WEBVTT - Wagner vs. Wagner

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<v Speaker 1>Welcome to The Piked and Massacre, a production of iHeartRadio

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<v Speaker 1>and Katie Studios. I gotta tell you from kind of

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<v Speaker 1>a visceral standpoint, when I heard the news that this

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<v Speaker 1>kid had rolled over on this case, one thing that

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<v Speaker 1>kind of came to mind from me is, you know,

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<v Speaker 1>I kind of envisioned his mother in almost a mob

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<v Speaker 1>Barker kind of way, that she's kind of the puppet

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<v Speaker 1>master that's controlling everything. He's sitting there all along, and

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<v Speaker 1>suddenly he has this lucid moment where he's out from

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<v Speaker 1>under that though, and he realizes, I'm going to get

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<v Speaker 1>the needle for all of this. This is The Piked

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<v Speaker 1>and Massacre. Returned to Pike County Season two, Episode three,

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<v Speaker 1>Wagner Versus Wagner m Courtney Armstrong, a television producer at

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<v Speaker 1>Katie Studios with Stephanie Lydecker and Jeff Shane. On April

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<v Speaker 1>twenty second, twenty twenty one, Jake Wagner pleaded guilty to

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<v Speaker 1>eight aggravated murder charges in the Rodent family massacre. As

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<v Speaker 1>part of his plea deal, he implicated his mother, Angela Wagner,

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<v Speaker 1>father Billy Wagner, and brother George Wagner as co conspirators

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<v Speaker 1>in the killings. He's also agreeing to testify against his

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<v Speaker 1>parents and brother, who are also charged in these murders.

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<v Speaker 1>Here's reporter Anjeanette Levy. I don't believe anybody knew he

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<v Speaker 1>was going to do this, So it's it's a pretty

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<v Speaker 1>stunning development to see Jake Wagner, the youngest of the

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<v Speaker 1>entire family, who would you would think would be, you know,

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<v Speaker 1>maybe the most pliable in some respects because he is

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<v Speaker 1>the youngest. But to see him just break away from

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<v Speaker 1>his family, I don't know, it's it's pretty interesting. The

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<v Speaker 1>significance of Jake Wagner folding on his family cannot be overstated.

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<v Speaker 1>But what does it mean moving forward? Criminal defense attorney

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<v Speaker 1>Mike Allen told Stephanie that it could signal an impending

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<v Speaker 1>legal 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 Proscue is not going to show his cards,

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<v Speaker 1>or in this case, she Angie when she's got three

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<v Speaker 1>other defendants to try, so they're still going to hold

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<v Speaker 1>it close to the vest I think. Stephanie asked reporter

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<v Speaker 1>James Pilcher if there were still moves left for Jake

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<v Speaker 1>to play. Is it possible that he'll say that Jacob

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<v Speaker 1>could say I was in a very controlling environment. My mother,

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<v Speaker 1>Angela Wagner, controlled us, My father was a bully and

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<v Speaker 1>said I had to do these things, and we were

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<v Speaker 1>coerced into it. Is there any value in that even?

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<v Speaker 1>I mean, that's entirely possible, and some of the reporting

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<v Speaker 1>that's what we've heard Lee Coal. The other thing I

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<v Speaker 1>will say is that maybe they're going after bigger game

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<v Speaker 1>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 a 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 in 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. Anette 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 fitthered, 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 Roden 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 motions.

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<v Speaker 1>Death penalty is off the table now. People following the

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<v Speaker 1>case 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. We

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<v Speaker 1>I think everybody's agreed that, given recent events, that everybody

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<v Speaker 1>needs to step back and reassess. The hearing concluded with

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<v Speaker 1>an agreement to reschedule the motion for June twenty first,

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<v Speaker 1>twenty one. Though there were no bombshell developments, it's clear

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<v Speaker 1>that the next few weeks will be pivotal. George Wagner

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<v Speaker 1>and his accused parents, Angela and Billy Wagner must now

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<v Speaker 1>decide how they will proceed. Do you think that it's

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<v Speaker 1>possible that now that Jake took the plea deal and

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<v Speaker 1>admitted to the murders that we may see Billy Angela

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<v Speaker 1>and or George doing this same thing. I think it's

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<v Speaker 1>possible that the others could plead out. But at the

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<v Speaker 1>same time, what's the point They have nothing to lose

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<v Speaker 1>by going to trial, because they either to plead out

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<v Speaker 1>get life in prison, or they roll the dice and

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<v Speaker 1>go to trial and maybe they can hang a jury.

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<v Speaker 1>As Mike Allen points out, there's no one case that

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<v Speaker 1>assures an 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 dynamic. They're very They lived together,

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<v Speaker 1>They've always lived together. Their finances are intermingled, the homeschool together,

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<v Speaker 1>they raise their kids together. Everything is done together. As

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<v Speaker 1>well as we have an informat who says that every

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<v Speaker 1>decision within that family is made as a family decision.

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<v Speaker 1>Without any of the other Wagners coming forward with plea deals,

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<v Speaker 1>there are still a lot of questions that need to

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<v Speaker 1>be answered about the family that is alleged to have

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<v Speaker 1>carried out Ohio's most notorious crime. It's worth noting that

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<v Speaker 1>while Jake Wagner pleaded guilty, Angela Billy and George Wagner

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<v Speaker 1>have pleaded not guilty. The state is kind of maintained

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<v Speaker 1>that each person in this conspiracy had their own role,

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<v Speaker 1>They had their own kind of part to play, And

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<v Speaker 1>you know, it's going to be interesting to see how

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<v Speaker 1>strong the evidence is to support their assertion that each

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<v Speaker 1>person had a role in this conspiracy. At this point,

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<v Speaker 1>one thing is clear, Jake Wagner holds the fate of

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<v Speaker 1>his family in his hands, and the united front the

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<v Speaker 1>Wagner family has built is beginning to erode. How it

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<v Speaker 1>will all unfold is anyone's guess. Remember, we don't know

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<v Speaker 1>exactly what Jake said and how he said it. We

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<v Speaker 1>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 Neette 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 deaf count Vias thought,

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<v Speaker 1>can be held without bail automatically. There's really no question

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<v Speaker 1>about it. So they were kind of wanting to, I

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<v Speaker 1>think get some more information about the evidence in the

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<v Speaker 1>case and the BCI agent on the case. The lead agent,

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<v Speaker 1>Ryan Scheiterer, 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 or firm testimony were about gears true

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<v Speaker 1>the whole I see that special Agent Ryan Scheiderer 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 of

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<v Speaker 1>you know, if it tied anybody to this, it was

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<v Speaker 1>Jake and Angela, not George. What text or digital communications

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<v Speaker 1>did you find too or from him? If you think

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<v Speaker 1>is relevant specifically about text messages with George, I don't

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<v Speaker 1>remember any. Did you collect a cell phone from George?

