses Billy Wagner directly - saying not necessarily afraid of 60-90 day delay given how long it's already been.
Says this case is similar to the two Hein moved out of Darke County.
Prosecutor Canepa now arguing that we shouldn't even be here. Nov. 4 2023 argued in front of Judge Corbin - who decided to keep it in Pike Co. on Nov. 20 2023.
Canepa: even if issue raised again, state's opinion is that ship has already sailed.
Says feels disingenuous for defense to argue too much publicity and then have them talk to media after hearings
The jury pool in Pike Co more than registered voters - also use registered drivers to open up more options. Went through 164 jurors to get 70 candidates down to 12 jurors plus alternates.
Judge Hein now likening situation to OJ Simpson trial - hard to find someone who hasn't heard about it. And asks would you probe to find out what they knew was accurate.
Edit: additional posts:
Canepa brings up George Floyd murder trial and national attention. Hein says that's about bias not knowledge of case.
Canepa says there may be evidence in this trial not in George's trial and vice versa.
Hein says if he rules differently than previous judge and moves trial, it's not indication of previus judge Corbin's judgement.
Hein allows defense lawyer Stevens to have another statement. She says this issue would have been brought up again even if Corbin was still there.
Canepa one last point - logistics - many of the pieces of evidence including murder sites are here. Hein says not an issue.
She also brings up issue of victims' families. Says they all were in court for George's trial. Big hardship on family and also local witnesses to travel.
Hein says would pay to make it happen - this job is not always easy he says.
