WEBVTT - Wagner vs. Wagner

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<v Speaker 1>Find one for you at curiosity stream dot com. Welcome

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<v Speaker 1>to the Piked and Massacre, a production of iHeartRadio and

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<v Speaker 1>Katie Studios. I gotta tell you from kind of a

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<v Speaker 1>visceral standpoint, when I heard the news that this kid

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<v Speaker 1>had rolled over on this case, one thing that kind

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<v Speaker 1>of came to mind for me is, you know, I

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<v Speaker 1>kind of envisioned his mother in almost a mob Barker

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<v Speaker 1>kind of way, that she's kind of the puppet master

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<v Speaker 1>that's controlling everything. He's sitting there all along, and suddenly

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<v Speaker 1>he has this lucid moment where he's out from under

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<v Speaker 1>that thob and he realizes, I'm going to get the

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<v Speaker 1>needle for all of this. This is the Piked and

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<v Speaker 1>Massacre Returned to Pike County Season two, Episode three, Wagner

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<v Speaker 1>Versus Wagner. I'm Courtney Armstrong, a television producer at Katie

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<v Speaker 1>Studios with Stephanie Lydecker and Jeff Shane. On April twenty second,

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<v Speaker 1>twenty twenty one, Jake Wagner pleaded guilty to eight aggravated

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<v Speaker 1>murder charges in the Rodent family massacre. As part of

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<v Speaker 1>his plea deal, he implicated his mother, Angela Wagner, father

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<v Speaker 1>Billy Wagner, and brother George Wagner as co conspirators in

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<v Speaker 1>the killings. He's also agreeing to testify against his parents

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<v Speaker 1>and brother, who are also charged in these murders. Here's

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<v Speaker 1>reporter Anteinette Levy. I don't believe anybody knew he was

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<v Speaker 1>going to do this, so it's it's a pretty stunning development.

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<v Speaker 1>To see Jake Wagner, the youngest of the entire family,

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<v Speaker 1>who would you would think would be, you know, maybe

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<v Speaker 1>the most pliable in some respects because he is the youngest.

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<v Speaker 1>But to see him just break away from his family,

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<v Speaker 1>I don't know, it's it's pretty interesting. The significance of

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<v Speaker 1>Jake Wagner folding on his family cannot be overstated. But

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<v Speaker 1>what does it mean moving forward? Criminal defense attorney Mike

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<v Speaker 1>Allen told Stephanie that it could signal an impending legal

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<v Speaker 1>chess match in terms of Jake Wagner's admission of guilt,

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<v Speaker 1>I'm just curious about what that means altogether. He's confessed

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<v Speaker 1>to killing five of the eight rodents. Personally, is he

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<v Speaker 1>trying to save himself or trying to save his family?

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<v Speaker 1>You know, obviously, you know if he did five out

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<v Speaker 1>of eight, you still have three left, and you know

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<v Speaker 1>it'll come out who who actually did the killing on

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<v Speaker 1>those other three, But it was probably a strategic move

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<v Speaker 1>on the prosecutor's part not to let that out yet.

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<v Speaker 1>And you know a prosecutor is not going to show

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<v Speaker 1>his cards, or in this case, she Angie when't. She's

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<v Speaker 1>got three other defendants to try, so they're still going

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<v Speaker 1>to hold it close to the vest I think. Stephanie

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<v Speaker 1>asked reporter James Pilcher if there were still moves left

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<v Speaker 1>for Jake to play, Is it possible that he'll say

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<v Speaker 1>that Jacob could say I was in a very controlling environment.

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<v Speaker 1>My mother, Angela Wagner, controlled us, My father was a

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<v Speaker 1>bully and said I had to do these things, and

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<v Speaker 1>we were coerced into it. Is there any value in

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<v Speaker 1>that even? I mean, that's entirely possible, and some of

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<v Speaker 1>the reporting that's what we've heard. Leekal. The other thing

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<v Speaker 1>I will say is that maybe they're going after bigger

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<v Speaker 1>game than Jake, and they figured we'll cut this deal. Now,

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<v Speaker 1>he'll give us what we want and then we can

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<v Speaker 1>go get the mom and the dad. But clearly they

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<v Speaker 1>were going after the people who plotted it. This was

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<v Speaker 1>not Jake's idea, right, or at least not according to

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<v Speaker 1>the prosecutors. This was the family coming together. That's what

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<v Speaker 1>the prosecutors are after, is that, Okay, we get Jake

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<v Speaker 1>to help us, we get Jake to plead out. It

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<v Speaker 1>shows that this really did happen. Now we can go

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<v Speaker 1>after the people who actually planned it. On April twenty eighth,

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<v Speaker 1>just six days after Jake Wagner's hearing, his accused brother

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<v Speaker 1>George Wagner, walked into the Pike County Courthouse. The first

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<v Speaker 1>court hearing since last week's surprise plea deal and the

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<v Speaker 1>Pike County murder trials took place today. This hearing for

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<v Speaker 1>George Wagner was supposed to center on a few defense

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<v Speaker 1>emotions involving discovery evidence. Annette Levy was on the scene

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<v Speaker 1>that day. She spoke to producer Chris Graves. He kind

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<v Speaker 1>of described the mood and what was going on. The

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<v Speaker 1>mood was a lot lighter than it had been in

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<v Speaker 1>the past. The Roden family is a little bit that

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<v Speaker 1>I saw of them. They just seemed happy for the

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<v Speaker 1>first time in a long time. And I think I

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<v Speaker 1>saw Hannah Gilly's mother and she actually seemed happy and

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<v Speaker 1>they can start to finally look fithered. So it was

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<v Speaker 1>just a much lighter mood, But you know George the Fourth,

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<v Speaker 1>obviously it wasn't a lighter mood for him. He looked

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<v Speaker 1>very stressed, He looked very thin. He doesn't look good.

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<v Speaker 1>You can see it on his face. In the aftermath

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<v Speaker 1>of Jake Wagner's shocking confession, many wondered how accused older

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<v Speaker 1>brother George Wagner's hearing would play out. We spoke at

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<v Speaker 1>length about George in the last two episodes. It was

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<v Speaker 1>at his wedding that the last known picture of the

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<v Speaker 1>Roden and Wagner families was taken. Also, George and his

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<v Speaker 1>ex wife dealt with eerily similar custody issues that would

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<v Speaker 1>foreshadow what would happen between victim Hannah Rowden and Jake Wagner.

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<v Speaker 1>His lawyer, Rick Nash, has been very assertive and maintained

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<v Speaker 1>that George the fourth there was no case against him,

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<v Speaker 1>that there was no evidence against him. But now he's

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<v Speaker 1>kind of having to swallow his pride a little bit.

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<v Speaker 1>I think and realize that there may be some really

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<v Speaker 1>good evidence tying his client to this and this emotion

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<v Speaker 1>hearing was for like all these boilerplate death penalty emotions,

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<v Speaker 1>death penalty's off the table now, people following the case,

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<v Speaker 1>wondered would George Wagner strike a plea deal as well.

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<v Speaker 1>My opinion of George the fourth is that he's kind

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<v Speaker 1>of is the weakest link in this family because he's

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<v Speaker 1>got the most to lose. He has a son who

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<v Speaker 1>he loves dearly, and he wants to be with his son.

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<v Speaker 1>And so I was wondering, what's George going to do?

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<v Speaker 1>Instead of a guilty plead, the court heard something far

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<v Speaker 1>less dramatic. It took us in five minutes for George

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<v Speaker 1>wage to the fourth to ask for more time to

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<v Speaker 1>evaluate the situation. No, Judge, I don't think so. I

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<v Speaker 1>think everybody's agreed that, given recent events, that everybody needs

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<v Speaker 1>to step back and reassess. The hearing concluded with an

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<v Speaker 1>agreement to reschedule the motion for June twenty first, twenty one.

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<v Speaker 1>Though there were no bombshell developments, it's clear that the

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<v Speaker 1>next few weeks will be pivotal. George Wagner and his

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<v Speaker 1>accused parents, Angela and Billy Wagner must now decide how

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<v Speaker 1>they will proceed. Do you think that it's possible that

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<v Speaker 1>now that Jake took the plea deal and admitted to

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<v Speaker 1>the murders that we may see Billy Angela and or

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<v Speaker 1>George doing this same thing. I think it's possible that

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<v Speaker 1>the others could plead out. But at the same time,

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<v Speaker 1>what's the point They have nothing to lose by going

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<v Speaker 1>to trial, because they either to plead out get life

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<v Speaker 1>in prison, or they roll the dice and go to

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<v Speaker 1>trial and maybe they can hang a jury. As Mike

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<v Speaker 1>g Allen points out, there's no one case that assures

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<v Speaker 1>a conviction. Is there any version of this where one

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<v Speaker 1>of them is found guilty and the other are found innocent.

