STATE OF OHIO -vs- WAGNER, III, GEORGE WASHINGTON
DEFENDANT'S MOTION FOR SPECIFIC PERFORMANCE OF THE PROSECUTION IN DISMISSING THE MURDER SPECIFICATIONS AGAINST DEFENDANT GEORGE WAGNER III
(Pages 3 & 4)
As part of the Defendant's agreement between the State and Co-defendant Jacob Wagner, Jacob Wagner agreed to testify at the trials of George Wagner IV, Angela Wagner, and George Wagner III.
In return, the State agreed to dismiss the "death penalty" specifications for Jacob Wagner and each of the Co-defendants that he agreed to testify against.
Defendant GW III is one of the named Co-defendants in this agreement and thus, a third party beneficiary who had a right of specific performance appropriate to effectuate the intention of the original parties to the contract.
In addition, the agreement indicates a promise by the State to give the beneficiary, GW III, the benefit of the promised performance. Therefore, Defendant GW III is an intended beneficiary to the Defendant's Agreement and has enforceable rights under the contract.
Despite the admission that this plea Agreement is governed by contract law, the State has failed to adhere to the basic contract law principals and is instead selecting to abide by it's own body of law authored by the prosecutors in this case themselves as they have informed Defense Counsel that they are not "yet going to dismiss the death specifications, as they are waiting to do so."
Yet, the State's desired timeline of the dismissals of the death specifications are nowhere to be found in the Defendant's Agreement that the State and Defendant Jacob Wagner have entered into.
The dismissals of the death specifications against ALL other Defendants in exchange for Defendant Jacob Wagner's AGREEMENT to testify as articulated by this agreement should occur before this Honorable Court proceeds with this case and further.
To further delay these dismissals of the death specifications is to further perpetuate the State's uncanny ability to continue to control the timeline of this case by abiding it's self-authored body of law that is neither rooted by the State legislature, by the State Courts, or by the Supreme Court.
Defense Counsel respectfully asks this Court to impose specific performance of the Defendant's Agreement between Co-defendant Jacob Wagner and the State of Ohio in dismissing "death penalty" specifications four, five, and six, contained in counts one through eight, in regard to Defendant George Wagner III.
Mod approved previously posted by CO
