Sorry - can't recall if this was already posted - so if it has - just skip over it!
from court site.
for GW3
03/02/2022 JOURNAL ENTRY -- On this 17th day of November, 2021, this cause came on for a pretrial hearing and for a hearing on pre-trial motions.
The Defendant was present in court and was represented by his attorney, Thomas F. Hayes, who is one of the attorneys who has been appointed by the Court to represent the Defendant. Also, present was Attorney Emily Enstett, who is a part of the defense team, but is not appointed by the Court to represent the Defendant in the present action. Attorney Mark Collins, the other attorney appointed by the Court to represent the Defendant in this matter, was unavailable today for reason that he was in trial in another court.
The State of Ohio was represented at the pre-trial hearing by the Prosecuting Attorney, Rob Junk, and by Special Prosecuting Attorneys Angela R. Canepa and David A. Wilson.
Also present for the pre-trial hearing was Special Agent Ryan Scheiderer, of the Ohio Bureau of Criminal Identification and Investigation ("Ohio BCI&I").
From discussions in chambers, it is the Court's understanding that counsel for the Defendant and counsel for the State of Ohio intend to have a meeting with each other away from the Court in mid-December, 2021, to discuss issues involving the case and to discuss scheduling.
Upon agreement of the parties, another pretrial is scheduled in this matter on Tuesday, February 1, 2022, at 1:30 o'clock p.m.
At the hearing held in this action on September 16, 2021, counsel for Defendant had asked the Court to hold in obeyance until the hearing to be held on this day (11-17-2021), the following motions of the Defendant:
Defendant's Motion No. 42, entitled DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL DAUBERT HEARING TO DETERMINE THE ADMISSIBILITY OF BALLISTICS EVIDENCE AND OPINIONS,
Defendant's Motion No. 43, entitled DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL DAUBERT HEARING TO DETERMINE THE ADMISSIBILITY OF SHOEPRINT EVIDENCE AND OPINIONS, and
Defendant's Motion No. 49, entitled MOTION IN LIMINE TO PRECLUDE OTHER ACTS EVIDENCE.
At today's hearing, defense counsel again requested that the Court continue to hold in obeyance, Defendant's Motions Nos. 42, 43 and 49 until the next scheduled hearing on February 1, 2022. Defense counsel indicated to the court that at the meeting that counsel for each party has agreed to have in mid-December, counsel anticipates being able to formulate a plan for scheduling these motions and also possibly to narrow the issues involved in arguing Defendant's Motion 49.
Special Prosecuting Attorney Canepa, on behalf of the State of Ohio, agreed to continuing the hearing upon Defendant's Motions Nos. 42, 43 and 49 until the next scheduled hearing on February 1, 2022, for the reasons stated by Defendant's counsel, and further indicated that the Defendant should file objections to any of the State of Ohio's proposed items of "other acts" evidence that the Defendant believes to be objectionable.
Concerning Defendant's Motion No. 45, entitled "DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL EVIDENTIARY HEARING TO DETERMINE THE ADMISSIBILITY OF ANY NON-TESTIFYING CO-DEFENDANT STATEMENTS THE STATE INTENDS TO PRESENT IN ITS CASE IN CHIEF," counsel for the Defendant had indicated to the Court at the hearing held on April 5, 2021, that defense counsel felt that it would be premature to argue such motion at that time, before the defense had received copies of all such statements through discovery.
At the hearing held on this 17th day of November, 2021, counsel for the Defendant indicated to the Court that defense counsel has received additional discovery from the State of Ohio concerning statements of co-defendants and that defense counsel is still in the process of reviewing such statements. Counsel for the Defendant requested that hearing upon Defendant's Motion No. 45 be rescheduled for the February 1, 2022, hearing and indicated that counsel for the parties would discuss co-defendants' statements at the meeting of counsel to be held away from the court in mid-December.
At the hearing held this day, the Court inquired of defense counsel concerning the status of the following motions of the Defendant:
Motion No. 44, entitled "MOTION TO REVOKE ANDREW WILSON'S APPOINTMENT AS SPECIAL PROSECUITNG ATTORNEY."
Motion No. 46, entitled "DEFENDANT'S MOTION FOR AN ORDER REQUIRING THE PROSECUTION TO PROVIDE A TRANSCRIPT OF AUDIO RECORDINGS IT INTENDS TO INTRODUCE AT TRIAL,"
Motion No. 47, entitled "DEFENDANT'S MOTION FOR AN ORDER COMPELLING THE STATE OF OHIO TO PROVIDE THE DEFENDANT WITH ALL FORENSIC REPORTS AND UNDERLYING DATA," and
Motion No. 48, entitled "DEFENDANT'S MOTION TO COMPEL THE PROSECUTION TO PROVIDE TRANSCRIPTS OF AUDIO RECORDINGS IT INTENDS TO INTRODUCE AT TRIAL."
Counsel for Defendant clarified for the record that Defendant's Motion No. 44 is withdrawn.