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<v Speaker 1>It's possible, Yeah, I mean, it just it all depends

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<v Speaker 1>on what the individual juries want to do. Yeah, I mean,

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<v Speaker 1>that's very possible, and it's happened on trials that where

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<v Speaker 1>they're two defendants that have been severed, where one has

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<v Speaker 1>found guilty and the other one is not. You know,

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<v Speaker 1>different juries are different and it'll be a different jury

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<v Speaker 1>for every one of these trials. And lawyers will tell you,

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<v Speaker 1>especially criminal lawyers, you never know what is going to

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<v Speaker 1>happen with the jury. And I've been at this for

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<v Speaker 1>forty years and juries are becoming even more unpredictable. I

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<v Speaker 1>don't know why, but they are but in answer to

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<v Speaker 1>your question, yeah, that's a possibility. Last episode, we heard

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<v Speaker 1>Bureau of Criminal Investigation agent Ryan Scheiderer testify about the

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<v Speaker 1>Wagner's cult like family done Ammock. They're very close. They

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<v Speaker 1>lived together, they've always lived together. Their finances are intermingled,

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<v Speaker 1>the homeschool together, they raised their kids together. Everything is

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<v Speaker 1>done together. As well as we have an informant who

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<v Speaker 1>says that every decision within that family is made as

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<v Speaker 1>a family decision. Without any of the other Wagners coming

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<v Speaker 1>forward with plea deals, there are still a lot of

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<v Speaker 1>questions that need to be answered about the family that

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<v Speaker 1>is alleged to have carried out Ohio's most notorious crime.

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<v Speaker 1>It's worth noting that while Jake Wagner pleaded guilty, Angela

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<v Speaker 1>Billy and George Wagner have pleaded not guilty. The state

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<v Speaker 1>is kind of maintained that each person in this conspiracy

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<v Speaker 1>had their own role, They had their own kind of

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<v Speaker 1>part to play, and you know, it's going to be

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<v Speaker 1>interesting to see how strong the evidence is to support

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<v Speaker 1>their assertion that each person had a role in this conspiracy.

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<v Speaker 1>At this point, one thing is clear. Jake Wagner holds

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<v Speaker 1>the fate of his family in his hands, and the

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<v Speaker 1>united front the Wagner family has built is beginning to erode.

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<v Speaker 1>How it will all unfold is anyone's guests. Remember, we

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<v Speaker 1>don't know exactly what Jake said and how he said it.

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<v Speaker 1>We just know that he confessed and led them to evidence.

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<v Speaker 1>So there's still a lot we don't know based on

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<v Speaker 1>what the prosecution outlined in court. So let's take a

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<v Speaker 1>look at the evidence we know about based on what

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<v Speaker 1>we've heard through preliminary hearings over the past three years.

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<v Speaker 1>One of the most informative was a hearing for accused

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<v Speaker 1>brother George Wagner that took place on August thirty first,

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<v Speaker 1>twenty twenty. That day, George's attorneys requested that he be

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<v Speaker 1>allowed to post bail, arguing that there was no evidence

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<v Speaker 1>to tie him to the case, and natte Levy was

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<v Speaker 1>at the Pike County courthouse that day. It was actually

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<v Speaker 1>a fool's errand because in the state of Ohio, someone

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<v Speaker 1>charged with aggravated murder in which the death county is

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<v Speaker 1>sought can be held without bail automatically. There's really no

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<v Speaker 1>question about it. So they were kind of wanting to

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<v Speaker 1>I think get some more information about the evidence in

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<v Speaker 1>the case. The BCI agent on the case, the lead agent,

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<v Speaker 1>Ryan Scheiderer, took the stand and answered a series of

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<v Speaker 1>questions about the evidence in the case that they have

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<v Speaker 1>against George. Swear testimony. You were about gearge of its

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<v Speaker 1>three the whole pie. That special Agent Ryan Scheiterer of

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<v Speaker 1>the Bureau of Criminal Investigation taking his oath in court.

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<v Speaker 1>During the hearing, George Wagner's attorney tried to distance his

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<v Speaker 1>client from the crime and his accused family. His attorney

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<v Speaker 1>had set something to the effect of the evidence, you know,

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<v Speaker 1>if it tied anybody to this, it was Jake and

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<v Speaker 1>Angela and not George. What text or digital communications did

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<v Speaker 1>you find too or from him? If you think is

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<v Speaker 1>relevant specifically about text messages with George, I don't remember any.

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<v Speaker 1>Did you collect a cell phone from George? I don't

0:12:53.160 --> 0:12:56.920
<v Speaker 1>believe we ever collected George celler What connection does George

0:12:56.920 --> 0:12:59.960
<v Speaker 1>had to do with that Laftime? The device was registered

0:13:00.160 --> 0:13:03.440
<v Speaker 1>to Jake, but specifically Angela, who seemed to be the

0:13:03.480 --> 0:13:08.240
<v Speaker 1>primary user of that laptop. But there was some evidence

0:13:08.280 --> 0:13:11.160
<v Speaker 1>that implicated George Wagner along with his brother Jake in

0:13:11.200 --> 0:13:14.320
<v Speaker 1>the crimes. One of the most striking parts of Agent

0:13:14.320 --> 0:13:16.880
<v Speaker 1>Scheider's testimony had to do with the type of guns

0:13:16.960 --> 0:13:20.280
<v Speaker 1>used in the homicides. We know the three calibers of

0:13:20.360 --> 0:13:23.080
<v Speaker 1>firearms that were used to give them these murders, and

0:13:23.240 --> 0:13:28.040
<v Speaker 1>they were a twenty two caliber long rifle, a forty

0:13:28.040 --> 0:13:32.000
<v Speaker 1>caliber and a thirty caliber. Scheiderer went on to make

0:13:32.000 --> 0:13:35.080
<v Speaker 1>a direct correlation between the twenty two caliber shell casings

0:13:35.120 --> 0:13:38.720
<v Speaker 1>found at victims Dana Roden and Frankie Roden's homes and

0:13:38.800 --> 0:13:42.679
<v Speaker 1>the property owned by the Wagner family. Here's Agent Scheiterer

0:13:42.720 --> 0:13:46.760
<v Speaker 1>being questioned by Prosecutor Angie Kaneppa. We recovered twenty two

0:13:46.760 --> 0:13:50.640
<v Speaker 1>caliber shell casings and where we recovered those which at

0:13:50.679 --> 0:13:53.199
<v Speaker 1>two sixty Peterson Road, which was a property that was

0:13:53.240 --> 0:13:57.760
<v Speaker 1>owned by George Wager and his brother Jake. And were

0:13:57.840 --> 0:14:01.720
<v Speaker 1>those shell casings submitted to the last for comparison to

0:14:01.960 --> 0:14:05.800
<v Speaker 1>the shell casings that have been recovered from both Frankie's

0:14:05.960 --> 0:14:12.640
<v Speaker 1>and Dana's residences. Yes, and what was the opinion of

0:14:12.679 --> 0:14:17.080
<v Speaker 1>the The weapon that fired the shell casings at two

0:14:17.160 --> 0:14:22.240
<v Speaker 1>sixty Pierson Road also fired the shell casings at Anna's

0:14:22.400 --> 0:14:26.680
<v Speaker 1>and Dana's residence as well. As Frankie and Hannah Gillis residence.

0:14:27.320 --> 0:14:31.000
<v Speaker 1>So the same firearm had been fired on the same properties. Okay,

0:14:31.080 --> 0:14:33.800
<v Speaker 1>so the exact same gun, not just the same type

0:14:33.800 --> 0:14:41.440
<v Speaker 1>of the same firearms, okay. Forensic expert Joseph Morgan explained

0:14:41.440 --> 0:14:44.600
<v Speaker 1>the intricate science involved in tying a shell casing back

0:14:44.640 --> 0:14:48.360
<v Speaker 1>to a specific gun. The inside of a handgun like

0:14:48.520 --> 0:14:51.520
<v Speaker 1>this has got rifling. That means it's got lands, which

0:14:51.560 --> 0:14:56.360
<v Speaker 1>are kind of flat plateau looking formations. And also because

0:14:56.440 --> 0:15:01.040
<v Speaker 1>these are soft metal brass casings that are being ejected

0:15:01.200 --> 0:15:03.960
<v Speaker 1>once the round is fired, you have what are referred

0:15:03.960 --> 0:15:08.040
<v Speaker 1>to as extraction marks this spent case, and it leaves

0:15:08.040 --> 0:15:11.360
<v Speaker 1>these little marks that are unique to the interior housing

0:15:11.800 --> 0:15:15.360
<v Speaker 1>of this particular weapon. And even you can have a

0:15:15.480 --> 0:15:19.280
<v Speaker 1>weapon that rolls off the line with fifty other weapons

0:15:19.280 --> 0:15:22.400
<v Speaker 1>that are the same same model, but they're all going

0:15:22.480 --> 0:15:26.120
<v Speaker 1>to be unique at a microscopic level, and that's how

0:15:26.160 --> 0:15:31.280
<v Speaker 1>they tied back the projectile to a specific weapon. Another

0:15:31.320 --> 0:15:34.080
<v Speaker 1>suspicious item was found during a different search of the

0:15:34.120 --> 0:15:38.920
<v Speaker 1>same Wagner property. The police went back and they found

0:15:39.280 --> 0:15:43.120
<v Speaker 1>what the ATF says was likely used as a homemade

