^^rsbm
The prosecution has the burden of proof so it's no wonder that they have a witness list exceeding 250! To be clear, the length of this list itself does not mean that every witness on the list will be called to testify (the trial would go on for 2 years). However, it's a matter of law that a witness cannot be called and "surprise the court" if they never made the witness list admitted into evidence. The point here about EW is that the defense doesn't know nor has any guarantee that
they can question EW on the stand.
In this case, the prosecution has relied on an exception to Discovery Rule 16 that provides for non-disclosure of a witness's identity/address (for good cause). In other words, this means that as of 8/31/22 when Defense filed Motion to Compel #109, they still had no knowledge or guarantee from the Court whether or not EW has been subpoenaed as a prosecution witness and will in fact appear in court.
Although the prosecution has rightfully used the discovery exception for non-disclosure to protect EW for several years, Rule 16 also provides that the non-disclosure exception ends 7 days prior to the trial commencing.
Not only would it be a violation of the defendant's Sixth Amendment Right not to be able to subpoena EW, but It would also be ineffective assistance of counsel for the defense to fail to subpoena a witness to rebut testimony against their client.
Seriously, how tragic it would be if GW4 won on appeal over the prosecution withholding EW's address on the heels of his trial?
Jury selection is underway in the first trial in the Pike County murders case, with jurors scheduled to see the crime scenes later this week and opening statements to happen after Labor Day.
www.wcpo.com
8/29/22
Potential jurors heard about a possible witness list as well:
More than 250 people could be called as witnesses in this case, including dozens of state Bureau of Criminal Investigation agents and members of two county dive teams.
Not all people on the list will be called during the course of the trial.
[..]
George is the first of the Wagner family members charged in the eight murders to face trial. His brother, Edward "Jake" Wagner, is believed to be at the center of the motive for the murder; He and one of the victims, Hanna Rhoden, had a child together over which there were vicious custody disputes. Jake took a plea deal in April 2021.
Also charged in the murders were George's parents, Angela and George "Billy" Wagner. Angela took a plea deal in September 2021. Billy has maintained a plea of not guilty, though a trial date has not yet been set for him.