@jamespilcher
Back in Pike Co. for monthly hearing for Billy Wagner in
#pikecomassacre case. Unknown what to expect but judge previously issued list of topics - including possibly making this a bench and not jury trial. Starts at 10 and streaming on
@local12
Court in session - visiting judge Hein saying he wants hearings to be productive. 2-3 subjects today including amending bill of particulars (charges), firearm specs, and motion to sever other charges.
Prosecution wants to change what's in the indictment based on previous evidence in trial, including the actual address of one of the crime scenes (which is in Scioto not Pike County).
Canepa says she wants to make the indictment more accurate based on what happens. Defense says the timing is questionable.
Hein will issue a written decision - says he needs to decide if prejudice against defendant. Wagners lived in three different places over course of events, lived in Adams County when murders happened. Moved to Scioto. Evidence destroyed in Adams but hidden in Pike.
Now on to other acts - or alleged crimes possibly not prosecuted by the family - can be admitted. In George's trial it came out family burned down houses, crashed cars, for insurance money and committed forgery.
State wants to show family as long-standing "criminal enterprise" that made next step to the murders.
Defense wants to wait for arguing and severing out some charges, but Hein wants to push ahead. Defense wants tampering evidence, forgery (of custody documents), interception communications (hacking into social media) charges dismissed and severed out.
Defense says Billy Wagner was not involved in those crimes etc. Charges 15-20 is what they want dismissed.
Canepa points out he still faces complicity and conspiracy charges and could be brought under that.
Hein says he's told lawyers he does NOT want this trial to go 10 weeks like George's. Says there was lot of evidence in last trial that may not be as relevant.
Motion from defense due in 2 weeks, and then prosecution response due 2 weeks after that on other acts/severing charges.
Now arguing over how court will handle jury view if venue is changed. Hein ruled it should be moved, but victim's family appealed and waiting on that decision.
Defense says jury view might not be relevant because so much has changed since crimes occurred in 2016.
In addition to venue appeals decision that's due, prosecution also has appealed Hein's decision to remove death penalty from Billy. Trial can't take place until that happens.
Defense asking for permission to get Billy a specific hearing aid during the trial - he's having issue clarifying words, it's not a volume issue.
Defense lawyer Marc Collins also asking about judge Hein's voir dire jury selection process.
Hein says he will be assertive and lawyers will know what they can and can't do very clearly.
Defense lawyer Hayes asks for help with logistics and possibly nail down trial dates even with everything on hold.
Hein says we're kind of "in limbo or purgatory whether you think we're being punished." But hard to schedule given the current situation with appeals court.
Defense's Collins going through the list Hein put out on possible issues. Doesn't mind remote witnesses, but Billy still wants to go through jury process at least for now. Two sides will come up with list of stipulations, or agreed upon facts.
Hein addresses Billy Wagner - Billy says he is legally deaf in one ear. Says he didn't hear much of today's proceeding.
Hein now brings up plea negotiations. Just saying he's checking on whether it's happening or not. Asks Billy if he knows the sentences of Jake and Angela. Billy says he did learn that.
Defense lawyer says the only friction happens with Billy on possible pleas between what Billy wants and their duty to negotiate and bring offers.
Canepa asks Hein if he would let them know if a plea deal would be abhorrent to him or if he could go along. He says he's never committed on the record but will eventually give hints etc.
Hein says he will tell lawyers what he's thinking but wants to make sure no errors made in trial.
Billy Wagner hearing