0:15:43.120 --> 0:15:49.840
<v Speaker 1>silencer for a gun agent Scheierer elaborated recovered a maglite

0:15:49.840 --> 0:15:55.160
<v Speaker 1>flashlight turned into a suppressor. Yeah, adapter at one end

0:15:55.760 --> 0:15:58.400
<v Speaker 1>that as a solid adapter, they closed in and they

0:15:58.400 --> 0:16:01.760
<v Speaker 1>at the other end you add a thread adapter and

0:16:01.840 --> 0:16:06.800
<v Speaker 1>it's designed to catch cleaning solvent when you're cleaning your firearm,

0:16:07.000 --> 0:16:10.600
<v Speaker 1>but it can easily be converted into a suppressor. They

0:16:10.640 --> 0:16:14.000
<v Speaker 1>determined that it was a suppressor as defined by federal statue,

0:16:14.560 --> 0:16:16.760
<v Speaker 1>been fired at least one time because they could see

0:16:16.760 --> 0:16:21.000
<v Speaker 1>a bull of striking inside the suppressor. Thing. That was

0:16:21.000 --> 0:16:23.600
<v Speaker 1>pretty interesting because that wasn't found. That was found in

0:16:23.720 --> 0:16:27.440
<v Speaker 1>I think October of twenty eighteen, right before the indictments

0:16:27.640 --> 0:16:31.360
<v Speaker 1>came out, and that property, the Peterson Road home had

0:16:31.480 --> 0:16:34.480
<v Speaker 1>been searched in May of twenty seventeen. I mean, when

0:16:34.520 --> 0:16:37.600
<v Speaker 1>I hear that, it sounds like someone told them about it.

0:16:38.080 --> 0:16:40.520
<v Speaker 1>We know, but Jake led them to the guns, the

0:16:40.600 --> 0:16:44.920
<v Speaker 1>murder weapons, the car used purchased and news and so

0:16:45.360 --> 0:16:50.640
<v Speaker 1>who knows. Maybe. During cross examination by George Wagner's attorney,

0:16:50.720 --> 0:16:53.560
<v Speaker 1>Agent Scheiterer highlighted some of the other evidence the state

0:16:53.600 --> 0:16:58.480
<v Speaker 1>has on George, including wiretap surveillance. Could you approximate to

0:16:58.600 --> 0:17:03.960
<v Speaker 1>the nearest hundred of how many hours you have regarding

0:17:04.320 --> 0:17:11.960
<v Speaker 1>this recording of George Wagner? Hours? Not really, but I

0:17:11.960 --> 0:17:16.359
<v Speaker 1>would say over one hundred, one hundred days, over a

0:17:16.400 --> 0:17:19.520
<v Speaker 1>hudred days, okay, And so I want you to focus

0:17:19.520 --> 0:17:23.400
<v Speaker 1>on those hundred days, and maybe your answer is the same,

0:17:23.400 --> 0:17:25.000
<v Speaker 1>but I'm going to ask it a different way. Could

0:17:25.000 --> 0:17:27.840
<v Speaker 1>you tell us over that one hundred days of recording

0:17:27.840 --> 0:17:32.560
<v Speaker 1>George Wagner one statement he made that you recorded that

0:17:32.840 --> 0:17:36.840
<v Speaker 1>ties him into this case. I mean, he never confessed,

0:17:37.200 --> 0:17:40.640
<v Speaker 1>if that's what you're getting at, but he made incriminating statements.

0:17:42.040 --> 0:17:44.639
<v Speaker 1>At a different hearing, George Wagner appeared in court for

0:17:44.680 --> 0:17:49.040
<v Speaker 1>an unusual request to be put in solitary confinement. Here's

0:17:49.080 --> 0:17:52.119
<v Speaker 1>Jeff speaking with Mike Gallen. What about George Wagner asking

0:17:52.119 --> 0:17:54.639
<v Speaker 1>for solitary confinement? What do you make of that? His

0:17:54.800 --> 0:17:57.720
<v Speaker 1>stated reason was that he wanted to be able to

0:17:57.760 --> 0:18:01.879
<v Speaker 1>study the Bible in peace. That's a little unusual when

0:18:02.640 --> 0:18:06.520
<v Speaker 1>inmates ask for solitary A lot of times, although they

0:18:06.560 --> 0:18:09.400
<v Speaker 1>may not say it, they're asking for that because they've

0:18:09.400 --> 0:18:12.160
<v Speaker 1>been threatened, and you know, they want to make sure

0:18:12.240 --> 0:18:15.399
<v Speaker 1>that they're as safe as they can be in jail.

0:18:15.960 --> 0:18:18.240
<v Speaker 1>You know, it's hard, it's hard to know what's going

0:18:18.280 --> 0:18:21.680
<v Speaker 1>through his head. But I mean, either he's immersing himself

0:18:21.760 --> 0:18:25.240
<v Speaker 1>in the Holy Bible or somebody saying that they're going

0:18:25.280 --> 0:18:28.800
<v Speaker 1>to do something to him. Either way, his mental state

0:18:28.960 --> 0:18:32.080
<v Speaker 1>is probably not good. But when I read that, I

0:18:32.160 --> 0:18:34.440
<v Speaker 1>kind of wondered, is that the real reason? I mean,

0:18:34.680 --> 0:18:37.040
<v Speaker 1>you know, you just have to wonder what the motivation is.

0:18:38.800 --> 0:18:42.040
<v Speaker 1>Since his arrest in twenty eighteen, accused father Billy Wagner

0:18:42.080 --> 0:18:46.000
<v Speaker 1>has also staunchly maintained his innocence. Billy Wagner's attorney has

0:18:46.040 --> 0:18:49.720
<v Speaker 1>been very adamant that there's no evidence. There's no case

0:18:49.720 --> 0:18:53.679
<v Speaker 1>against Billy Wagner, but there's nothing. They have, nothing that

0:18:53.760 --> 0:18:57.239
<v Speaker 1>ties him to this. Last year, Billy Wagner made an

0:18:57.240 --> 0:18:59.760
<v Speaker 1>audacious move to separate himself from the other members of

0:18:59.760 --> 0:19:02.680
<v Speaker 1>his family and moved his trial forward. He took it

0:19:02.760 --> 0:19:05.400
<v Speaker 1>upon himself to file a motion in court. It had

0:19:05.440 --> 0:19:07.280
<v Speaker 1>to do with his right to what's referred to as

0:19:07.280 --> 0:19:11.159
<v Speaker 1>a speedy trial and Ohio procedural rule stipulating that anyone

0:19:11.280 --> 0:19:13.520
<v Speaker 1>charged with a felony must be brought to trial within

0:19:13.560 --> 0:19:17.000
<v Speaker 1>two hundred and seventy days of their arrest while accused

0:19:17.000 --> 0:19:19.520
<v Speaker 1>father Billy Wagner, had initially waived his right to a

0:19:19.560 --> 0:19:22.680
<v Speaker 1>speedy trial. It seems he suddenly had a change of heart.

0:19:23.040 --> 0:19:27.040
<v Speaker 1>The court received a handwritten motion from Billy Wagner asking

0:19:27.119 --> 0:19:30.240
<v Speaker 1>that his right to a speedy trial be invoked and

0:19:30.280 --> 0:19:33.440
<v Speaker 1>that he withdraw his waiver of a speedy trial right.

0:19:33.960 --> 0:19:37.480
<v Speaker 1>He was pretty frustrated. I guess that he's sitting in jail.

0:19:37.680 --> 0:19:42.119
<v Speaker 1>He says he's innocent and was frustrated and submitted this

0:19:42.280 --> 0:19:45.040
<v Speaker 1>or to the court. But it was actually some fairly

0:19:45.080 --> 0:19:48.399
<v Speaker 1>good jailhouse lawyer. I'm assuming he had somebody in the

0:19:48.480 --> 0:19:52.160
<v Speaker 1>jail can write this for him and his attorneys. They

0:19:52.200 --> 0:19:55.360
<v Speaker 1>became aware of it and talked with him and withdrew

0:19:55.400 --> 0:19:59.399
<v Speaker 1>it immediately. Mike Allen gave us his professional opinion on

0:19:59.480 --> 0:20:02.879
<v Speaker 1>Billy's spun legal strategy. I don't care how small your

0:20:02.960 --> 0:20:05.439
<v Speaker 1>jail is, you're going to have jail house lawyers and

0:20:05.600 --> 0:20:09.639
<v Speaker 1>criminal defense attorneys instruct their clients. Do not listen to

0:20:09.760 --> 0:20:13.080
<v Speaker 1>the jail house lawyers. They don't know what they're talking about.