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<v Speaker 1>I don't believe we ever collected George celler What connection

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<v Speaker 1>does George had to do with that laptime? The device

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<v Speaker 1>was registered to Jake, specifically Angela, who seemed to be

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<v Speaker 1>the primary user of that laptop, but there was some

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<v Speaker 1>evidence that implicated George Wagner along with his brother Jake

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<v Speaker 1>and the crimes. One of the most striking parts of

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<v Speaker 1>Agent Scheider's testimony had to do with the type of

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<v Speaker 1>guns used in the homicides. We know the three calibers

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<v Speaker 1>of firearms that were used to convent these murders, and

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<v Speaker 1>they were a twenty two caliber long rifle, a forty

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<v Speaker 1>caliber and a thirty caliber. Scheiderer went on to make

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<v Speaker 1>a direct correlation between the twenty two caliber shell casings

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<v Speaker 1>found at victims Dana Rodin and Frankie Roden's homes and

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<v Speaker 1>the property owned by the Wagner family. Here's Agent Scheiterer

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<v Speaker 1>being questioned by Prosecutor Angie Kaneppa. We recovered twenty two

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<v Speaker 1>caliber shell casings and where we recovered those which at

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<v Speaker 1>two sixty Peterson Road, which was a property that was

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<v Speaker 1>owned by George Wager and his brother Jake. And were

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<v Speaker 1>those shell casings submitted to the lab or comparison to

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<v Speaker 1>the shell casings that had been recovered from both Frankie's

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<v Speaker 1>and Dana's residences. Yes, and what was the opinion of

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<v Speaker 1>the The weapon that fired the shell casings at two

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<v Speaker 1>sixty Pierson Road also fired the shell casings at Anna's

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<v Speaker 1>and Dana's residence as well as Frankie and Anna Gillis residence.

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<v Speaker 1>So the same firearm had been suspired on the same properties. Okay,

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<v Speaker 1>So he eat exact same gun, not just the same

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<v Speaker 1>type of gun, the same firearms, okay. Forensic expert Joseph

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<v Speaker 1>Morgan explained the intricate science involved in tying a shell

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<v Speaker 1>casing back to a specific gun. The inside of a

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<v Speaker 1>handgun like this has got rifling. That means it's got lands,

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<v Speaker 1>which are kind of flat plateau looking formations. And also

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<v Speaker 1>because these are soft metal brass casings that are being

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<v Speaker 1>ejected once the round is fired, you have what are

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<v Speaker 1>referred to as extraction marks. This spent case in it

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<v Speaker 1>leaves these little marks that are unique to the interior

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<v Speaker 1>housing of this particular weapon. And even you can have

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<v Speaker 1>a weapon that rolls off the line with fifty other

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<v Speaker 1>weapons that are the same same model, but they're all

0:13:20.920 --> 0:13:24.600
<v Speaker 1>going to be unique at a microscopic level, and that's

0:13:24.640 --> 0:13:28.600
<v Speaker 1>how they tied back the projectile to a specific weapon.

0:13:29.600 --> 0:13:32.640
<v Speaker 1>Another suspicious item was found during a different search of

0:13:32.679 --> 0:13:37.120
<v Speaker 1>the same Wagner property. The police went back and they

0:13:37.200 --> 0:13:41.240
<v Speaker 1>found what the ATF says was likely used as a

0:13:41.360 --> 0:13:47.960
<v Speaker 1>homemade silencer for a gun. Agent Scheiderer elaborated recovered a

0:13:48.000 --> 0:13:53.600
<v Speaker 1>maglite flashlight turned into the suppressor. Yeah adapter at one

0:13:53.720 --> 0:13:56.960
<v Speaker 1>end that as a solid adapter, they closed in and

0:13:57.000 --> 0:13:59.760
<v Speaker 1>they at the other end you add a thread adapter

0:14:00.400 --> 0:14:04.760
<v Speaker 1>and it's designed to catch cleaning solvent when you're cleaning

0:14:04.760 --> 0:14:08.120
<v Speaker 1>your firearm, but it can easily be converted into a suppressor.

0:14:09.120 --> 0:14:11.520
<v Speaker 1>They determined that it was a suppressor as defined by

0:14:11.520 --> 0:14:15.080
<v Speaker 1>federal statue, been fired at least one time because they

0:14:15.080 --> 0:14:17.880
<v Speaker 1>could see a bull of striking inside the suppressor. Thing.

0:14:19.440 --> 0:14:21.840
<v Speaker 1>That was pretty interesting because that wasn't found. That was

0:14:21.880 --> 0:14:25.160
<v Speaker 1>found in I think October of twenty eighteen, right before

0:14:25.160 --> 0:14:29.400
<v Speaker 1>the indictments came out, and that property, the Peterson Road home,

0:14:29.880 --> 0:14:32.960
<v Speaker 1>had been searched in May of twenty seventeen. I mean,

0:14:33.000 --> 0:14:35.840
<v Speaker 1>when I hear that, it sounds like someone told them

0:14:35.840 --> 0:14:39.080
<v Speaker 1>about it. We know, but Jake led them to the guns,

0:14:39.160 --> 0:14:43.200
<v Speaker 1>the murder weapons, the car used purchased and news and

0:14:43.280 --> 0:14:49.360
<v Speaker 1>so who knows. Maybe. During cross examination by George Wagner's attorney,

0:14:49.440 --> 0:14:52.280
<v Speaker 1>Agent Scheiderer highlighted some of the other evidence the state

0:14:52.320 --> 0:14:56.840
<v Speaker 1>has on George, including wire tap surveillance. Could you approximate

0:14:57.120 --> 0:15:03.080
<v Speaker 1>to the nearest hundred many hours you have regarding this

0:15:03.360 --> 0:15:10.920
<v Speaker 1>recording of George Wagner hours? Not really, but I would

0:15:10.960 --> 0:15:16.920
<v Speaker 1>say over one hundred days, over agred days, Okay, And

0:15:16.960 --> 0:15:19.360
<v Speaker 1>so I want you to focus on those hundred days,

0:15:20.200 --> 0:15:22.440
<v Speaker 1>and maybe your answer is the same, but I'm going

0:15:22.480 --> 0:15:24.400
<v Speaker 1>to ask it a different way. Could you tell us

0:15:24.400 --> 0:15:28.120
<v Speaker 1>over that one hundred days of recording George Wagner what

0:15:28.440 --> 0:15:32.560
<v Speaker 1>statement he made that you recorded that ties him into

0:15:32.640 --> 0:15:36.360
<v Speaker 1>this case. I mean, he never confessed, if that's what

0:15:36.440 --> 0:15:41.000
<v Speaker 1>you're getting at, but he made incriminating statements. At a

0:15:41.040 --> 0:15:44.080
<v Speaker 1>different hearing, George Wagner appeared in court for an unusual

0:15:44.120 --> 0:15:48.480
<v Speaker 1>request to be put in solitary confinement. Here's Jeff speaking

0:15:48.480 --> 0:15:51.960
<v Speaker 1>with Mike Allen. What about George Wagner asking for solitary confinement?

0:15:52.120 --> 0:15:54.640
<v Speaker 1>What do you make of that? His stated reason was

0:15:54.720 --> 0:15:57.360
<v Speaker 1>that he wanted to be able to study the Bible

0:15:57.440 --> 0:16:02.480
<v Speaker 1>in peace. That's a little unusual when inmates ask for

0:16:02.760 --> 0:16:06.080
<v Speaker 1>solitary A lot of times, although they may not say it,

0:16:06.480 --> 0:16:09.880
<v Speaker 1>they're asking for that because they've been threatened, and you know,

0:16:09.920 --> 0:16:12.720
<v Speaker 1>they want to make sure that they're as safe as

0:16:12.760 --> 0:16:16.040
<v Speaker 1>they can be in jail. Yeah, it's hard. It's hard

0:16:16.040 --> 0:16:18.440
<v Speaker 1>to know what's going through his head. But I mean,

0:16:18.520 --> 0:16:23.080
<v Speaker 1>either he's immersing himself in the Holy Bible or somebody

0:16:23.200 --> 0:16:26.320
<v Speaker 1>saying that they're going to do something to him. Either way,

0:16:26.640 --> 0:16:30.240
<v Speaker 1>his mental state is probably not good. But when I

0:16:30.280 --> 0:16:32.600
<v Speaker 1>read that, I kind of wondered, is that the real reason?

