Often for journalists, when a major trial —or any major event — concludes our work continues and sometimes even intensifies.
Coming up in this case
Sentencing: The sentencing hearing, set for Dec. 19 at 10 a.m. will be heavily covered by local outlets. This is the last hearing in the case where the judge will mete out a prison sentence on all 22 counts. Pike County Common Pleas Judge Randy Deering is likely to follow Ohio's sentencing guidelines, which are set by the state's Supreme Court. It is likely, given the nature of the crimes, that Deering will sentence George Washington Wagner IV, 31, to consecutive sentences — meaning he will have to serve each sentence back to back in prison.
Victim impact statements: The other important phase of the sentencing hearing is that the victims' families will be able to deliver a victim impact statement to the court. This is often emotional, compelling and newsworthy as it is the moment that many in the family will have an opportunity to address the court and explain the impact the murders have had on them and their families. The statements will be part of the criminal case file and are a matter of public record.
An appeal: In this case, it is likely Wagner IV will appeal his conviction. It is unlikely his criminal lawyers will represent him in an appeal. Journalists will continue to check the criminal docket to determine if and when an appeal may be filed in the case. Lawyers will first file a notice to appeal, which under Ohio law must be filed within 30 days of the final judgment in the case. Appealing a case is a very lengthy process, often taking years to resolve matters of court procedure and law. The appeal will be filed with the Ohio Court of Appeals and will be assigned a new case number and journalists will need to check that case and NOT the criminal file, which will be archived in Pike County.
Documents, testimony, evidence
At the conclusion of a trial, all the testimony, evidence and procedures become a part of the public record meaning journalists —and any member of the public —can review all the records and ask for copies of anything in the court file. Each court set its own cost to copy, but states say copy fees must be reasonable.
Pro-tips:
Send an email or letter to the clerk of courts, or public information officer, and outline exactly what documents you believe you may need with an offer to do the work for the clerk. You can see the email I sent to Pike County authorities the day after the trial to begin this process below.
In many cases, you can ask to make copies using your phone or ask to take a portable copier to reduce your costs.
Ask for copies in electronic form if at all possible, so you can scan documents quickly when you are looking for key information.
Possible next stories
Different news outlets will make various ongoing coverage decisions depending on the news outlet, staffing and other news of the day. There is also another pending case against Wagner IV's father, George "Billy" Wagner, that complicates this a bit. It is unknown if there will remain a gag order in that case, as has been the case to date.
Here's a few possible stories that are still worth telling in this case, I think:
Interviews with the jurors in the case. In this case, jurors were identified by number. However, when jurors reach a verdict they have to sign a verdict form, which become a part of the public record and thus so do their names (presuming you can read their handwriting). Journalists can use this document to reach out to jurors to see if they would agree to an interview, which they are free to do.
The final bill to Ohio taxpayers for this case. I requested the costs to the state during the course of the trial in anticipation I would need this information for the verdict story I wrote. I received a spreadsheet with costs through September. This information will need to be updated and finalized. The spreadsheet provided line items for each expense, but many were impossible to decipher, so.a reporter would need both a vendor list, code sheet and/or an interview with the person who is in charge of that record to determine what each bill was for and to fact check.
Profiles: There were many interesting people introduced at trial. I would seek to write profiles of Judge Deering, who retires in January and the three prosecutors in the case as well as both defense lawyers. This could be one story or several. I would also seek interviews with the lead detective and the key forensic analysts in the case, whose work helped agents ultimately make the arrests and gain conviction.
Jailhouse interviews: Jake, Angela and George Wagner. Jake and Angela Wagner's testimony was key to Wagner IV's conviction, but there remain unanswered questions.
The next trial: Journalists will be paying close attention to the timeline or any movement in the pending criminal case of Billy Wagner, who is likely to go to trial in the summer or fall of 2023. Much of the same evidence will be used. However, there will be a new judge, different lawyers and a different county prosecutor in that case. Much could happen, including. resolution that would avert a criminal trial.
The civil case: The Rhoden family has filed an intent to sue the Wagner family. There has not been much movement in the case, but a guilty verdict may change that. Much like the criminal case, reporters would continue to check the civil court docket and/or the family's civil lawyer.
My email requesting court documents and transcripts
Dear Jason [this was the media liason for the trial]
I am writing this as a formal records request under the Ohio Open Records Act (ORC 149) for the documents listed below in the George Washington Wagner IV murder trial. I realize that the sentencing hearing is set for Dec. 19, 2022, and as such, some of these records may not be available until after that time.
I also may make additional records requests in the future, so this is not an exhaustive list. I am willing to pay reasonable copy fees and am also willing to come to the courthouse and make my own copies or look through the files myself — as I recognize the courthouse staff is small. I further request, that before you fill this request, that you alert me to the anticipated cost.
The list:
Angela Wagner's proffered statement and full plea agreement.
Jake Wagner's proffered statement and full plea agreement.
Transcripts of the testimony of: Jake Wagner, Angela Wagner, George Washington Wagner, IV, Jeff Tackett and Bobby Jo Manley. (I am also inquiring the court reporter for this as well).
All search warrants, including full and complete returns for all searches completed during the investigation.
Full and complete autopsy reports of all eight victims.
Transcripts from the wiretaps and all recordings that prosecutors / BCI investigators prepared for the trial, those entered into evidence and those prepared for the jury.
All the final reports from all BCI agents involved in the case during the course of the investigation.
Any and all timelines prepared by investigators and/or prosecutors during the course of the investigation and in preparation for the trial.
All victim impact statements and letters in support of Wagner IV that will be read in court and entered into the court file on or after Dec. 19, 2022.
In addition, I would like the opportunity to review:
All crime scene and autopsy photos.
Any and all video recordings of interviews with Jake, Angela, George and Billy Wagner, Elizabeth Armer and Tabitha "Tabi" Claytor, Fredericka Wagner and Rita Newcomb.
Thanks very much for your attention to this matter,
Chris Graves [telephone number
email addresses]
For students
Thanks for following along during the course of the semester and for all of your patience for my travels back and forth to Ohio to cover this case. It is/was my hope that following along would enhance your education as you watched how the work was done. For my part: I enjoyed your questions on the blog posts and in class. Thank you!
Lastly, what questions do you have about this post or anything else related to the coverage? I hope that even though our time is ending that you will follow along here for the sentencing update. Stop by my office anytime to check in.
And, all great good luck to each and all of you,
Chris
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