0:20:13.440 --> 0:20:16.520
<v Speaker 1>If they did, they wouldn't be where they are. So

0:20:16.760 --> 0:20:21.840
<v Speaker 1>that's every criminal defense lawyer's worst nightmare. Is when your

0:20:21.920 --> 0:20:27.879
<v Speaker 1>client files a motion without consulting the attorney, it's a

0:20:28.080 --> 0:20:32.680
<v Speaker 1>very stupid thing to do. So Billy Wagner's lawyer, I'm sure,

0:20:32.840 --> 0:20:37.520
<v Speaker 1>probably had some strong words for him for doing that. Well,

0:20:37.560 --> 0:20:40.320
<v Speaker 1>Billy and George Wagner have been busy filing legal motions

0:20:40.359 --> 0:20:42.920
<v Speaker 1>to help their cases. The same camp be said about

0:20:42.960 --> 0:20:47.879
<v Speaker 1>accused mother Angelo Wagner. Bob Craypence is what you would call,

0:20:47.920 --> 0:20:50.000
<v Speaker 1>you know, the first chair on this case for her

0:20:50.080 --> 0:20:54.600
<v Speaker 1>defense team, and he's been very it's been very quiet

0:20:54.960 --> 0:20:59.359
<v Speaker 1>on that front. However, Angelo Wagner has appeared in court

0:20:59.440 --> 0:21:03.200
<v Speaker 1>for other At a hearing in twenty nineteen, Judge Randy

0:21:03.280 --> 0:21:06.800
<v Speaker 1>Deering revoked Angelo Wagner's mail and phone privileges after she

0:21:06.920 --> 0:21:09.720
<v Speaker 1>was caught trying to discuss case strategy with her family.

0:21:10.280 --> 0:21:15.040
<v Speaker 1>Here's her lawyer speaking in court that day, which stipulating begetage.

0:21:15.080 --> 0:21:18.639
<v Speaker 1>She was in fact instructed she was having no contact

0:21:18.680 --> 0:21:21.520
<v Speaker 1>with codefendants in this case. This team half presented this

0:21:21.680 --> 0:21:25.240
<v Speaker 1>was some information indicative of a violation of that sticulate

0:21:25.280 --> 0:21:30.040
<v Speaker 1>that she did effect violate that court or some of

0:21:30.080 --> 0:21:34.040
<v Speaker 1>Angelo Wagner's alleged orchestration was presented by agent scheiterer. At

0:21:34.080 --> 0:21:37.760
<v Speaker 1>George's bail hearing last year, he testified about shoe prints

0:21:37.760 --> 0:21:39.719
<v Speaker 1>that were found at a few of the crime scenes.

0:21:40.359 --> 0:21:45.879
<v Speaker 1>This evidence points directly to Angela Wagner's role in the conspiracy.

0:21:46.280 --> 0:21:53.919
<v Speaker 1>Exib eight and nine. These are the shoe impression prints

0:21:53.960 --> 0:21:58.000
<v Speaker 1>that were lifted from Chris Rodan Senior's residence and those

0:21:58.119 --> 0:22:02.679
<v Speaker 1>are shoe impresses that later determined to be from an

0:22:02.680 --> 0:22:07.240
<v Speaker 1>a specific shoe that is determined to be sold by Walmart. Correct?

0:22:07.760 --> 0:22:12.080
<v Speaker 1>And then did you ultimately execute a search warrant up

0:22:12.119 --> 0:22:15.280
<v Speaker 1>on State out forty one? Yes, and you described to

0:22:15.359 --> 0:22:18.800
<v Speaker 1>us what you were searching. There there were two pickup

0:22:18.800 --> 0:22:24.480
<v Speaker 1>trucks and three trailers that were parked at that location

0:22:24.520 --> 0:22:28.720
<v Speaker 1>that belonged to the Wagner family. Did you find a receipt? Yes,

0:22:28.840 --> 0:22:33.240
<v Speaker 1>we did. There was a Walmart receipt. Read the receipt

0:22:34.560 --> 0:22:42.560
<v Speaker 1>and Jake Wagner's okay, and specifically in a tub marked

0:22:42.560 --> 0:22:46.199
<v Speaker 1>important days or something correct? Okay, what was the significance

0:22:46.200 --> 0:22:50.200
<v Speaker 1>of that receipt? So this Walmart receipt is for the Waverley,

0:22:50.280 --> 0:22:55.120
<v Speaker 1>Ohio Walmart on Emma Avenue. It is dated April seventh,

0:22:55.240 --> 0:22:59.440
<v Speaker 1>twenty sixteen timestamped at sixteen fifty eight hours on there

0:22:59.480 --> 0:23:03.080
<v Speaker 1>there are if they'd purchased up two Athletic brand tennis shoes,

0:23:03.359 --> 0:23:06.680
<v Speaker 1>which is consistent with the shoes that we were looking for.

0:23:07.280 --> 0:23:11.640
<v Speaker 1>And you indicated that Angela told made a statement to

0:23:11.720 --> 0:23:16.160
<v Speaker 1>your fellow agents that she had purchased those shoes specifically

0:23:16.200 --> 0:23:21.399
<v Speaker 1>for Jacob George. Correct. And you were asked if you've

0:23:21.720 --> 0:23:26.840
<v Speaker 1>recovered those shoes, if you found those shoes, yes, and

0:23:27.000 --> 0:23:30.840
<v Speaker 1>you did not correct. Correct, And isn't it true that

0:23:30.920 --> 0:23:33.879
<v Speaker 1>Angela said that she had thrown those shoes away the

0:23:33.960 --> 0:23:37.080
<v Speaker 1>very same day that she bought them. Yes, because the

0:23:37.160 --> 0:23:41.480
<v Speaker 1>boys didn't like the shoes. Correct, but jaded George told

0:23:42.240 --> 0:23:51.680
<v Speaker 1>they denied knowledge of the shoes ever seen. Correct. We're

0:23:51.720 --> 0:23:53.920
<v Speaker 1>going to take a quick break here. We'll be back

0:23:53.960 --> 0:23:59.640
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<v Speaker 1>a limited time, download the unst at and use the

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<v Speaker 1>code I heard fifty at sign up to receive a

0:27:14.600 --> 0:27:17.480
<v Speaker 1>fifty dollar bonus when you fund your account. That's code

0:27:17.480 --> 0:27:20.400
<v Speaker 1>I Heart fifty when you sign up at une st

0:27:20.680 --> 0:27:23.720
<v Speaker 1>dot coo for a fifty dollar bonus. See terms and

0:27:23.760 --> 0:27:38.200
<v Speaker 1>conditions at uns dot coo. Altogether, it appears the prosecution

0:27:38.240 --> 0:27:41.720
<v Speaker 1>has amassed an overwhelming amount of evidence against the Wagner family.

0:27:42.240 --> 0:27:45.320
<v Speaker 1>Here is Agent Scheier telling George Wagner's attorney just how

0:27:45.400 --> 0:27:48.400
<v Speaker 1>much audio evidence the state has at their disposal. What

0:27:48.480 --> 0:27:51.479
<v Speaker 1>reportings do you have that you feel are relevant or

0:27:51.560 --> 0:27:56.199
<v Speaker 1>in this sure some evidence here in these case, we

0:27:56.320 --> 0:28:01.880
<v Speaker 1>have you know, approximately eight thousand recordings primarily of the

0:28:01.920 --> 0:28:06.320
<v Speaker 1>Wiger individuals, the family. You know, we also have interviews

0:28:06.480 --> 0:28:10.480
<v Speaker 1>where you know, I feel there was incriminating statements made

0:28:10.720 --> 0:28:14.800
<v Speaker 1>within the interviews. They've got wire taps in this case,

0:28:14.920 --> 0:28:18.840
<v Speaker 1>they have video surveillance evidence, they have, you know, countless

0:28:18.880 --> 0:28:22.520
<v Speaker 1>interviews with people. The prosecution has said, you know, this

0:28:22.600 --> 0:28:26.679
<v Speaker 1>is a voluminous file. They've said it takes up terabytes

0:28:26.720 --> 0:28:30.879
<v Speaker 1>and terabytes. A terabyte is a huge amount of space

0:28:30.920 --> 0:28:34.000
<v Speaker 1>on a computer, so that it kind of gives you

0:28:34.000 --> 0:28:37.720
<v Speaker 1>an idea of what they've gathered. The sheer volume of

0:28:37.760 --> 0:28:41.520
<v Speaker 1>evidence shocked even seasoned attorney Mike Allen. Here he is

0:28:41.840 --> 0:28:44.320
<v Speaker 1>talking to Jeff you as an expert, Is that a

0:28:44.400 --> 0:28:47.000
<v Speaker 1>high amount? Is that a normal amount of evidence? No,

0:28:47.400 --> 0:28:51.400
<v Speaker 1>that's that's just astronomical. I would not have expected it

0:28:51.440 --> 0:28:55.160
<v Speaker 1>to be that high. It's not normal at all. According

0:28:55.240 --> 0:28:58.720
<v Speaker 1>to investigative reporter Jodi Barr, George and the other accused

0:28:58.760 --> 0:29:01.760
<v Speaker 1>Wagners could have implicated at each other without even knowing.