0:16:32.800 --> 0:16:34.720
<v Speaker 1>I mean, you know, you just have to wonder what

0:16:34.760 --> 0:16:39.680
<v Speaker 1>the motivation is. Since his arrest in twenty eighteen, accused

0:16:39.680 --> 0:16:43.520
<v Speaker 1>father Billy Wagner has also staunchly maintained his innocence. Billy

0:16:43.560 --> 0:16:47.720
<v Speaker 1>Wagner's attorney has been very adamant that there's no evidence.

0:16:47.720 --> 0:16:51.920
<v Speaker 1>There's no case against Billy Wagner, but there's nothing. They have,

0:16:51.960 --> 0:16:55.600
<v Speaker 1>nothing that ties him to this. Last year, Billy Wagner

0:16:55.640 --> 0:16:58.040
<v Speaker 1>made an audacious move to separate himself from the other

0:16:58.080 --> 0:17:01.040
<v Speaker 1>members of his family and move his trial word. He

0:17:01.120 --> 0:17:03.240
<v Speaker 1>took it upon himself to file a motion in court.

0:17:03.760 --> 0:17:05.680
<v Speaker 1>It had to do with his right to what's referred

0:17:05.720 --> 0:17:09.320
<v Speaker 1>to as a speedy trial, an Ohio procedural rule stipulating

0:17:09.359 --> 0:17:11.600
<v Speaker 1>that anyone charged with a felony must be brought to

0:17:11.680 --> 0:17:14.479
<v Speaker 1>trial within two hundred and seventy days of their arrest.

0:17:15.000 --> 0:17:18.000
<v Speaker 1>While accused father Billy Wagner, had initially waived his right

0:17:18.040 --> 0:17:20.680
<v Speaker 1>to a speedy trial, it seems he suddenly had a

0:17:20.760 --> 0:17:24.239
<v Speaker 1>change of heart. The court received a handwritten motion from

0:17:24.320 --> 0:17:27.720
<v Speaker 1>Billy Wagner asking that his right to a speedy trial

0:17:27.840 --> 0:17:31.080
<v Speaker 1>be invoked and that he withdraw his waiver of this

0:17:31.200 --> 0:17:34.800
<v Speaker 1>speedy trial right. He was pretty frustrated. I guess that

0:17:35.119 --> 0:17:39.280
<v Speaker 1>he's sitting in jail. He says he's innocent and was

0:17:39.320 --> 0:17:42.639
<v Speaker 1>frustrated and submitted this or to the court. But it

0:17:42.720 --> 0:17:46.159
<v Speaker 1>was actually some fairly good jailhouse lawyering. I'm assuming he

0:17:46.280 --> 0:17:48.800
<v Speaker 1>had somebody in the jail can write this for him

0:17:48.960 --> 0:17:52.960
<v Speaker 1>and his attorneys. They became aware of it and talked

0:17:53.000 --> 0:17:56.840
<v Speaker 1>with him and withdrew it immediately. Mike Allen gave us

0:17:56.880 --> 0:18:00.640
<v Speaker 1>his professional opinion on Billy's homespun legal strategy. I don't

0:18:00.640 --> 0:18:02.679
<v Speaker 1>care how small your jail is, you're going to have

0:18:02.800 --> 0:18:06.760
<v Speaker 1>jail house lawyers and criminal defense attorneys instruct their clients.

0:18:06.840 --> 0:18:10.480
<v Speaker 1>Do not listen to the jail house lawyers. They don't

0:18:10.520 --> 0:18:13.600
<v Speaker 1>know what they're talking about. If they did, they wouldn't

0:18:13.640 --> 0:18:17.800
<v Speaker 1>be where they are. So that's every criminal defense lawyer's

0:18:18.000 --> 0:18:24.040
<v Speaker 1>worst nightmare is when your client files a motion without

0:18:24.119 --> 0:18:28.840
<v Speaker 1>consulting the attorney. It's a very stupid thing to do.

0:18:29.240 --> 0:18:32.800
<v Speaker 1>So Billy Wagner's lawyer, I'm sure, probably had some strong

0:18:32.880 --> 0:18:36.920
<v Speaker 1>words for him for doing that. Well, Billy and George

0:18:36.920 --> 0:18:40.000
<v Speaker 1>Wagner have been busy filing legal motions to help their cases.

0:18:40.359 --> 0:18:43.600
<v Speaker 1>The same camp be said about accused mother Angela Wagner.

0:18:43.960 --> 0:18:46.919
<v Speaker 1>Bob Craypence is what you would call, you know, the

0:18:46.920 --> 0:18:50.040
<v Speaker 1>first chair on this case for her defense team, and

0:18:50.080 --> 0:18:56.040
<v Speaker 1>he's been very it's been very quiet on that front. However,

0:18:56.359 --> 0:18:59.680
<v Speaker 1>Angela Wagner has appeared in court for other reasons. At

0:18:59.680 --> 0:19:03.200
<v Speaker 1>a r in twenty nineteen, Judge Randy Deering revoked Angelo

0:19:03.240 --> 0:19:06.280
<v Speaker 1>Wagner's mail and phone privileges after she was caught trying

0:19:06.280 --> 0:19:09.720
<v Speaker 1>to discuss case strategy with her family. Here's her lawyer

0:19:09.760 --> 0:19:13.840
<v Speaker 1>speaking in court that day, which stipulated that Vita she

0:19:13.920 --> 0:19:17.440
<v Speaker 1>was in fact instructed she was having no contact with

0:19:17.480 --> 0:19:20.280
<v Speaker 1>the codefendants in this case. This team half presented as

0:19:20.359 --> 0:19:23.960
<v Speaker 1>was some information indicative of a violation of that stipulated

0:19:24.000 --> 0:19:28.600
<v Speaker 1>that she did in fact hilate that court or some

0:19:28.680 --> 0:19:32.600
<v Speaker 1>of Angelo Wagner's alleged orchestration was presented by Agent Scheiterer

0:19:32.640 --> 0:19:36.160
<v Speaker 1>at George's bail hearing last year. He testified about shoe

0:19:36.160 --> 0:19:38.399
<v Speaker 1>prints that were found at a few of the crime scenes.

0:19:39.080 --> 0:19:44.600
<v Speaker 1>This evidence points directly to Angelo Wagner's role in the conspiracy.

0:19:44.960 --> 0:19:52.639
<v Speaker 1>Exhibits eight and nine. These are the shoe impression prints

0:19:52.640 --> 0:19:56.680
<v Speaker 1>that were lifted from Chris Rogan Senior's residence, and those

0:19:56.800 --> 0:20:01.280
<v Speaker 1>are shoe impressons that are later determined to be from

0:20:01.359 --> 0:20:05.920
<v Speaker 1>a specific shoe that is determined to be sold by Walmart. Correct?

