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Good morning from Pike Co murder trial of George Wagner IV. First up is cross examination of BCI's Ryan Scheiderer then BCI's Julia Eveslage expected to introduce wiretaps from truck of George and Jake. Here is yesterday's recap
WATCH LIVE:
https://bit.ly/3EgI1zU - not started yet but the stream is up. And we expect both Scheiderer and Eveslage to be on camera and play the wiretaps. We're expecting this to be key evidence.
Actually we just started in court with Judge Deering taking the bench.
Scheiderer says the pictures of the reconstructed false bed were taken last Thursday after Jake's testimony. Parker: "They weren't taken before you gave Jake that tremendous plea deal were they?" Scheiderer takes a pause.
Parker gets Scheiderer to say he didn't start the truck, or drive it around for up to an hour to see if there was any exhaust. Didn't put hay on to test if it would hold. Didn't videotape it. Didn't also put someone 30 feet away to see if volunteers would be noticed.
Moving onto Boonedock Saints - does either movie involve 2 year old possibly getting sexually abused? Or Facebook messages? Or using oil filters as silencers? No. No cheap shoes used.
Was there 9 mm used in the Rhoden murders (like ones used in movie)? No. Did any character smile or smirk while on stand testifying? (referring to Jake) No.
Parker getting Scheiderer to admit all the differences between the movies and this case.
Moving on to affadavit to get wiretaps on R&L truck - signed May 24 2018. At that point 40 search warrants, and 100 subpoenas been issues. 1000 tips investigated.
Affadavit says all other means have been exhausted, that's why they needed wiretaps.
Parker calls it "a last ditch effort" ... Scheiderer says it's when traditional investigative techniques had reached an end.
In April 2018 - they had probable cause to arrest, but not to proceed to prosecution.
Going through all things found and listed in affadavit. All the purchases, the shoes, the shell casings etc.
First mention of George when they talk about Chris Newcomb getting Glock handguns.
Parker says "now we have the infamous Facebook message" between Hanna Rhoden and Tabitha's mother Tess.
Now onto the tattoo George got - 8 ball and skull with dice showing 11 and three aces.
Scheiderer says they did "provocative acts" "to stimulate conversation amongst the suspects" once the wiretaps were in place. Also called "tickling the wire" in pretrial testimony.
also - does anyone have a theory on what the 11 could mean on the dice on George's tattoo?
Scheiderer says they were not sure that Jake and George had a lawyer when the wiretaps were in place.
One of those provocative acts was get a court order to get handwriting samples from Rita Newcomb.
Parker says "kind of sneaky" which brings sustained objection. Also interviewed Jake's custody attorney. And former church members and coworkers in Alaska.
Parker "you were posing as someone else?" Talking about the Topix posts Scheiderer made under false names. Could have been 10 different accounts. Comment on conversations - some were false information. Scheiderer - says it’s legal and ethical.
Parker asks several times about ethics - leads to objection.
Parker asks about his training with mental health issues. Asks about whether he can identify long-term paranoia? Any indications with Angela? "I think there were mental issues with all four people to kill 8 people" Scheiderer says.
Parker - asks about confirmation bias in law enforcement. Ignore evidence that changes theory of crime? Scheider "not familiar with that because it's not something I would do." Belief persistence? Leads to objection and question withdrawn
Scheiderer says motive "still was about custody of that child" with Parker hitting hard on Jake and Angela saying it was about sexual abuse and not custody on the stand. Scheiderer says Wagners wanted custody to protect Jake's daughter.
Agrees that all the victims were shot in the head. Also agrees he saw Jake smile and smirk during testimony. Parker - "agree with me there was never any proof of sexual abuse" - Yes. Also only interviewed George once in Montana and never seized his cell. Done with cross.
Redirect - Scheiderer says Jake couldn't remember whether he put hay or straw on the truck to cover it up. Straw much later. Also says volunteers had "zero issues" getting in and out of truck from under false bed.
Now onto the similarities between Boondock Saints and the murders - bodies were dragged. Father killed childhood friend with Glock at end of sequel at point blank range in the head.
They were supposed to use Berettas originally like in movie, but it was damaged while test firing suppressor. Not celebrated as heroes as in movie. But they wanted to protect the vulnerable.
Scheiderer - Did not have enough to prosecute in May 2018. And they had to provide all that information in affadavit for wiretaps. All other techniques at an end - the family wasn't going to talk, "plus they were planned murders.”
"Not very common" that codefendants live together.
Also wanted to list and collect any new and known associates of Wagner family through the wiretaps. And then interview them
On redirect, Canepa asks is putting fake info up on social media is allowable? Yes. Just like saying false things to someone being interviewed. That's allowed aas well.
Talking about lawyers and criminal defendants. Asks if John Clark has more than one? Leads to defense objection and bench conference
Who was John Clark representing? Angela made contact and discussion about Rita. Not sure who else.
Asked if the whole team was in agreement. Scheiderer "I think we had probable cause and we wanted to make sure we had all the evidence we needed to arrest them.”
Scheiderer: BCI was "very careful" to rule out the people who did not commit the crime and to get the people who had done this. Angela showed everyone in Wagner family Hanna's Facebook message.
Scheiderer also says Jake apologized on the stand for smiling inappropriately as he couldn't control it. They didn't seize George's phone in Montana because it was a new phone.
Re-cross: Scheiderer can lie, and people can lie to him - as long as it doesn't obstruct an investigation. But law enforcement decides what is relevant and what is obstruction.
Deering making cautionary instruction about Boondock Saints and sequel - was defendant familiar with movies? And is plot not sufficiently similar to facts of case? If not then disregard testimony.
Going on lunch break until 1 p.m. but the lawyers will argue the wiretaps during the break.