Concerning Defendant's Motion No. 46, Motion No. 47 and Motion No. 48, counsel for the Defendant acknowledged that after the filing of such motions defense counsel has received through discovery from the State of Ohio copies of transcripts of audio recordings, as requested in Motion No. 46 and Motion 48, and copies of forensic reports and underlying data, as requested in Motion No. 47. Counsel for the Defendant then orally withdrew Defendant's Motions Nos. 46, 47 and 48, but indicated that the withdrawal of such motions was with the caveat that it is the understanding of counsel for the Defendant, based upon the representations of counsel for the State of Ohio, that transcripts of all auto recordings that the State of Ohio intends to introduce at trial and that are the subject of Defendant's Motions Nos. 46 and 48, and all of the forensic reports and underlying data that are requested by Defendant's Motions No. 47 have been provided by the State of Ohio to the defense through discovery.
The Court further finds that the Defendant appeared in Court on this day in civilian clothing and without restraints visible outside of his clothing.
Upon the Court's inquiry, counsel for the Defendant indicated that defense counsel is satisfied with the access that counsel is being provided to the Defendant, and that counsel has no complaints.
Upon the Court's further inquiry, the Defendant indicated that he is satisfied with the access he is having to the attorneys who are representing him in this action; that he is satisfied with the services and representation that defense counsel is providing in defending him in this action; and that he has no complaints at this time.
There being no further matters before the Court, said Court was adjourned.
The Clerk of Courts is directed to send a copy of this Journal Entry to the Defendant, to counsel for the Defendant, to the Prosecuting Attorney, and to the Special Prosecuting Attorneys, all by ordinary U.S. Mail.
03/02/2022 JOURNAL ENTRY -- On the 1st day of February, 2022, this cause was scheduled for a pre-trial hearing and a hearing on motions.
The Defendant was present in Court for the hearing and was represented by his attorneys, Thomas F. Hayes and Mark C. Collins. Also, present was Attorney Emily Enstett and Attorney Kaitlyn Stephens, who are part of the defense team, but are not appointed by the Court to represent the Defendant in the present action.
The Court finds that the Defendant appeared for the hearing in civilian clothing and without restraints visible outside of his clothing.
The State of Ohio was represented at the hearing by the Prosecuting Attorney, Rob Junk, and by Special Prosecuting Attorneys Angela R. Canepa and David A. Wilson.
Also present for the hearing was Special Agent Jenkins, of the Ohio Bureau of Criminal Identification and Investigation ("Ohio BCI&I").
The Court finds that at the last hearing held in this action on November 17, 2021, Defendant's Motions Nos. 44, 46, 47 and 48 were withdrawn, and Defendant's attorneys indicated to the Court that hearing upon Defendant's Motions Nos. 42, 43, 45 and 49 would be held at a later date. It was further indicated to the Court at the hearing on November 17, 2021, that counsel for the State of Ohio and counsel for the Defendant were planning to meet in mid-December, 2021 away from the Court in order to discuss scheduling of the Defendant's motions and possibly to narrow the issues to be argued at a motion hearing; however, it is the Court's understanding that such meeting did not take place.
Counsel for the Defendant suggested that Daubert hearings on Defendant's Motions Nos. 42 and 43 could be scheduled in coordination with similar hearings that may be scheduled in the case of co-defendant, George Washington Wagner IV, and further suggested a separate motion hearing on other Defendant's motions, be scheduled no later than August 31, 2022, and that a jury trial be scheduled to commence no later than October 31, 2022. Defendant's counsel further indicated that there was work to be done by the defense concerning mitigation, and that the defense would need until approximately August 31, 2022, in order to prepare for hearing on some of the Defendant's motions and until approximately October 31, 2022, in order to prepare for trial.
Counsel for the State of Ohio agreed with scheduling Daubert hearings in coordination with any other similar hearings that may be held in the case of co-defendant George Washington Wagner IV, and with the scheduling of a hearing on other defense motions and with scheduling the commencement of trial within the approximate times suggested by the Defendant's counsel.
The Court noted for the record that stenographer engaged by the Court to record the proceedings in this action was not present for the hearing on February 1, 2022, and that it has indicated to the Court that the stenographer did not have the hearing this day on her schedule and had been scheduled for another matter on this day. Counsel for each party agreed that the hearing could proceed this day without the stenographer, with a record being made on the Court's digital recording system, in view of the fact that nothing of a substantive nature was being heard and decided this day.
The Defendant indicated that he is satisfied with the access he is having to his attorneys in this action and is satisfied with the services and representation that defense counsel is providing him. The Defendant further indicated that he has no complaints.
Counsel for the Defendant indicated that they are satisfied with the access they are being provided to the Defendant.
There being no further matters before the Court, said Court was adjourned.
The Clerk of Courts is directed to send a copy of this Journal Entry to the Defendant, to counsel for the Defendant, to the Prosecuting Attorney, and to the Special Prosecuting Attorneys, all by ordinary U.S. Mail.
link:
https://www.pikecountycpcourt.org/e...bZ6lS99rhi*MVyXAUJn-hHrEpRY1CGVAWxmk83VZqNbTQ