0:20:06.440 --> 0:20:10.760
<v Speaker 1>And then did you ultimately execute a search warrant up

0:20:10.800 --> 0:20:13.880
<v Speaker 1>on State out for you? One? Yes? And you described

0:20:13.880 --> 0:20:17.000
<v Speaker 1>to us what you were searching there there were two

0:20:17.080 --> 0:20:22.560
<v Speaker 1>pickup trucks and three trailers that were parked at that

0:20:22.640 --> 0:20:25.720
<v Speaker 1>location that belonged to the Wagoner family. Did you find

0:20:25.720 --> 0:20:29.600
<v Speaker 1>a receipt? Yes, we did. There was a Walmart receipt

0:20:29.560 --> 0:20:38.960
<v Speaker 1>resin Weird. The receipt was and Jake Wagner's okay, and

0:20:39.160 --> 0:20:43.639
<v Speaker 1>specifically in a tub marked important things or something correct, Okay,

0:20:43.800 --> 0:20:46.920
<v Speaker 1>what was the significance of that receipt? So this Walmart

0:20:46.920 --> 0:20:51.320
<v Speaker 1>receipt is for the Waverley Ohio walmart on Emma Avenue.

0:20:51.640 --> 0:20:55.840
<v Speaker 1>It is dated April seventh, twenty sixteen, time stamp at

0:20:55.880 --> 0:20:59.359
<v Speaker 1>sixteen fifty eight hours. On there there are the purchase

0:20:59.480 --> 0:21:03.119
<v Speaker 1>of two Athletic brand tennis shoes, which is consistent with

0:21:03.320 --> 0:21:07.080
<v Speaker 1>the shoes that we were looking for. And you indicated

0:21:07.119 --> 0:21:11.360
<v Speaker 1>that Angela told made a statement to your fellow agents

0:21:11.480 --> 0:21:16.480
<v Speaker 1>that she had purchased those shoes specifically for Jacob George. Correct.

0:21:17.000 --> 0:21:22.000
<v Speaker 1>And you were asked if you've recovered those shoes, if

0:21:22.040 --> 0:21:27.560
<v Speaker 1>you found those shoes, yes, and you did not correct. Correct,

0:21:28.200 --> 0:21:31.160
<v Speaker 1>And isn't it true that Angela said that she had

0:21:31.240 --> 0:21:33.480
<v Speaker 1>thrown those shoes away the very same day that she

0:21:33.560 --> 0:21:37.560
<v Speaker 1>bought them. Yes, because the boys didn't like the shoes. Correct,

0:21:38.400 --> 0:21:42.600
<v Speaker 1>But Jacob George told they denied knowledge of the shoes

0:21:43.040 --> 0:21:51.760
<v Speaker 1>ever seen. Correct. We're going to take a quick break here.

0:21:52.080 --> 0:22:05.399
<v Speaker 1>We'll be back in a moment. Altogether, it appears the

0:22:05.440 --> 0:22:08.840
<v Speaker 1>prosecution has amassed an overwhelming amount of evidence against the

0:22:08.840 --> 0:22:12.800
<v Speaker 1>Wagner family. Here is Agent Scheider telling George Wagner's attorney

0:22:12.880 --> 0:22:15.680
<v Speaker 1>just how much audio evidence the state has at their disposal.

0:22:16.040 --> 0:22:18.840
<v Speaker 1>What reportings do you have that you feel are relevant

0:22:19.040 --> 0:22:24.080
<v Speaker 1>for this or some evidence. Here. In these case, we

0:22:24.160 --> 0:22:29.760
<v Speaker 1>have you know, approximately eight thousand recordings primarily of the

0:22:29.760 --> 0:22:34.639
<v Speaker 1>Wagner individuals, the family. You know, we also have interviews where,

0:22:35.200 --> 0:22:38.879
<v Speaker 1>you know, I feel there was incriminating statements made within

0:22:38.920 --> 0:22:42.920
<v Speaker 1>the interviews. They've got wire taps in this case. They

0:22:42.960 --> 0:22:47.280
<v Speaker 1>have video surveillance evidence, they have, you know, countless interviews

0:22:47.320 --> 0:22:50.520
<v Speaker 1>with people. The prosecution has said, you know, this is

0:22:50.560 --> 0:22:55.439
<v Speaker 1>a voluminous file. They've said it takes up terabytes and terabytes.

0:22:55.720 --> 0:22:59.440
<v Speaker 1>A terabyte is a huge amount of space on a computer.

0:22:59.680 --> 0:23:02.399
<v Speaker 1>So like it kind of gives you an idea of

0:23:02.400 --> 0:23:06.760
<v Speaker 1>what they've gathered. The sheer volume of evidence shocked even

0:23:06.840 --> 0:23:10.520
<v Speaker 1>seasoned attorney Mike Allen. Here he is talking to Jeff

0:23:10.920 --> 0:23:12.920
<v Speaker 1>you as an expert. Is that a high amount? Is

0:23:12.960 --> 0:23:17.360
<v Speaker 1>that a normal amount of evidence? No, that's just astronomical.

0:23:17.560 --> 0:23:20.280
<v Speaker 1>I would not have expected it to be that high.

0:23:20.520 --> 0:23:25.160
<v Speaker 1>It's not normal at all. According to investigative reporter Jodi Barr,

0:23:25.320 --> 0:23:28.160
<v Speaker 1>George and the other accused Wagners could have implicated each

0:23:28.200 --> 0:23:31.480
<v Speaker 1>other without even knowing. What we don't know is whether

0:23:31.960 --> 0:23:36.880
<v Speaker 1>the Waggoners gave statements and what statements they made. Two

0:23:36.920 --> 0:23:40.720
<v Speaker 1>investigators before during or after the charge. We don't know

0:23:40.800 --> 0:23:44.520
<v Speaker 1>what the contents of any intercepted phone calls as they've

0:23:44.520 --> 0:23:47.640
<v Speaker 1>been in jail might be. Who knows what the state

0:23:47.680 --> 0:23:51.360
<v Speaker 1>of Ohio has as far as whether you know, statements

0:23:51.359 --> 0:23:55.000
<v Speaker 1>made by one Wagner could almost assure a conviction of another.

0:23:56.240 --> 0:23:58.280
<v Speaker 1>So how could we see the legal battles play out

0:23:58.320 --> 0:24:00.720
<v Speaker 1>in the courtroom if the Wagner's aside to go to trial.

0:24:01.240 --> 0:24:04.600
<v Speaker 1>As it stands, Billy Angela and George Wagner have all

0:24:04.600 --> 0:24:08.560
<v Speaker 1>been charged with eight counts of aggravated murder. If convicted, they,

0:24:08.840 --> 0:24:11.280
<v Speaker 1>like Jake, will spend the rest of their lives in prison.

0:24:12.000 --> 0:24:15.879
<v Speaker 1>Never have I seen anything even remotely close to this case.

0:24:16.320 --> 0:24:19.680
<v Speaker 1>I've been involved in some bad ones, but this one

0:24:20.000 --> 0:24:22.640
<v Speaker 1>is by far the worst. One of the many things

0:24:22.640 --> 0:24:25.879
<v Speaker 1>that's so unique about this offense is you do have

0:24:26.040 --> 0:24:31.760
<v Speaker 1>generations of family members just taken out completely excuse hard

0:24:31.840 --> 0:24:35.400
<v Speaker 1>to imagine a fact scenario, you know, more bizarre than

0:24:35.440 --> 0:24:40.040
<v Speaker 1>this one. It's so unique in so many ways. One

0:24:40.080 --> 0:24:42.359
<v Speaker 1>of them is the enormous burden the trials will place

0:24:42.440 --> 0:24:45.400
<v Speaker 1>on the legal teams and the Ohio criminal justice system.

0:24:45.840 --> 0:24:49.679
<v Speaker 1>You're trying the case in a small county with limited resources.

