https://www.wcpo.com/news/pike-county-massacre-suspects-could-face-new-accusations
Jake outside court headed back to jail. Billy "complaining" to his attorneys in court. WCPO
On Monday during a hearing, Billy Wagner's defense team said they plan to object to each of the 34 pieces of evidence submitted by prosecutors for consideration. Defense attorney Mark Collins said they plan to question some expert testimony on pieces of evidence that the state wants to include as well.
"They do not have an actual firearm that was allegedly used in this situation," said Collins. "They have shell casings they found at numerous scenes, your honor. Then they are compared to shell casings found on my client's family property some two years later."
"Mr. Wagner (Billy) has some frustrations," said Collins. "The fact that he's been incarcerated for 29 months and does not have a trial date, he would like a trial date. We've talked to him about that...he just wants the court to be aware that he would like this to go as fast as possible under the reasonable constraints."
Marty Pinales, a local defense attorney who is not affiliated with the Pike County case, said it's not uncommon for so-called "other acts" evidence to be presented for consideration but typically not everything makes it to trial.
"Prosecutors sometimes will go out on a very thin limb when they're preparing a case because they get so wrapped up in their case that they think that the person is very bad and they have the duty to bring it to the attention of the jury."
He added that prosecutors also often "sling it and see if it sticks to the wall."