0:29:02.040 --> 0:29:05.840
<v Speaker 1>What we don't know is whether the Wagners gave statements

0:29:06.080 --> 0:29:10.920
<v Speaker 1>and what statements they made to investigators before, during, or

0:29:10.960 --> 0:29:14.560
<v Speaker 1>after the charge. We don't know what the contents of

0:29:14.600 --> 0:29:18.160
<v Speaker 1>any intercepted phone calls as they've been in jail might

0:29:18.280 --> 0:29:20.840
<v Speaker 1>being Who knows what the state of Ohio has as

0:29:20.840 --> 0:29:24.520
<v Speaker 1>far as whether you know, statements made by one Wagner

0:29:24.760 --> 0:29:28.920
<v Speaker 1>could almost assure a conviction of another. So how could

0:29:28.960 --> 0:29:31.120
<v Speaker 1>we see the legal battles play out in the courtroom

0:29:31.120 --> 0:29:34.160
<v Speaker 1>if the Wagners aside to go to trial. As it stands,

0:29:34.400 --> 0:29:37.440
<v Speaker 1>Billy Angela and George Wagner have all been charged with

0:29:37.480 --> 0:29:41.480
<v Speaker 1>eight counts of aggravated murder. If convicted, they, like Jake,

0:29:41.560 --> 0:29:44.440
<v Speaker 1>will spend the rest of their lives in prison. Never

0:29:44.480 --> 0:29:48.000
<v Speaker 1>have I seen anything even remotely close to this case.

0:29:48.440 --> 0:29:51.800
<v Speaker 1>I've been involved in some bad ones, but this one

0:29:52.120 --> 0:29:54.680
<v Speaker 1>is by far the worst. One of the many things

0:29:54.800 --> 0:29:58.000
<v Speaker 1>that's so unique about this offense is you do have

0:29:58.200 --> 0:30:03.880
<v Speaker 1>generations of family members just taken out, completely excused. Hard

0:30:04.000 --> 0:30:08.000
<v Speaker 1>to imagine a fact scenario more bizarre than this one.

0:30:08.440 --> 0:30:12.280
<v Speaker 1>It's it's so unique in so many ways. One of

0:30:12.320 --> 0:30:14.640
<v Speaker 1>them is the enormous burden the trials will place on

0:30:14.680 --> 0:30:18.160
<v Speaker 1>the legal teams and the Ohio criminal justice system. You're

0:30:18.200 --> 0:30:21.400
<v Speaker 1>trying the case in a small county with limited resources.

0:30:22.120 --> 0:30:24.560
<v Speaker 1>I don't know how they're going to do it. It's

0:30:24.600 --> 0:30:27.640
<v Speaker 1>just going to be a logistical nightmare. Can the Wagner

0:30:27.720 --> 0:30:30.680
<v Speaker 1>lawyers work together on the defense or does it all

0:30:30.720 --> 0:30:33.400
<v Speaker 1>have to be separate? They can work together, and that

0:30:33.480 --> 0:30:36.560
<v Speaker 1>happens sometimes when you have code defendants. I think at

0:30:36.560 --> 0:30:39.960
<v Speaker 1>some point you run into some strategy problems. But to

0:30:40.040 --> 0:30:43.600
<v Speaker 1>a certain extent they can. But the lawyer obviously has

0:30:43.640 --> 0:30:46.560
<v Speaker 1>to zealously represent his client. But if it's in this

0:30:46.680 --> 0:30:49.720
<v Speaker 1>client's best interest to work with the other lawyers, yeah,

0:30:49.760 --> 0:30:54.840
<v Speaker 1>they definitely would. Witness testimony could also prove to be

0:30:54.880 --> 0:30:58.680
<v Speaker 1>a challenge. You're going to have witness burnout because many

0:30:59.280 --> 0:31:02.840
<v Speaker 1>most problem of the witnesses in one trial will be

0:31:02.920 --> 0:31:06.280
<v Speaker 1>witnesses in the other. And you know that's a that's

0:31:06.280 --> 0:31:09.360
<v Speaker 1>a burden upon the witnesses, But the prosecution has no

0:31:09.520 --> 0:31:12.080
<v Speaker 1>choice that they have to go forward in that nature.

0:31:13.600 --> 0:31:17.760
<v Speaker 1>Another obstacle seating a jury of twelve impartial Pike County residents.

0:31:18.160 --> 0:31:22.720
<v Speaker 1>Here's Chris speaking to reporter James Pilcher. It's Ohio state

0:31:22.800 --> 0:31:25.240
<v Speaker 1>law that you initially have to try and see a

0:31:25.360 --> 0:31:28.200
<v Speaker 1>jury in the county the crime was committed. Correct. So

0:31:28.360 --> 0:31:31.160
<v Speaker 1>Angela Wagner has already requested that her trial be moved

0:31:31.160 --> 0:31:34.160
<v Speaker 1>out of Pike County, but under high legal procedures, you

0:31:34.200 --> 0:31:36.080
<v Speaker 1>have to try to see the jury in the county

0:31:36.080 --> 0:31:38.840
<v Speaker 1>where the crime was committed before you're allowed to move it.

0:31:38.920 --> 0:31:41.160
<v Speaker 1>So they've got a pull from any jury pool of

0:31:41.280 --> 0:31:44.320
<v Speaker 1>registered voters, will narrow it down to twelve plus a

0:31:44.320 --> 0:31:47.000
<v Speaker 1>couple of alternates, and that process can take anywhere from

0:31:47.080 --> 0:31:50.200
<v Speaker 1>three days to a week, depending on the complexity of

0:31:50.240 --> 0:31:52.400
<v Speaker 1>the case. I mean, that's going to be really difficult,

0:31:52.480 --> 0:31:54.479
<v Speaker 1>isn't it. I mean there's only I think what twenty

0:31:54.480 --> 0:31:58.080
<v Speaker 1>seven twenty eight thousand residents in all of Pike County.

0:31:58.360 --> 0:32:01.520
<v Speaker 1>You have to pick jurors for cases out of a

0:32:01.840 --> 0:32:04.400
<v Speaker 1>jury pool that small. I would not be surprised to

0:32:04.400 --> 0:32:07.760
<v Speaker 1>see them have to move some of these trials to

0:32:07.840 --> 0:32:12.800
<v Speaker 1>another county. Again, here's Mike Allen. That's probably the judge's

0:32:13.320 --> 0:32:17.160
<v Speaker 1>biggest headache in this case is to ultimately be able

0:32:17.160 --> 0:32:20.680
<v Speaker 1>to see separate juries that can be fair both to

0:32:20.720 --> 0:32:23.680
<v Speaker 1>the state and to the defense, because I think you'd

0:32:23.720 --> 0:32:27.360
<v Speaker 1>be hard pressed to find any county in the state

0:32:27.400 --> 0:32:31.760
<v Speaker 1>of Ohio that just was not inundated with media coverage

0:32:31.840 --> 0:32:34.640
<v Speaker 1>about this. But it's important to keep this in mind.

0:32:35.200 --> 0:32:39.480
<v Speaker 1>If a potential juror says under oath that, yes, I

0:32:39.520 --> 0:32:42.760
<v Speaker 1>have seen things in the media about this, but I

0:32:42.960 --> 0:32:47.560
<v Speaker 1>can divorce myself from those things and render a fair

0:32:47.600 --> 0:32:52.200
<v Speaker 1>and impartial verdict based upon the evidence that we see

0:32:52.240 --> 0:32:56.520
<v Speaker 1>from the witness stand, the testimony, and the instructions given

0:32:56.560 --> 0:33:00.000
<v Speaker 1>by the judge. That's then a good and acceptable jury.

0:33:00.200 --> 0:33:02.760
<v Speaker 1>And that's the only way that this case is going

0:33:02.800 --> 0:33:06.320
<v Speaker 1>to work. Because unless you're living in some kind of

0:33:06.320 --> 0:33:09.240
<v Speaker 1>a cave, I don't care who you are, you've heard

0:33:09.280 --> 0:33:11.840
<v Speaker 1>about it, and you know you're just not going to

0:33:11.880 --> 0:33:14.800
<v Speaker 1>be able to seek a jury of twelve in any

0:33:14.840 --> 0:33:17.880
<v Speaker 1>of these cases where they've not heard anything about it.

0:33:18.480 --> 0:33:21.480
<v Speaker 1>How are each of the cases likely to affect the other?

0:33:21.760 --> 0:33:23.640
<v Speaker 1>Are there things that we should be keeping an eye

0:33:23.680 --> 0:33:26.360
<v Speaker 1>on the first one that goes I think has the

0:33:26.400 --> 0:33:30.280
<v Speaker 1>tougher road, and the guy going last or next to last,

0:33:31.360 --> 0:33:34.160
<v Speaker 1>they're going to have an advantage by knowing which way

0:33:34.200 --> 0:33:38.560
<v Speaker 1>the judge will rule on evidentiary motions and things of

0:33:38.640 --> 0:33:41.640
<v Speaker 1>that nature. They'll have the benefit of watching the take

0:33:41.760 --> 0:33:44.760
<v Speaker 1>so to speak, like a like a football coach would.

0:33:46.520 --> 0:33:49.360
<v Speaker 1>But there could be one overlooked factor that determines the

0:33:49.400 --> 0:33:53.000
<v Speaker 1>outcome of the cases, the drive of the prosecuting attorneys.