0:24:50.000 --> 0:24:52.440
<v Speaker 1>I don't know how they're going to do it. It's

0:24:52.440 --> 0:24:55.520
<v Speaker 1>just going to be a logistical nightmare. Can the Wagner

0:24:55.600 --> 0:24:58.560
<v Speaker 1>lawyers work together on the defense or does it all

0:24:58.600 --> 0:25:01.240
<v Speaker 1>have to be separate. They can work together, and that

0:25:01.359 --> 0:25:04.400
<v Speaker 1>happens sometimes when you have code defendants. I think at

0:25:04.440 --> 0:25:07.879
<v Speaker 1>some point you run into some strategy problems. But to

0:25:07.920 --> 0:25:11.439
<v Speaker 1>a certain extent they can. But the lawyer obviously has

0:25:11.520 --> 0:25:14.439
<v Speaker 1>to zealously represent his client. But if it's in this

0:25:14.560 --> 0:25:17.600
<v Speaker 1>client's best interest to work with the other lawyers, yeah,

0:25:17.600 --> 0:25:22.720
<v Speaker 1>they definitely would. Witness testimony could also prove to be

0:25:22.760 --> 0:25:26.560
<v Speaker 1>a challenge. You're going to have witness burnout because many

0:25:27.160 --> 0:25:30.719
<v Speaker 1>most probably of the witnesses in one trial will be

0:25:30.760 --> 0:25:34.600
<v Speaker 1>witnesses in the other. And you know that's a burden

0:25:34.680 --> 0:25:37.919
<v Speaker 1>upon the witnesses, but the prosecution has no choice that

0:25:38.040 --> 0:25:42.359
<v Speaker 1>they have to go forward in that nature. Another obstacle

0:25:42.600 --> 0:25:46.280
<v Speaker 1>seating a jury of twelve impartial Pike County residence. Here's

0:25:46.359 --> 0:25:50.960
<v Speaker 1>Chris speaking to reporter James Pilcher. It's Ohio state law

0:25:51.000 --> 0:25:53.520
<v Speaker 1>that you initially have to try and seed a jury

0:25:53.560 --> 0:25:56.600
<v Speaker 1>in the county the crime was committed, correct, So Angela

0:25:56.640 --> 0:25:59.200
<v Speaker 1>Wagner has already requested that her trial be moved out

0:25:59.200 --> 0:26:02.000
<v Speaker 1>of Pike County, but under High I legal procedures, you

0:26:02.080 --> 0:26:03.919
<v Speaker 1>have to try to see the jury in the county

0:26:03.960 --> 0:26:06.719
<v Speaker 1>where the crime was committed before you're allowed to move it.

0:26:06.760 --> 0:26:09.080
<v Speaker 1>So they've got a pull from a jury pool of

0:26:09.160 --> 0:26:12.159
<v Speaker 1>registered voters, will narrow it down to twelve plus a

0:26:12.200 --> 0:26:14.880
<v Speaker 1>couple of alternates, and that process can take anywhere from

0:26:14.920 --> 0:26:18.080
<v Speaker 1>three days to a week, depending on the complexity of

0:26:18.080 --> 0:26:20.280
<v Speaker 1>the case. I mean, that's going to be really difficult,

0:26:20.359 --> 0:26:22.320
<v Speaker 1>isn't it. I Mean there's only I think what twenty

0:26:22.359 --> 0:26:26.000
<v Speaker 1>seven twenty eight thousand residents in all of Pike County.

0:26:26.240 --> 0:26:29.600
<v Speaker 1>You have to pick jurors for cases out of a

0:26:29.680 --> 0:26:32.240
<v Speaker 1>jury pool that small. I would not be surprised to

0:26:32.280 --> 0:26:35.639
<v Speaker 1>see them have to move some of these trials to

0:26:35.720 --> 0:26:40.600
<v Speaker 1>another county. Again, here's Mike Allen. That's probably the judge's

0:26:41.000 --> 0:26:44.639
<v Speaker 1>the biggest headache in this case is to ultimately be

0:26:44.760 --> 0:26:48.440
<v Speaker 1>able to see separate juries that can be fair both

0:26:48.480 --> 0:26:51.320
<v Speaker 1>to the state and to the defense, because I think

0:26:51.320 --> 0:26:54.879
<v Speaker 1>you'd be hard pressed to find any county in the

0:26:54.960 --> 0:26:59.600
<v Speaker 1>stateable Ohio that just was not innundated with media coverage

0:26:59.640 --> 0:27:02.520
<v Speaker 1>about this. But it's important to keep this in mind.

0:27:03.080 --> 0:27:07.320
<v Speaker 1>If a potential juror says under own that, yes, I

0:27:07.400 --> 0:27:10.760
<v Speaker 1>have seen things in the media about this, but I

0:27:10.840 --> 0:27:15.440
<v Speaker 1>can divorce myself from those things and render a fair

0:27:15.440 --> 0:27:20.040
<v Speaker 1>and impartial verdict based upon the evidence that we see

0:27:20.080 --> 0:27:24.400
<v Speaker 1>from the witness stand, the testimony, and the instructions given

0:27:24.440 --> 0:27:28.040
<v Speaker 1>by the judge. That's then a good and acceptable juror.

0:27:28.040 --> 0:27:30.600
<v Speaker 1>And that's the only way that this case is going

0:27:30.680 --> 0:27:34.199
<v Speaker 1>to work. Because unless you're living in some kind of

0:27:34.200 --> 0:27:37.120
<v Speaker 1>a cave, I don't care who you are, you've heard

0:27:37.119 --> 0:27:39.679
<v Speaker 1>about it, and you know you're just not going to

0:27:39.720 --> 0:27:42.680
<v Speaker 1>be able to see a jury of twelve in any

0:27:42.680 --> 0:27:45.680
<v Speaker 1>of these cases where they've not heard anything about it.

0:27:46.359 --> 0:27:49.320
<v Speaker 1>How are each of the cases likely to affect the other?

0:27:49.640 --> 0:27:51.480
<v Speaker 1>Are there things that we should be keeping an eye

0:27:51.520 --> 0:27:54.240
<v Speaker 1>on The first one that goes I think as the

0:27:54.280 --> 0:27:58.159
<v Speaker 1>tougher road, and the guy going last or next to last,

0:27:59.200 --> 0:28:02.159
<v Speaker 1>they're going to have advantage by knowing which way the

0:28:02.280 --> 0:28:07.119
<v Speaker 1>judge will rule on evidentiary motions and things of that nature.

0:28:07.400 --> 0:28:10.320
<v Speaker 1>They'll have the benefit of watching the tape, so to speak,

0:28:10.400 --> 0:28:14.960
<v Speaker 1>like a like a football coach would. But there could

0:28:15.000 --> 0:28:18.440
<v Speaker 1>be one overlooked factor that determines the outcome of the cases,

0:28:18.960 --> 0:28:22.639
<v Speaker 1>the drive of the prosecuting attorneys. When you see a

0:28:22.640 --> 0:28:26.439
<v Speaker 1>case like this and see the position these young kids

0:28:26.480 --> 0:28:28.359
<v Speaker 1>have been put in, what does that make you feel?

0:28:28.400 --> 0:28:32.240
<v Speaker 1>When you see a case like this, it's just absolutely heartbreaking.

0:28:32.920 --> 0:28:36.720
<v Speaker 1>It just is because you just know that that is

0:28:36.760 --> 0:28:40.440
<v Speaker 1>going to permanently affect that child. There's no way that

0:28:40.600 --> 0:28:45.760
<v Speaker 1>it couldn't, but a prosecutors driven by justice for the

0:28:45.880 --> 0:28:49.000
<v Speaker 1>victim and the victim's family. But if you have a

0:28:49.120 --> 0:28:54.360
<v Speaker 1>particularly violent and hand this crime like you have here,

0:28:54.680 --> 0:28:59.000
<v Speaker 1>it's tough. But as a prosecutor, honestly, it makes you

0:28:59.040 --> 0:29:01.960
<v Speaker 1>want to work all the harder to get a conviction.

