@jamespilcher
Getting set to begin oral arguments in Ohio Court of Appeals for Pike County massacre conviction of George Wagner IV here in Chillicothe -streaming on
@Local12 - should be starting in 10 minutes or so
A Pike Co jury convicted George on all counts in November 2022 for the murder of 8 members of the Rhoden and Gilley families ... evidence and testimony indicated he didn't actually kill anyone but his family members did. He's serving life in prison without parole
Appeal was filed almost immediately afterwards. Main arguments from Wagner's lawyers - other criminal acts by he and his family should not have been admitted, and death penalty plea deal with his brother was inappropriate and not used correctly.
Wagner's appeal lawyer Lewis Groob starts with saying trial was unfair from the start. Says defense did not get access to full record of confession of Jake and Angela Wagner.
Groob saying Wagner denied due process by plea deals given to Jake and Angela Wagner. Says it put decision of what is true in hands of prosecution - not a jury. Jake's deal stated death penalty would be removed if he testified to satisfaction of prosecutors.
Judge asks what would have happened if Jake didn't testify at all or lied? Would death penalty still on the table? Defense lawyer says prosecutors used it as a cudgel to get testimony they wanted. And didn't remove it until late in trial after testimony.
Groob - trial would have looked as same as any other criminal trial because you never know what you're going to get from witness in criminal trial.
Groob: inappropriate that prosecution had final say over whether death penalty should remain in place and what was true. "That was wild."
Correction: It's Lewis Grube who is giving oral argument.
Judge Smith: isn't that how all plea deals work by determining truth? Grube says no - different than normal plea deals because it was about lifting death penalty not about getting conviction. And normally, prosecution would go to judge to raise alarm about perjury
Grube moves on to defense not being able to see mental health records of Jake Wagner, the brother who testified against George IV and who cut the plea deal.
Final point is about what Grube calls prosecutorial misconduct - the last thing jury heard in closing arguments was that defense lawyers "they know he did it ... they know he's guilty." That was in redirect by prosecution before case went to jury.
Now up Steven Taylor for the prosecution. Says plea deal was fine legally under contract and due process hybrid laws.
Also says truthful testimony provisions are common in all criminal cases. Says it's not coercive
Taylor: do not also rely on the removal of death specs from Billy Wagner's trial by visiting judge Hein - as it's also under appeal and unreliable.
Defense raised question about jurors - who may have known Rhodens. Taylor for the state says it was in passing ... and one juror at one point bought something to raise money for victim's families and did not go to funerals.
Seth Gilbert now for prosecution - says subpeonas for mental health records clearly a "blantant fishing expedition" and crossed into attorney-client priviledge
Now onto prosecution misconduct: The judge upheld an objection by defense at time and told prosecutors to stick to the facts. Was defendant coached? Gilbert says it was a fair comment to make - and no objection at the time.
Now rebuttal by Grube - why was death specs removed for Jake immediately, and not for George? That wasn't fair?
Also says judge should have granted subpeonas for health records ... and then determined whether they should be allowed.
Grube argues that Jake relinquished his rights by agreeing to testify - and that should have been an area to explore by defense - "George was fighting this with his arms tied behind his back"
That;s the end - now under advisement - usually takes about 60 days for a ruling. Full coverage tonight at 5 on
