Just confirmed witnesses today will be all BCI agents or analysts per what was submitted to bailiff. All should be on camera.
Before the jury brought up, defense says issues with PowerPoint going to be presented about wiretaps of phones and cars after Montana. Says quality of recordings on wiretaps of Wagner calls after Montana are unreliable. Wants full transcripts and recordings presented
Also says there have been mistakes in transcripts. Not know what they are going to play - but reliability could be issue, as well as just presenting transcripts to jury as evidence - jury should get full audio.
Prosecution - going to play audio as well as present transcript to witness. Not going to present to jury yet. Says defense has already seen transcripts anyway during discovery. Witness is not going to read.
Defense says case law indicates listening aids are not evidence - only the recording. Should not be given to jury. Also argues that the whole recording should be played - not "cherry picking" excerpts. Or no synopsis
Judge says he has problem with transcript going to jury. But if they show it doesn't necessarily will go to jury as evidence. Doesn't want summary read in court.
Jury is not going to see the transcript and summary - won't be put on screen in court.
This was from the remote bug not the body wire. The monitor had to call the device in the SUV. The entire recording was 1 hour, 8 minutes.
BCI criminal analyst Julia Eveslage back on stand to start testimony today.
She monitored "intercept warrants" - the ability to listen in on phone calls both landlines or cell phones. They can monitor it full time. Lots of restrictions on how long it lasts and what they can listen for.
This includes both the ability to see what texts/phones are being sent or contacted, and where the phone is by pinging towers.
They put two different kinds of devices in Wagners' SUV in Montana - tapped phones once they returned back to Ohio. Very challenging to hear what was said when it was moving, but once stopped you could hear them.
Eveslage about to go into how intercept warrants work when defense asks for bench conference.
She is told by prosecutors what they can and can't listen to or listen for - only anything to do with the case - and any priviledged info with lawyers also can't be listened to.
This process is called "minimization" - up to monitor determine whether a call is recorded. Either determined at beginning - or can spot check calls.
Monitors need to know about investigation and the case to determine what is pertinent on a phone call being tapped.
She helped monitor pertinent conversations to try and get extensions of 30 day warrants in 2017.
Here are all the devices and taps made in a chart
Another slide - brings defense objections and bench conference
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Playing audio from the Wagner SUV on way back from first trip to Alaska. Appears to be adults telling Bulvine that "They're liars ... they're bad people ... don't listen to what they tell you" they stopped us for no reason. Can't make out which Wagner is talking.
This was taken when vehicle stopped at some point from either the remote bug or the one using a "body wire" monitored from a close distance.
We might have heard "the only way they won't kill us if you're good" ... but it is really hard to make it out. Will confirm after we clean up audio.
"I'm bringing all hell on this one" someone says. Someone else talks about testifying and being shown pictures. The term visitation rights comes up. But again, this is incredibly hard to hear and decipher.
"She was there she's going to frickin jail." That's the end - and judge immediately brings counsel to bench for another conference.
Eveslage talking about what the transcript shows - but she can't read from it.
They can slow down/speed up and uses noise cancelling headphones once creating a transcript to eliminate sound quality issues.
She spent two years listening to Wagners - asking child about Tabby - bringing all hell with her. Everslage says George Wagner IV is talking to Bulvine - the son he had with Tabby.
During this recording, George made another call with his phone per the ping warrant - this was to Jake Wagner - 12 minutes into the recording from the SUV tap.
Another long bench conference after objection over time reference. So this conversation apparently is between Jake and Bulvine over visitations with mother Tabitha ... then he calls Jake at some point.
This was from the remote bug not the body wire. The monitor had to call the device in the SUV. The entire recording was 1 hour, 8 minutes.
Next slide brings another objection for showing on screen.
This includes a summary at the bottom stating George asks Angela to Google something he found in his truck.
Defense doesn't want any summaries shown to jury. It was still playing when judge ordered 15 minute break.