0:33:53.480 --> 0:33:56.240
<v Speaker 1>When you see a case like this and see the

0:33:56.360 --> 0:33:59.640
<v Speaker 1>position these young kids have been put in, what does

0:33:59.680 --> 0:34:01.600
<v Speaker 1>that mean you feel when you see a case like this,

0:34:02.160 --> 0:34:07.560
<v Speaker 1>it's just absolutely heartbreaking. It just is because you just

0:34:07.760 --> 0:34:11.360
<v Speaker 1>know that that is going to permanently affect that child.

0:34:11.600 --> 0:34:16.520
<v Speaker 1>There's no way that it couldn't. But a prosecutor's driven

0:34:16.560 --> 0:34:20.440
<v Speaker 1>by justice for the victim and the victim's family. But

0:34:20.520 --> 0:34:25.360
<v Speaker 1>if you have a particularly violent and hand his crime

0:34:25.520 --> 0:34:30.440
<v Speaker 1>like you have here, it's tough. But as a prosecutor, honestly,

0:34:30.560 --> 0:34:33.239
<v Speaker 1>it makes you want to work all the harder to

0:34:33.280 --> 0:34:36.359
<v Speaker 1>get a conviction. And yeah, that's just the way it is.

0:34:37.840 --> 0:34:41.120
<v Speaker 1>We've heard Special Agent Ryan Scheiderer mentioned witnesses who are

0:34:41.120 --> 0:34:44.359
<v Speaker 1>close to the Wagner's and excerpts of his testimony. Since

0:34:44.440 --> 0:34:47.680
<v Speaker 1>Jake Wagner's confession, we haven't heard anything from grandmother of

0:34:47.719 --> 0:34:51.920
<v Speaker 1>the accused, Frederica Wagner. Last season, we talked about how

0:34:51.960 --> 0:34:55.240
<v Speaker 1>she was arrested on obstruction of justice and perjury charges

0:34:55.239 --> 0:34:58.640
<v Speaker 1>pretending to bulletproof est she purchased for her son, Billy Wagner.

0:34:58.719 --> 0:35:01.839
<v Speaker 1>Prosecutors believe she purchased the best for him to use

0:35:01.960 --> 0:35:04.600
<v Speaker 1>in the killings. Her charges were dropped after hearing in

0:35:04.640 --> 0:35:07.680
<v Speaker 1>twenty nineteen, as the prosecution feared not being able to

0:35:07.719 --> 0:35:10.120
<v Speaker 1>try the case before the two hundred and seventy days

0:35:10.120 --> 0:35:14.480
<v Speaker 1>Speedy Trial statute. But her case isn't closed yet, Frederica.

0:35:14.640 --> 0:35:18.200
<v Speaker 1>They've indicated in court documents that they may charge her

0:35:18.239 --> 0:35:23.280
<v Speaker 1>again with obstruction. Frederica Wagner has vehemently defended her family's innocence,

0:35:23.800 --> 0:35:26.160
<v Speaker 1>but is it possible that she knows more about what

0:35:26.239 --> 0:35:28.960
<v Speaker 1>happened the night of April twenty first, twenty sixteen than

0:35:29.040 --> 0:35:33.600
<v Speaker 1>she's let on. Depending on what Jake Wagner knows and reveals,

0:35:33.880 --> 0:35:36.960
<v Speaker 1>it's possible that grandmother Frederica Wagner could be looking at

0:35:37.000 --> 0:35:41.080
<v Speaker 1>new charges. Do you know what Jake pleading guilty, how

0:35:41.120 --> 0:35:44.920
<v Speaker 1>that will impact his grandmother, Well, they can always be

0:35:45.640 --> 0:35:50.320
<v Speaker 1>reindicted if there's additional new evidence. He kind of seems

0:35:50.360 --> 0:35:52.840
<v Speaker 1>to be like he's the key to this entire case.

0:35:53.360 --> 0:35:58.040
<v Speaker 1>So yeah, I suppose it's possible. To our knowledge, Frederico

0:35:58.080 --> 0:36:01.120
<v Speaker 1>Wagner has not been implicated in any other crimes, nor

0:36:01.200 --> 0:36:03.799
<v Speaker 1>has she made any plea deals with the prosecution. But

0:36:04.040 --> 0:36:06.200
<v Speaker 1>the same camp be said for the other grandmother who

0:36:06.280 --> 0:36:09.640
<v Speaker 1>was charged in the case. Rita Newcome. Angela Wagner's mother,

0:36:09.680 --> 0:36:13.800
<v Speaker 1>had initially told investigators that she had notarized and signed

0:36:13.840 --> 0:36:17.200
<v Speaker 1>some custody documents for the child that Jake and Hannah

0:36:17.280 --> 0:36:20.480
<v Speaker 1>shared in the event that they died. But then later

0:36:20.520 --> 0:36:23.239
<v Speaker 1>as her trial approached, on the day of trial, all

0:36:23.280 --> 0:36:25.520
<v Speaker 1>of the sudden, we were all out there ready to go,

0:36:25.760 --> 0:36:29.000
<v Speaker 1>and the trial was canceled. And then a short time

0:36:29.080 --> 0:36:32.719
<v Speaker 1>later she pleaded guilty, and in court the prosecution outlined

0:36:32.880 --> 0:36:35.880
<v Speaker 1>how they said that Rita admitted that she had lied

0:36:35.960 --> 0:36:38.480
<v Speaker 1>and that her daughter Angela, had asked her to lie

0:36:38.719 --> 0:36:43.480
<v Speaker 1>about signing and notarizing those custody documents. Here's a statement

0:36:43.560 --> 0:36:47.120
<v Speaker 1>Rita newcomade during her plea deal. As anyone promised you

0:36:47.160 --> 0:36:50.160
<v Speaker 1>anything at all, or threatened you in any way at

0:36:50.200 --> 0:36:54.000
<v Speaker 1>all in order to induce you to withdraw your former

0:36:54.040 --> 0:36:58.360
<v Speaker 1>plea of not guilty entered to the original charge of

0:36:58.440 --> 0:37:02.719
<v Speaker 1>obstructing justice I degree felly in count four, and to

0:37:02.840 --> 0:37:06.239
<v Speaker 1>enter a plea of guilty to the amended charge of

0:37:06.280 --> 0:37:11.920
<v Speaker 1>obstructing official business, a misdemeanor of the second degree. No,

0:37:12.120 --> 0:37:14.879
<v Speaker 1>I just feel that it's not a good Christian thank

0:37:14.920 --> 0:37:20.520
<v Speaker 1>to line, and I couldn't he put it anymore. This

0:37:20.600 --> 0:37:24.400
<v Speaker 1>is all despite Angela Wagner's repeated attempts to further manipulate

0:37:24.480 --> 0:37:29.080
<v Speaker 1>her mother. During court hearings for Angela's mother, Rita Newcomb,

0:37:29.239 --> 0:37:32.080
<v Speaker 1>it was stated that Angela Wagner was on jail calls

0:37:32.239 --> 0:37:35.520
<v Speaker 1>telling her mother, you don't have to testify against us.

0:37:37.239 --> 0:37:40.600
<v Speaker 1>Mike Allen told Stephanie about the challenges Rita Newcomb's testimony

0:37:40.640 --> 0:37:43.880
<v Speaker 1>could present if the trials move forward. If it's obvious

0:37:43.960 --> 0:37:46.200
<v Speaker 1>to the trial judge that she doesn't want to be

0:37:46.280 --> 0:37:50.120
<v Speaker 1>testifying to the state, the judge can and probably would,

0:37:50.200 --> 0:37:53.320
<v Speaker 1>designate her as a hostile witness. What is a hostile

0:37:53.320 --> 0:37:57.640
<v Speaker 1>witness if the prosecution has to call a witness to

0:37:57.920 --> 0:38:01.120
<v Speaker 1>establish or help establish one of the elements of the offense,

0:38:01.320 --> 0:38:05.360
<v Speaker 1>and that witnesses someone who's more sympathetic with the defense.

0:38:05.760 --> 0:38:08.640
<v Speaker 1>In all likelihood than the judge would designate that person

0:38:08.680 --> 0:38:12.239
<v Speaker 1>a hostile witness, giving the prosecutor the opportunity to ask

0:38:12.360 --> 0:38:15.120
<v Speaker 1>leading questions. So it's not a matter whether they get

0:38:15.200 --> 0:38:17.319
<v Speaker 1>up on the stand and act at crazy or act

0:38:17.360 --> 0:38:20.720
<v Speaker 1>like an idiot. It's a matter of is this person,

0:38:21.000 --> 0:38:25.600
<v Speaker 1>you know, going to cooperate with whoever is calling them.

0:38:25.640 --> 0:38:28.520
<v Speaker 1>Another possibility is hearing from one of the long rumored

0:38:28.520 --> 0:38:31.960
<v Speaker 1>informants we discussed last season. Mike Allen discussed the role

0:38:32.000 --> 0:38:35.200
<v Speaker 1>informants usually play in cases like the Wagner's. Are you

0:38:35.280 --> 0:38:37.799
<v Speaker 1>able to Mike just tell us what an informant is.

