James Pilcher
@jamespilcher
Good morning from Day 22 of the Pike Co murder trial of George Wagner IV. First up - hearing on whether defense can introduce the 4-5 hour interview with Jake Wagner. If judge doesn't allow it, it will be BCI agent Jennifer Comisford, who interviewed Angela Wagner.
Canepa says the interview with Jake had no impact on the investigation. They had already identified Wagners as suspects and put taps on their phones and in their SUV.
Also argues law precedent says only prosecution can introduce statements by defendants or co-defendants as part of the conspiracy rules
Canepa: Nothing that Jake Wagner said that day that led to any extra investigative steps.
And how to you sort through 5 and a half hours of interview to find out how it changed the investigation. Also Jake denies it and denies that family did it - calls it disingenuous approach to try to get something into evidence not allowed.
Judge asks why statement needs to be introduced. Not impeaching Scheiderer during cross-examination.
Parker for defense: this goes against the state's case, especially since Jake and Angela have pleaded guilty to conspiracy.
Also argues defense has a right to complete case and that jury needs to be able to determine reliability. And prosecution said previously defense could introduce it during their case.
Says state conceded it could be used, but that prosecutors were upset with the timing. Concedes Jake and Angela had conspiracy at Montana border. But not conceding George was part of it.
Judge denies request to play the recording. Says it could be impeachment later on but not now.
Nash now arguing they shouldn't be able to now play the entire interview of Angela Wagner. On it she agrees she bought the shoes "for her boys."
Wilson for prosecution argues prosecution should be able to introduce co-conspiracy statements - including Angela Wagner.
Judge says defense should bring it up with objections in front of jury.
Nash is trying to get the statement from Angela "I bought those (shoes) for my boys" excluded. Says it doesn't show furtherance of conspiracy.
Want to play all 2 hours of the Angela interview. Canepa says that initially Angela denies buying shoes, then she admits she bought them for her boys but threw them away. That entire statement shows cover up.
Now Canepa objecting to defense bringing up Jake's proffer/confession. Gets as testy as it has ever been during the trial. Nash also says the defense is not conceding there was a conspiracy.
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