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Yes, it's been quite a ride. Will never forget the Topix boardNice to see you all - still - paying attention to this Case and also - still - sharing information with all of us. Much appreciated.
I am confused on the appeals court upholding the judge's ruling to move the trial out of Pike County. Last I knew or could see in the court view notes is that the appeals court sent it back to the Judge to hear arguments on it, which he did. He has not announced that decision yet that I know of or have ever heard. Technically since his first ruling is still in effect it will be moved but he has never ruled on the arguments from that hearing for and against moving it (that I know) I thought that was still outstanding until his 2nd ruling. Can anyone clear this up for me.Back in Pike County for first hearing for George “Billy” Wagner in nearly a year. Visiting judge could rule on when and where trial will occur. Watch livestream on http://local12.com
As a reminder, an appeals court overruled visiting Judge Hein and restored the death penalty for Billy Wagner last month. The court upheld his ruling to move the trial out of Pike County - but it has yet to be announced where.
We're running through all the outstanding motions - which is quite a stack. One of other big things to be decided is whether "other acts" such as criminal behavior not directly associated with murders
Now discussing whether a jury view is necessary especially with defense stipulating a lot of evidence, and especially if judge moves the trial.
Wagner's defense lawyer announces intention to appeal the death penalty decision to Ohio Supreme Court ... which will slow down the trial even further. They have 45 days after the appeals decision from late January. Supreme Court could decline to hear the case as well.
Defense still trying to get rid of death penalty under constitutional/humane grounds
Prosecutor points out all of Wagners faced death penalty initially.
Canepa: State should be trusted to act in good faith when it comes to taking death penalty off if and when Jake Wagner testifies against Billy "truthfully and consistently." Defense: What if something happens to Jake before trial?
Both sides say they want individual voir dire when selecting jurors for death penalty case. Both want to go into what is the law, and what history of death penalty has been.
By that they mean interviewing possible jurors one at a time, and not in groups.
That's how they did it for trial for George Wagner IV.
Now discussing possible trial dates. It would be five months if Ohio Supreme Court does not take death penalty appeal ... 6-12 months if they do take it. Supreme Court takes between 1-2 percent of appeals.
Defense says October could be possible. Prosecutor: fall date would get past Supreme Court decision on taking up case, and adjustments could be made afterward if appeal is taken.
Going off record into chambers to discuss how plea deals could work. Defense has been pretty adamant saying that probably won't happen.
Back on record: Judge indicates plea talks are indeed going on between prosecutors and defense.