0:38:38.200 --> 0:38:40.560
<v Speaker 1>It usually is a situation where they go to the

0:38:40.600 --> 0:38:43.799
<v Speaker 1>police with some information. I mean police can seek out

0:38:43.840 --> 0:38:47.120
<v Speaker 1>people too and you know, just say hey, you know,

0:38:47.160 --> 0:38:49.360
<v Speaker 1>you tell us what you know about this, And I

0:38:49.400 --> 0:38:51.640
<v Speaker 1>mean it happens both ways, but more often than not,

0:38:51.920 --> 0:38:54.960
<v Speaker 1>it's it's the police know that somebody there's a good

0:38:55.000 --> 0:38:58.879
<v Speaker 1>chance somebody would know something, and they seek that person out.

0:38:59.120 --> 0:39:02.080
<v Speaker 1>But the thing of it is it's a confidential and

0:39:02.239 --> 0:39:06.360
<v Speaker 1>reliable informant. So it has to be someone that you

0:39:07.360 --> 0:39:10.960
<v Speaker 1>can build a case that they are reliable. At George

0:39:10.960 --> 0:39:14.080
<v Speaker 1>Wagner's bond hearing last year, Agent Ryan Scheiderer told the

0:39:14.120 --> 0:39:16.920
<v Speaker 1>court that one informant had disclosed a deadly plot that

0:39:16.920 --> 0:39:20.120
<v Speaker 1>the Wagner family was planning on carrying out. It included

0:39:20.280 --> 0:39:24.200
<v Speaker 1>then Attorney General Mike Dwine, Pike County Sheriff Charles Reader,

0:39:24.320 --> 0:39:28.799
<v Speaker 1>and Scheiderer himself. There is a witness that testified that

0:39:29.520 --> 0:39:33.760
<v Speaker 1>she was present when George, his brother, Jake, his mom,

0:39:33.880 --> 0:39:40.400
<v Speaker 1>and his dad were basically organizing a retaliation plan should

0:39:40.400 --> 0:39:46.160
<v Speaker 1>they get arrested and charged, specifically targeting myself and Dwine

0:39:46.360 --> 0:39:51.560
<v Speaker 1>and share Reader. Okay, And according to the person who

0:39:51.640 --> 0:39:56.480
<v Speaker 1>gave you this information, when was that stage summer of

0:39:56.600 --> 0:40:02.319
<v Speaker 1>twenty eighteen. Anette Levy heard Scheiderer's testimony that day. I

0:40:02.360 --> 0:40:04.880
<v Speaker 1>think there's supposed to be a couple of informants in

0:40:04.920 --> 0:40:08.160
<v Speaker 1>this case, and one of them, which is very interesting,

0:40:08.480 --> 0:40:11.720
<v Speaker 1>happens to be a woman who married Jake Wagner when

0:40:11.800 --> 0:40:20.759
<v Speaker 1>the family went to Alaska. Let's stop here for another

0:40:20.840 --> 0:40:27.760
<v Speaker 1>quick break. We'll be back in a moment. At times,

0:40:27.880 --> 0:40:31.640
<v Speaker 1>it is hard to not be discouraged. Climate change, abortion vans,

0:40:31.920 --> 0:40:36.239
<v Speaker 1>rising inequality, attacks on the LGTBQ plus community. That's why

0:40:36.280 --> 0:40:39.440
<v Speaker 1>you march vote, write your congress person and try to

0:40:39.480 --> 0:40:41.880
<v Speaker 1>do your part. One small thing you can do is

0:40:41.880 --> 0:40:44.880
<v Speaker 1>switch your mobile phone to Credo Mobile. Credo Mobile is

0:40:44.920 --> 0:40:48.160
<v Speaker 1>America's only progressive mobile phone company, and they donate a

0:40:48.160 --> 0:40:51.400
<v Speaker 1>portion of their proceeds to progressive nonprofit groups each month

0:40:51.560 --> 0:40:55.640
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0:40:55.719 --> 0:40:58.640
<v Speaker 1>and so many more. When you join Credo Mobile, you're

0:40:58.640 --> 0:41:01.279
<v Speaker 1>not just getting service on the nation's best network. You're

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<v Speaker 1>That's credomobile dot Com Code Podcast fifty. Interesting and relatable topics,

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<v Speaker 1>He'll forget about the video game you gave him on

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<v Speaker 1>terms and conditions at unest dot COO. I'm Katie Lows.

0:42:58.600 --> 0:43:01.000
<v Speaker 1>I am an actor, a podcast as host, a mom,

0:43:01.320 --> 0:43:04.440
<v Speaker 1>and honestly very tired most of the time. And I'm

0:43:04.480 --> 0:43:07.640
<v Speaker 1>Adam Shapiro, an actor, a pretzel maker, a dad, and

0:43:07.760 --> 0:43:10.160
<v Speaker 1>Katie's husband. And we're so excited because we're the new

0:43:10.200 --> 0:43:13.719
<v Speaker 1>hosts of Chasing Sleep, the production of Ruby Studios from

0:43:13.760 --> 0:43:17.760
<v Speaker 1>iHeartMedia in partnership with Mattress Firm. Sleep affects your physical

0:43:17.800 --> 0:43:21.600
<v Speaker 1>and mental performance, your family dynamics, and your quality of

0:43:21.719 --> 0:43:25.920
<v Speaker 1>life as you grow older. Sleep can even affect dreaming life.

0:43:25.920 --> 0:43:29.600
<v Speaker 1>The dreams come to us naturally, but we have to

0:43:29.640 --> 0:43:33.600
<v Speaker 1>provide the action as individuals. So the first question that

0:43:33.760 --> 0:43:37.400
<v Speaker 1>I always ask the dreamer is how are you feeling

0:43:37.760 --> 0:43:41.759
<v Speaker 1>in the dream? The maths sad, glad or afraid. If

0:43:41.760 --> 0:43:44.880
<v Speaker 1>we can narrow our emotions down to that, then we

0:43:44.920 --> 0:43:46.960
<v Speaker 1>can take some action. We're going to talk to the

0:43:47.000 --> 0:43:49.719
<v Speaker 1>experts who will help everyday people like us explore the

0:43:49.800 --> 0:43:52.920
<v Speaker 1>mysteries behind our own sleep. So listen to Chasing Sleep

0:43:53.000 --> 0:43:55.759
<v Speaker 1>on the iHeartRadio app, Apple podcasts, or wherever you get

0:43:55.800 --> 0:44:06.960
<v Speaker 1>your podcasts. Last season, we talked about the Wagner suspicious

0:44:07.000 --> 0:44:10.160
<v Speaker 1>move to Alaska in June of twenty seventeen, at the

0:44:10.200 --> 0:44:12.880
<v Speaker 1>height of the Roden murder investigation. They said this had

0:44:12.920 --> 0:44:15.600
<v Speaker 1>been planned for some time. The boys were looking for

0:44:15.640 --> 0:44:18.880
<v Speaker 1>good jobs up there, and then Jake met a woman

0:44:19.480 --> 0:44:24.239
<v Speaker 1>at church. They became married. And in the discovery documents

0:44:24.880 --> 0:44:27.800
<v Speaker 1>that detail what was handed over by the state to

0:44:28.000 --> 0:44:31.640
<v Speaker 1>the Wagner attorneys, it states that there are several interviews

0:44:31.760 --> 0:44:36.040
<v Speaker 1>between a Bureau of Criminal Investigations agent and the woman

0:44:36.440 --> 0:44:39.360
<v Speaker 1>that Jake Wagner married while he was living in Alaska,

0:44:39.480 --> 0:44:41.480
<v Speaker 1>So there are a number of interviews with her and

0:44:41.520 --> 0:44:49.560
<v Speaker 1>recorded phone calls between this woman and Jake Wagner. What

0:44:49.640 --> 0:44:52.160
<v Speaker 1>about the witnesses who were left alive at the scene,

0:44:52.520 --> 0:44:55.080
<v Speaker 1>the Roden children who were spared that fateful night in

0:44:55.080 --> 0:44:58.680
<v Speaker 1>twenty sixteen. One of the kids was a three year

0:44:58.719 --> 0:45:02.600
<v Speaker 1>old toddler. If that child witnessed the murder, I don't

0:45:02.640 --> 0:45:05.439
<v Speaker 1>know if he said something when the investadors came in

0:45:05.880 --> 0:45:09.160
<v Speaker 1>that pointed to possibly someone in the Wagner family, because

0:45:09.520 --> 0:45:12.439
<v Speaker 1>they would have all known each other. You know, he's

0:45:12.480 --> 0:45:16.479
<v Speaker 1>eight now. If he had any memory or had said

0:45:16.560 --> 0:45:18.960
<v Speaker 1>something at the time when they found him. Is there

0:45:19.000 --> 0:45:21.320
<v Speaker 1>any potential that he might be called as a witness

0:45:21.920 --> 0:45:25.920
<v Speaker 1>although eight Now in Ohio, the rule is a child

0:45:26.160 --> 0:45:31.040
<v Speaker 1>under the age of ten is presumed incompetent to testify. Now,

0:45:31.080 --> 0:45:34.319
<v Speaker 1>if a judge does what they call a bordier of

0:45:34.400 --> 0:45:37.719
<v Speaker 1>that potential witness and determines that the young person does

0:45:37.800 --> 0:45:40.840
<v Speaker 1>know the difference between telling the truth and telling a lie,

0:45:41.000 --> 0:45:45.160
<v Speaker 1>it's possible that the judge could permit the testimony. But boy,

0:45:45.200 --> 0:45:48.360
<v Speaker 1>any defense attorney are going to fight like crazy to

0:45:48.480 --> 0:45:52.360
<v Speaker 1>keep something like that out. It comes down to the reliability.

