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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.
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.
I think they have said in court that he would not agree to a plea deal. He probably wants a very good one and they cannot and would not offer him that. Maybe he thinks he going to be found not guilty and sail off too an island and drink pina coladas.Wonder if BW will take a plea, he surely must know he will be convicted if he goes to trial, may be looking at getting something similar to JW or AW sentence,
Discussions about a possible trial date in October and juror interviews regarding the death penalty took place, but the trial location remains undecided.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.
Feb. 7, Patricia Gallagher Newberry posted an article at Cincinnati Enquirer though its a paywall.That's the way I recall it, too.
Wagner's lawyers confirmed no plea deals have been offered, and Billy Wagner was seen shaking his head in court when the subject arose.Wonder if BW will take a plea, he surely must know he will be convicted if he goes to trial, may be looking at getting something similar to JW or AW sentence,
He did originally grant change of venue. I did not know he had announced his 2nd decision after it was sent back to him by the court of appeals to hear arguments. The appeals court is the one that sent it back to him to hear arguments on it. I must have missed something along the way in regard to his 2nd decision. I think he will change the venue. I had thought he had not announced his final decision yet because he probably cannot secure a venue without knowing when the trial will be. I would be surprised if an appeal is not made by TR attorney on the venue if it is possible to do so.I believe visiting judge granted the defense's request for a change of venue, ruling that the trial will not be held in Pike County due to extensive pretrial publicity (including George IV trial, 2022). This decision was upheld by an appeals court.
Appeals over the death penalty remain ongoing.
There are still open motions.
Billy Wagner returns to court for hearing for Pike County massacre