@pattinewberry
Back in
#PikeCountymassacre with a hearing for
#BillyWagner starting now.
Judge Jonathan Hein is taking up two matters: "Other acts evidence" and death penalty.
Mark Collins, attorney for
#BillyWagner, said he received the state's response on the "other acts" question to after midnight. That refers to other potentially criminal actions Wagner may have taken in the past - which he wants to keep those OUT of his upcoming criminal trial.
As the
#BillyWagner hearing gets going, news from an online site that tracks inmate locations.
#AngelaWagner, sentenced this morning to 30 years without parole for her role in the
#PikeCountyMassacre, has been moved out of Delaware County jail. New location TBA.
On
#BillyWagner, the state is trying to get "bad acts evidence" into his upcoming trial to influence the jury, his lawyers argue.
In response, prosecutor Angela Canepa conceded that some of the bad acts evidence presented in the 2022 trial of George Wagner IV would NOT be used in
#BillyWagner's trial.
Canepa said Billy Wagner's role in his family will be relevant in his trial. "They have a definite playbook when it comes to dealing with the women," she said. That included victim Hanna Rhoden, who shared a child with Jake Wagner that the Wagners wanted custody of.
On the question of death penalty, should
#BillyWagner be convicted in the
#PikeCountymassacre case, Hein said he took it off the table earlier because the attorneys indicated they were negotiating to that. Canepa appealed that decision to the Ohio Supreme Court.
Hein invited Canepa to offer comment on why she wants death penalty to remain under consideration. But co-attorney Ron O'Brien said he did not believe the prosecution could offer more argument since the matter is now before the Court of Appeals.
On the "other acts" question, Hein said those decisions will be largely be made at trial. He noted several times that he wants the case forward to "move the trains on time.”
When Hein gets a decision from the Ohio Court of Appeals on the death penalty question, "I don't expect to give you a lot of time" to start
#BillyWagner's criminal trial. Collins asked for a timeline, as he has another large case in March. Hein did not provide.
Hein did not reveal a venue or date for
#BillyWagner trial.
.
#BillyWagner sat at the defense table as attorneys talked about scheduling matters, off the official record, with Hein.