0:45:52.600 --> 0:45:56.640
<v Speaker 1>Is it a reliable statement? Can you rely on something

0:45:56.680 --> 0:45:59.480
<v Speaker 1>that a three year old saw and something that an

0:45:59.480 --> 0:46:03.719
<v Speaker 1>eight year old, years after the fact is trying to explain.

0:46:03.800 --> 0:46:07.759
<v Speaker 1>It's tough, not impossible to get a statement like that in,

0:46:07.840 --> 0:46:11.799
<v Speaker 1>but I think highly unlikely. Mike Allen points it out

0:46:11.800 --> 0:46:14.360
<v Speaker 1>a compelling entry in one of the discovery documents that

0:46:14.440 --> 0:46:17.839
<v Speaker 1>implies another piece of the evidentiary puzzle. Is there one

0:46:17.880 --> 0:46:20.680
<v Speaker 1>piece of evidence just based on what you've seen in

0:46:20.760 --> 0:46:24.440
<v Speaker 1>terms of the discovery list, that is the aha or

0:46:24.560 --> 0:46:27.959
<v Speaker 1>something that really surprised you. Yeah, there's definitely one thing,

0:46:28.239 --> 0:46:32.399
<v Speaker 1>says trash Poll from June eighth, twenty and seventeen, and

0:46:32.600 --> 0:46:37.080
<v Speaker 1>that can only mean one thing that DNA is involved

0:46:37.120 --> 0:46:42.000
<v Speaker 1>in this case. What a trash poll is when somebody

0:46:42.040 --> 0:46:44.719
<v Speaker 1>sets their trash out at the curb, they do not

0:46:44.920 --> 0:46:50.040
<v Speaker 1>have a privacy interest anymore in that trash. So it's

0:46:50.120 --> 0:46:53.120
<v Speaker 1>open season for the police if they want to go

0:46:53.239 --> 0:46:58.360
<v Speaker 1>rooting through somebody's trash. And that's how in many instances,

0:46:58.440 --> 0:47:03.279
<v Speaker 1>that's how law enforcement gets DNA evidence is from trash polls.

0:47:03.320 --> 0:47:05.560
<v Speaker 1>That's the thing that closes the deal, right that that

0:47:05.920 --> 0:47:09.520
<v Speaker 1>like closes the case essentially. That's the part of the

0:47:09.600 --> 0:47:13.040
<v Speaker 1>CSI thing that you know, jurors watch and that's one

0:47:13.080 --> 0:47:16.200
<v Speaker 1>thing that's accurate. I mean, if it gets into evidence,

0:47:16.320 --> 0:47:22.760
<v Speaker 1>it's it's just devastating. Another revelation we're likely to witness

0:47:22.800 --> 0:47:26.480
<v Speaker 1>at the trial is more information about the rodents autopsy reports.

0:47:26.840 --> 0:47:29.200
<v Speaker 1>Though the documents will released months after the murders in

0:47:29.239 --> 0:47:32.200
<v Speaker 1>twenty sixteen, they were heavily redacted due to a gag

0:47:32.239 --> 0:47:34.680
<v Speaker 1>utter imposed by the judge on the case. This is

0:47:34.719 --> 0:47:38.400
<v Speaker 1>just a situation where you know, the trial judge who

0:47:38.480 --> 0:47:43.120
<v Speaker 1>has to shepherd these trials through fairly doesn't want the

0:47:43.200 --> 0:47:46.920
<v Speaker 1>public getting this information before trial. One of the reasons

0:47:46.960 --> 0:47:50.080
<v Speaker 1>being you don't want a tainted jury pool, and of

0:47:50.160 --> 0:47:55.160
<v Speaker 1>course prosecution they don't want to telegraph anything from that

0:47:55.400 --> 0:48:00.279
<v Speaker 1>autopsy with respect to their strategy. Reporter James p Ulture

0:48:00.440 --> 0:48:02.400
<v Speaker 1>told us what journalists were able to glean from the

0:48:02.440 --> 0:48:06.319
<v Speaker 1>initial releases. He basically laid out where they were found,

0:48:06.360 --> 0:48:08.359
<v Speaker 1>how many times they were shot. You know where they

0:48:08.360 --> 0:48:12.480
<v Speaker 1>were shot, and you know they did list specifically where

0:48:12.520 --> 0:48:17.120
<v Speaker 1>the kids, the young kids were found. So what can

0:48:17.160 --> 0:48:20.520
<v Speaker 1>we expect from the full reports. A good autopsy, I'll

0:48:20.520 --> 0:48:23.080
<v Speaker 1>tell you a lot about how the victim lived and

0:48:23.080 --> 0:48:26.799
<v Speaker 1>how they died, and gets a pivotal critical piece of

0:48:26.840 --> 0:48:31.960
<v Speaker 1>the investigation and possibly reveal information that maybe only the

0:48:32.040 --> 0:48:37.200
<v Speaker 1>killer would know. But the most powerful part of the

0:48:37.239 --> 0:48:40.279
<v Speaker 1>state's case could come from the prosecutor's recreation of the

0:48:40.280 --> 0:48:44.160
<v Speaker 1>events of April twenty first, twenty sixteen. According to forensics

0:48:44.160 --> 0:48:47.319
<v Speaker 1>expert Joseph Morgan, this narrative helps give a voice to

0:48:47.400 --> 0:48:51.120
<v Speaker 1>each member of the slain family. It's something that we'll

0:48:51.160 --> 0:48:53.960
<v Speaker 1>be revealing in real time as the trials for Billy

0:48:54.120 --> 0:49:00.080
<v Speaker 1>Angela and George Wagner proceed. In the case of a

0:49:00.200 --> 0:49:06.960
<v Speaker 1>masker in Piked and every single human remain every body

0:49:07.520 --> 0:49:12.400
<v Speaker 1>that was there has an individual tale to be told.

0:49:12.840 --> 0:49:15.400
<v Speaker 1>The prosecution is trying to paint a picture here and

0:49:15.440 --> 0:49:18.040
<v Speaker 1>they're going to do that through these bodies there. That's

0:49:18.200 --> 0:49:20.279
<v Speaker 1>going to be the vessel they're going to travel through here.

0:49:20.600 --> 0:49:24.560
<v Speaker 1>And the more vibrant that the prosecution can make that picture,

0:49:25.040 --> 0:49:29.880
<v Speaker 1>the more perfective. It shocks the conscience of just people

0:49:29.920 --> 0:49:32.040
<v Speaker 1>that go about their normal day life. They don't expect

0:49:32.040 --> 0:49:34.680
<v Speaker 1>this type of thing to happen, and it is pure.

0:49:41.640 --> 0:49:46.400
<v Speaker 1>More on that next time. For more information on the

0:49:46.440 --> 0:49:49.960
<v Speaker 1>case and relevant photos, follow us on Instagram at Katie

0:49:50.160 --> 0:49:54.000
<v Speaker 1>Underscore Studios. The Piked and Massacre Returned to Pike County

0:49:54.120 --> 0:49:57.680
<v Speaker 1>is executive produced by Stephanie Lydecker and me Courtney Armstrong.

0:49:58.080 --> 0:50:01.200
<v Speaker 1>Editing and sound designed by executive producer Sir Jared Aston.

0:50:01.480 --> 0:50:05.240
<v Speaker 1>Additional producing by Jeff Shane, Andrew Becker and Chris Graves.

0:50:05.600 --> 0:50:08.000
<v Speaker 1>The Piked and Massacre Returned to Pike County is a

0:50:08.000 --> 0:50:12.480
<v Speaker 1>production of iHeartRadio and Katie Studios. For more podcasts from iHeartRadio,

0:50:12.680 --> 0:50:16.200
<v Speaker 1>visit the iHeartRadio app, Apple Podcasts, or wherever you listen

0:50:16.320 --> 0:50:21.920
<v Speaker 1>to your favorite shows. Since her role as White House Correspondent,

0:50:22.040 --> 0:50:25.759
<v Speaker 1>Caitlyn Collins has never been afraid to dictie. She's a reliable,

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<v Speaker 1>deeply sourced reporter and is always willing to hold the

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<v Speaker 1>powerful accountable. On her new CNN show, The Source with

0:50:32.000 --> 0:50:35.759
<v Speaker 1>Caitlyn Collins, Caitlyn is bringing that tenacious spirit to primetime.

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<v Speaker 1>She's chasing the facts, connecting with her rolodex of sources,

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<v Speaker 1>and pulling the threads of a story together right up

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<v Speaker 1>to the minute she goes live, so viewers are getting

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<v Speaker 1>the very latest The Source with Caitlyn Collins weeknights at

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