0:29:02.440 --> 0:29:06.160
<v Speaker 1>And yeah, it's just the way it is. We've heard

0:29:06.200 --> 0:29:09.280
<v Speaker 1>Special Agent Ryan Scheiderer mentioned witnesses who were close to

0:29:09.360 --> 0:29:13.480
<v Speaker 1>the Wagner's and excerpts of his testimony. Since Jake Wagner's confession,

0:29:13.600 --> 0:29:17.480
<v Speaker 1>we haven't heard anything from grandmother of the accused, Frederica Wagner.

0:29:18.360 --> 0:29:20.640
<v Speaker 1>Last season, we talked about how she was arrested on

0:29:20.760 --> 0:29:24.560
<v Speaker 1>obstruction of justice and perjury charges pertaining to bulletproof ESTs

0:29:24.560 --> 0:29:27.720
<v Speaker 1>she purchased for her son, Billy Wagner. Prosecutors believe she

0:29:27.880 --> 0:29:30.640
<v Speaker 1>purchased the best for him to use in the killings.

0:29:30.640 --> 0:29:33.360
<v Speaker 1>Her charges were dropped after a hearing in twenty nineteen,

0:29:33.520 --> 0:29:35.880
<v Speaker 1>as the prosecution feared not being able to try the

0:29:35.920 --> 0:29:39.280
<v Speaker 1>case before the two hundred and seventy days Speedy Trial statute.

0:29:39.640 --> 0:29:43.960
<v Speaker 1>But her case isn't closed yet, Frederica. They've indicated in

0:29:44.040 --> 0:29:47.200
<v Speaker 1>court documents that they may charge her again with obstruction.

0:29:47.880 --> 0:29:52.200
<v Speaker 1>Frederica Wagner has vehemently defended her family's innocence, but is

0:29:52.240 --> 0:29:54.520
<v Speaker 1>it possible that she knows more about what happened the

0:29:54.680 --> 0:29:57.520
<v Speaker 1>night of April twenty first, twenty sixteen than she's let on.

0:29:58.760 --> 0:30:01.920
<v Speaker 1>Depending on what Jake wagen her nose and reveals, it's

0:30:01.960 --> 0:30:05.560
<v Speaker 1>possible that grandmother Frederica Wagner could be looking at new charges.

0:30:06.120 --> 0:30:09.600
<v Speaker 1>Do you know what Jake pleading guilty, how that will

0:30:09.720 --> 0:30:14.480
<v Speaker 1>impact his grandmother? Well, they can always be reindicted if

0:30:14.480 --> 0:30:18.480
<v Speaker 1>there's additional new evidence. He kind of seems to be

0:30:18.560 --> 0:30:22.040
<v Speaker 1>like he's the key to this entire case. So yeah,

0:30:22.160 --> 0:30:26.640
<v Speaker 1>I suppose it's possible. To our knowledge, Frederica Wagner has

0:30:26.640 --> 0:30:29.320
<v Speaker 1>not been implicated in any other crimes, nor has she

0:30:29.360 --> 0:30:32.280
<v Speaker 1>made any plea deals with the prosecution, but the same

0:30:32.360 --> 0:30:34.600
<v Speaker 1>camp he said for the other grandmother who was charged

0:30:34.640 --> 0:30:38.240
<v Speaker 1>in the case, Rita Newcome, Angela Wagner's mother, had initially

0:30:38.320 --> 0:30:42.440
<v Speaker 1>told investigators that she had notarized and signed some custody

0:30:42.520 --> 0:30:45.719
<v Speaker 1>documents for the child that Jake and Hannah shared in

0:30:45.760 --> 0:30:48.760
<v Speaker 1>the event that they died. But then later as her

0:30:48.800 --> 0:30:51.760
<v Speaker 1>trial approached, on the day of trial, all of the sudden,

0:30:51.800 --> 0:30:53.880
<v Speaker 1>we were all out there ready to go, and the

0:30:53.960 --> 0:30:57.320
<v Speaker 1>trial was canceled. And then a short time later she

0:30:57.400 --> 0:31:00.920
<v Speaker 1>pleaded guilty, and in court the prosecution and outlined how

0:31:01.000 --> 0:31:03.920
<v Speaker 1>they said that Rita admitted that she had lied and

0:31:03.960 --> 0:31:06.920
<v Speaker 1>that her daughter Angela, had asked her to lie about

0:31:06.960 --> 0:31:11.560
<v Speaker 1>signing and notarizing those custody documents. Here's a statement read

0:31:11.600 --> 0:31:15.000
<v Speaker 1>a newcommade during her plea deal, as anyone promised you

0:31:15.040 --> 0:31:18.320
<v Speaker 1>anything at all, or threatened you in any way at all,

0:31:18.600 --> 0:31:22.120
<v Speaker 1>in order to induce you to withdraw your former plea

0:31:22.160 --> 0:31:27.480
<v Speaker 1>of not guilty entered to the original charge of obstructing justice,

0:31:27.520 --> 0:31:30.880
<v Speaker 1>a fifth degree felony in count four, and to enter

0:31:30.920 --> 0:31:34.760
<v Speaker 1>a plea of guilty to the amended charge of obstructing

0:31:34.800 --> 0:31:40.040
<v Speaker 1>official business a misdemeanor of the second degree. No, I

0:31:40.160 --> 0:31:42.880
<v Speaker 1>just feel that it's not a good Christian thing to

0:31:42.960 --> 0:31:48.400
<v Speaker 1>line and I couldn't input it in the more. This

0:31:48.480 --> 0:31:52.240
<v Speaker 1>is all despite Angela Wagner's repeated attempts to further manipulate

0:31:52.320 --> 0:31:56.920
<v Speaker 1>her mother. During court hearings for Angela's mother, Rita Newcome,

0:31:57.120 --> 0:31:59.880
<v Speaker 1>it was stated that Angela Wagner was on jail calls

0:32:00.160 --> 0:32:03.280
<v Speaker 1>telling her mother, you don't have to testify against us.

0:32:05.120 --> 0:32:08.440
<v Speaker 1>Mike Allen told Stephanie about the challenges Rita Newcomb's testimony

0:32:08.520 --> 0:32:11.760
<v Speaker 1>could present if the trials move forward. If it's obvious

0:32:11.800 --> 0:32:14.080
<v Speaker 1>to the trial judge that she doesn't want to be

0:32:14.120 --> 0:32:18.000
<v Speaker 1>testifying to the state, the judge can and probably would,

0:32:18.080 --> 0:32:21.160
<v Speaker 1>designate her as a hostile witness. What is a hostile

0:32:21.200 --> 0:32:25.640
<v Speaker 1>witness If the prosecution has to call a witness to

0:32:25.800 --> 0:32:28.960
<v Speaker 1>establish or help establish one of the elements of the offense,

0:32:29.160 --> 0:32:33.240
<v Speaker 1>and that witnesses someone who's more sympathetic with the defense

0:32:33.640 --> 0:32:36.520
<v Speaker 1>in all likelihood than the judge would designate that person

0:32:36.560 --> 0:32:40.120
<v Speaker 1>a hostile witness, giving the prosecutor the opportunity to ask

0:32:40.240 --> 0:32:42.959
<v Speaker 1>leading questions. So it's not a matter whether they get

0:32:43.040 --> 0:32:45.200
<v Speaker 1>up on the stand and act at crazy or act

0:32:45.240 --> 0:32:48.600
<v Speaker 1>like an idiot. It's a matter of is this person

0:32:49.160 --> 0:32:54.600
<v Speaker 1>going to cooperate with whoever is calling them. Another possibility

0:32:54.720 --> 0:32:57.160
<v Speaker 1>is hearing from one of the long rumored informants we

0:32:57.240 --> 0:33:00.360
<v Speaker 1>discussed last season. Mike Allen discussed the role in formants

0:33:00.440 --> 0:33:03.680
<v Speaker 1>usually play in cases like the Wagner's. Are you able to, Mike,

0:33:03.800 --> 0:33:06.800
<v Speaker 1>just tell us what an informant is. It usually is

0:33:06.800 --> 0:33:10.080
<v Speaker 1>a situation where they go to the police with some information.

0:33:10.360 --> 0:33:13.800
<v Speaker 1>I mean, police can seek out people too, and you know,

0:33:13.880 --> 0:33:15.920
<v Speaker 1>just say hey, you know, you tell us what you

0:33:15.960 --> 0:33:18.520
<v Speaker 1>know about this, And I mean it happens both ways,

0:33:18.560 --> 0:33:21.160
<v Speaker 1>but more often than not, it's it's the police know

0:33:21.280 --> 0:33:24.440
<v Speaker 1>that somebody there's a good chance somebody would know something,

0:33:25.000 --> 0:33:27.480
<v Speaker 1>and they seek that person out. But the thing of

0:33:27.560 --> 0:33:32.400
<v Speaker 1>it is, it's a confidential and reliable informant. So it

0:33:32.440 --> 0:33:36.040
<v Speaker 1>has to be someone that you can build a case

0:33:36.120 --> 0:33:40.280
<v Speaker 1>that they are reliable. At George Wagner's bond hearing last year,

0:33:40.360 --> 0:33:43.360
<v Speaker 1>agent Ryan Scheidier told the court that one informant had

0:33:43.360 --> 0:33:46.120
<v Speaker 1>disclosed a deadly plot that the Wagner family was planning

0:33:46.120 --> 0:33:50.000
<v Speaker 1>on carrying out. It included then Attorney General Mike Dwine,

0:33:50.200 --> 0:33:54.040
<v Speaker 1>Pike County Sheriff Charles Reader, and Scheiderer himself. There is

0:33:54.080 --> 0:33:59.800
<v Speaker 1>a witness that testified that she was present when Sure,

0:34:00.280 --> 0:34:05.000
<v Speaker 1>his brother, Jake, his mom, and his dad were basically

0:34:05.200 --> 0:34:10.080
<v Speaker 1>organizing a retaliation plan should they get arrested and charged,

0:34:10.920 --> 0:34:15.840
<v Speaker 1>specifically targeting myself and the wine and Share for a year. Okay,

0:34:16.560 --> 0:34:20.759
<v Speaker 1>And according to the person who gave you this information,

0:34:20.800 --> 0:34:27.320
<v Speaker 1>when was that stage summer of twenty eighteen. Anjanette Levy

0:34:27.400 --> 0:34:31.160
<v Speaker 1>heard Agent Scheiderer's testimony that day. I think there's supposed

0:34:31.160 --> 0:34:33.840
<v Speaker 1>to be a couple of informants in this case, and

0:34:34.040 --> 0:34:37.000
<v Speaker 1>one of them, which is very interesting, happens to be

0:34:37.080 --> 0:34:40.759
<v Speaker 1>a woman who married Jake Wagner when the family went

0:34:40.800 --> 0:34:49.799
<v Speaker 1>to Alaska. Let's stop here for another quick break. We'll

0:34:49.840 --> 0:35:02.680
<v Speaker 1>be back in a moment. Last season, we talked about

0:35:02.680 --> 0:35:06.600
<v Speaker 1>the Wagner suspicious move to Alaska in June of twenty seventeen,

0:35:06.800 --> 0:35:09.279
<v Speaker 1>at the height of the rod and murder investigation. They

0:35:09.320 --> 0:35:11.680
<v Speaker 1>said this had been planned for some time. The boys

0:35:11.880 --> 0:35:15.120
<v Speaker 1>were looking for good jobs up there, and then Jake

0:35:15.200 --> 0:35:19.759
<v Speaker 1>met a woman at church. They became married, and in

0:35:19.760 --> 0:35:24.160
<v Speaker 1>the discovery documents that detail what was handed over by

0:35:24.160 --> 0:35:27.279
<v Speaker 1>the state to the Wagner attorneys. It states that there

0:35:27.320 --> 0:35:31.640
<v Speaker 1>are several interviews between a Bureau of Criminal Investigations agent

0:35:31.880 --> 0:35:35.279
<v Speaker 1>and the woman that Jake Wagner married while he was

0:35:35.320 --> 0:35:37.800
<v Speaker 1>living in Alaska. So there are a number of interviews

0:35:37.800 --> 0:35:42.160
<v Speaker 1>with her and recorded phone calls between this woman and

0:35:42.520 --> 0:35:48.440
<v Speaker 1>Jake Wagner. What about the witnesses who were left alive

0:35:48.480 --> 0:35:51.040
<v Speaker 1>at the scene the rod and children who were spared

0:35:51.120 --> 0:35:54.200
<v Speaker 1>that fateful night in twenty sixteen. One of the kids

0:35:54.800 --> 0:35:58.320
<v Speaker 1>was a three year old toddler. If that child witnessed

0:35:58.320 --> 0:36:01.000
<v Speaker 1>the murder, I don't know if he's said something when

0:36:01.000 --> 0:36:04.960
<v Speaker 1>the investors came in that pointed to possibly someone in

0:36:04.960 --> 0:36:07.759
<v Speaker 1>the Wagner family, because they would have all known each other.

0:36:08.040 --> 0:36:12.320
<v Speaker 1>You know, he's eight now, if he had any memory

0:36:12.560 --> 0:36:15.200
<v Speaker 1>or had said something at the time when they found him,

0:36:15.600 --> 0:36:17.680
<v Speaker 1>is there any potential that he might be called as

0:36:17.719 --> 0:36:21.799
<v Speaker 1>a witness? Although eight now, in Ohio the rule is

0:36:22.280 --> 0:36:26.839
<v Speaker 1>a child under the age of ten is presumed incompetent

0:36:26.880 --> 0:36:30.239
<v Speaker 1>to testify. Now, if a judge does what they call

0:36:30.280 --> 0:36:33.680
<v Speaker 1>a border of that potential witness and determines that the

0:36:33.760 --> 0:36:36.760
<v Speaker 1>young person does know the difference between telling the truth

0:36:36.760 --> 0:36:39.520
<v Speaker 1>and telling a lie. It's possible that the judge could

0:36:39.560 --> 0:36:43.759
<v Speaker 1>permit the testimony, but boy, any defense attorney are going

0:36:43.840 --> 0:36:46.640
<v Speaker 1>to fight like crazy to keep something like that out.

0:36:47.080 --> 0:36:50.920
<v Speaker 1>It comes down to the reliability. Is it a reliable statement?

0:36:51.200 --> 0:36:54.560
<v Speaker 1>Can you rely on something that a three year old

0:36:54.600 --> 0:36:58.359
<v Speaker 1>saw and something that an eight year old years after

0:36:58.400 --> 0:37:03.239
<v Speaker 1>the fact is trying to explain. It's tough, not impossible

0:37:03.320 --> 0:37:05.160
<v Speaker 1>to get a statement like that in, but I think

0:37:05.239 --> 0:37:09.680
<v Speaker 1>highly unlikely. Mike Allen points it out a compelling entry

0:37:09.719 --> 0:37:12.360
<v Speaker 1>in one of the discovery documents that implies another piece

0:37:12.440 --> 0:37:16.000
<v Speaker 1>of the evidentiary puzzle. Is there one piece of evidence

0:37:16.040 --> 0:37:18.120
<v Speaker 1>just based on what you've seen in terms of the

0:37:18.160 --> 0:37:22.280
<v Speaker 1>discovery list, that is the AHA or something that really

0:37:22.320 --> 0:37:26.280
<v Speaker 1>surprised you. Yeah, there's definitely one thing, says trash poll

0:37:26.440 --> 0:37:30.160
<v Speaker 1>from June eighth, twenty and seventeen, and that can only

0:37:30.200 --> 0:37:34.680
<v Speaker 1>mean one thing that DNA is involved in this case.

0:37:36.080 --> 0:37:39.439
<v Speaker 1>What a trash poll is is when somebody sets their

0:37:39.480 --> 0:37:42.399
<v Speaker 1>trash out at the curb, they do not have a

0:37:42.400 --> 0:37:47.760
<v Speaker 1>privacy interest anymore in that trash. So it's open season

0:37:48.040 --> 0:37:50.759
<v Speaker 1>for the police if they want to go rooting through

0:37:51.080 --> 0:37:55.680
<v Speaker 1>somebody's trash and that's how in many instances, that's how

0:37:55.760 --> 0:38:00.439
<v Speaker 1>law enforcement gets DNA evidence is from trash polls. That's

0:38:00.480 --> 0:38:02.880
<v Speaker 1>the thing that closes the deal, right, that that like

0:38:03.040 --> 0:38:07.000
<v Speaker 1>closes the case essentially, that's the part of the CSI

0:38:07.520 --> 0:38:10.160
<v Speaker 1>thing that you know, jurors watch and that's one thing

0:38:10.200 --> 0:38:13.399
<v Speaker 1>that's accurate. I mean, if it gets into evidence, it's

0:38:13.600 --> 0:38:19.839
<v Speaker 1>it's just devastating. Another revelation we're likely to witness at

0:38:19.840 --> 0:38:23.360
<v Speaker 1>the trial is more information about the rodents autopsy reports.

0:38:23.760 --> 0:38:26.120
<v Speaker 1>Though the documents were released months after the murders in

0:38:26.120 --> 0:38:29.080
<v Speaker 1>twenty sixteen, they were heavily redacted due to a gag

0:38:29.200 --> 0:38:31.560
<v Speaker 1>order imposed by the judge on the case. This is

0:38:31.600 --> 0:38:35.280
<v Speaker 1>just a situation where, you know, the trial judge, who

0:38:35.400 --> 0:38:40.040
<v Speaker 1>has to shepherd these trials through fairly doesn't want the

0:38:40.080 --> 0:38:43.840
<v Speaker 1>public getting this information before trial. One of the reasons

0:38:43.880 --> 0:38:47.040
<v Speaker 1>being you don't want a tainted jury pool, and of

0:38:47.040 --> 0:38:51.399
<v Speaker 1>course the prosecution they don't want to telegraph anything from

0:38:51.440 --> 0:38:57.200
<v Speaker 1>that autopsy with respect of their strategy. Reporter James Pilcher

0:38:57.320 --> 0:38:59.319
<v Speaker 1>told us what journalists were able to glean from the

0:38:59.320 --> 0:39:03.240
<v Speaker 1>initial really he basically laid out where they were found,

0:39:03.239 --> 0:39:05.239
<v Speaker 1>how many times they were shot. You know, where they

0:39:05.239 --> 0:39:09.399
<v Speaker 1>were shot, and you know they did list specifically where

0:39:09.400 --> 0:39:14.040
<v Speaker 1>the kids, the young kids were found. So what can

0:39:14.040 --> 0:39:17.399
<v Speaker 1>we expect from the full reports. A good autopsy, I'll

0:39:17.440 --> 0:39:19.960
<v Speaker 1>tell you a lot about how the victim lived and

0:39:20.000 --> 0:39:23.719
<v Speaker 1>how they died and gets a pivotal critical piece of

0:39:23.719 --> 0:39:28.880
<v Speaker 1>the investigation and possibly reveal information that maybe only the

0:39:28.960 --> 0:39:34.120
<v Speaker 1>killer would know. But the most powerful part of the

0:39:34.160 --> 0:39:37.160
<v Speaker 1>state's case could come from the prosecutor's recreation of the

0:39:37.200 --> 0:39:41.080
<v Speaker 1>events of April twenty first, twenty sixteen. According to forensics

0:39:41.080 --> 0:39:44.239
<v Speaker 1>expert Joseph Morgan, this narrative helps give a voice to

0:39:44.280 --> 0:39:48.000
<v Speaker 1>each member of the slain family. It's something that we'll

0:39:48.040 --> 0:39:50.840
<v Speaker 1>be revealing in real time as the trials for Billy

0:39:51.040 --> 0:39:56.960
<v Speaker 1>Angela and George Wagner proceed. In the case of the

0:39:57.040 --> 0:40:03.880
<v Speaker 1>Masker in Piked and every single human remain every body

0:40:04.400 --> 0:40:09.280
<v Speaker 1>that was there has an individual tale to be told.

0:40:09.719 --> 0:40:12.279
<v Speaker 1>The prosecution is trying to paint a picture here, and

0:40:12.360 --> 0:40:14.960
<v Speaker 1>they're going to do that through these bodies there. That's

0:40:15.080 --> 0:40:17.160
<v Speaker 1>going to be the vessel they're going to travel through here.

0:40:17.520 --> 0:40:21.440
<v Speaker 1>And the more vibrant that the prosecution can make that picture,

0:40:21.960 --> 0:40:26.760
<v Speaker 1>the more effective it shocks the conscience of just people

0:40:26.800 --> 0:40:28.920
<v Speaker 1>that go about their normal day life. They don't expect

0:40:28.920 --> 0:40:31.560
<v Speaker 1>this type of thing to happen and it is pure.

0:40:38.560 --> 0:40:43.319
<v Speaker 1>More on that next time. For more information on the

0:40:43.320 --> 0:40:46.840
<v Speaker 1>case and relevant photos, follow us on Instagram at Katie

0:40:47.080 --> 0:40:51.080
<v Speaker 1>Underscore Studios. The Pikedon Massacre Returned to Pike County is

0:40:51.120 --> 0:40:55.240
<v Speaker 1>executive produced by Stephanie Lydecker and me Courtney Armstrong. Editing

0:40:55.239 --> 0:40:59.320
<v Speaker 1>and sound designed by executive producer Jared Aston. Additional producing

0:40:59.360 --> 0:41:03.000
<v Speaker 1>by Jeff Andrew Becker and Chris Graves. The piked In

0:41:03.080 --> 0:41:06.120
<v Speaker 1>Massacre Returned to Pike County is a production of iHeartRadio

0:41:06.160 --> 0:41:09.920
<v Speaker 1>and Katie Studios. For more podcasts from iHeartRadio, visit the

0:41:09.920 --> 0:41:13.560
<v Speaker 1>iHeartRadio app, Apple Podcasts, or wherever you listen to your

0:41:13.600 --> 0:41:14.240
<v Speaker 1>favorite shows.