The structure of a criminal trial, what to expect

The trial of George Washington Wagner IV, 31, officially starts on Aug. 29. However, the defense and prosecution teams have been working on this case for years. Here's an overview of what to expect in criminal trials.

George Washington Wagner, IV, seated between his lawyers in a screenshot of a May 2022 court hearing in Waverly, Ohio.

In general:

• Prosecutors, who have been attached inside the police investigation since it started (which is rare), take the police investigation as the basis of building their case. They use witness statements, physical evidence and sometimes even use their own investigators to get more information before trial. In a criminal trial, prosecutors (sometimes called a state's attorney or a district attorney) must prove their case beyond a reasonable doubt. That means the weight is on them to prove their case to a jury or to a judge or judge's panel. In this case, a jury will weigh the evidence before rendering a verdict. Three prosecutors are trying the Wagner case.

• Defense lawyers don't have to prove anything. Their job is to defend their client against the accusations lodged and to challenge prosecutors, the evidence and witnesses. In this case, there are two defense attorneys.

In general, there are six steps to a criminal trial, according to Findlaw.com and it goes in this order:

• Seating a jury. (called voir dire). A jury is made up of 12 people and two alternates. Jurors must be residents of the county in which a trial occurs and their names are generally pulled from voting registration or/or state identification records. In this case, Judge Randy Deering may want additional alternates due to Covid-19 considerations. In this case, 1,000 Pike County residents were summoned to appear. About 45-50 percent showed up and answered a jury questionnaire as the first step to narrow the pool, John Parker, one of Wagner's lawyers, said during a motion hearing. From that pool, lawyers have been further questioning them answering them questions about who they know, what they know about the case to date and their thoughts on the death penalty. Lawyers have been questioning potential jurors for much of August and hope to get a pool of between 40-60 viable jurors to begin voir dire.

Read the jury questionnaire:

585743774-George-Wagner-Trial-Jury-Questionnaire

.pdf

Download PDF • 725KB

• Opening statements. Before witnesses are called and testimony begins the prosecutors and defense outline their case for jurors.

• Witness testimony, cross examination and introduction of evidence. This is the part of the trial where prosecutions build their case against a defendant (the person on trial, which in this case is George Wagner, IV). In this case, prosecutors have provided a list of about 350 potential witnesses; however, it is unlikely they will call that many to testify. Defense lawyers get to ask witnesses questions as well — a process called cross examination. The defense also gets a chance to call its own witnesses, who can be questioned by prosecutors.

• Closing arguments. Much like opening statements, each side gets to sum up its case and offer key points they want jurors to remember as they begin to deliberate.

• Jury instruction. The judge provides jurors with an explanation of the applicable laws and legal standards it must use to weigh its decision. The judge will also define what reasonable doubt is and provide any other instruction he deems necessary before jurors begin their deliberations.

• Jury deliberation and verdict. Jurors meet in a group, in private, and discuss the case, the testimony and the evidence. They must render verdicts on each count facing a defendant. In this case, Wagner was indicted on 22 crimes, including eight counts of first-degree murder — which could carry the death penalty. Jurors can decide guilty or not guilty on each count. But they must be unanimous on each. If they can not agree (called a hung jury) a judge can declare a mistrial, meaning prosecutors must decide if they will retry the case. In this case, if jurors vote to convict they may have the added task of deciding if Wagner will face the death penalty.

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Of note:

• Judges presiding over a criminal trial do not generally respond to reporter questions about the case. Don't ask.

• However, the court administrator and/or courts public information officer and often a judge's clerk or bailiff may be able to answer procedural questions. They will not discuss the case.

• Do not approach any lawyer, defendants or witnesses during the trial. You can certainly try to interview them later.

• Never approach a juror before or during a trial, during deliberations or during the sentencing phase. It is OK to reach out to jurors after a case has concluded and see if they would like to be interviewed.

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Terms to know:

• Gag order: An order by a judge that restricts the people involved in a case to not talk to the media about case details. This generally refers to all the lawyers, defendants and court personnel. You can certainly request interviews with these people (as journalists or members of the general public are not subject to the order), but know they likely will not return your calls. There is a gag order in the Wagner case.

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Questions for students:

• What three questions did you find most interesting on the jury questionnaire? Why?

• If there was not a gag order in this case, what are three questions you might ask the prosecutor and the defense before they begin the case? What do you think you would want to know before the trial starts? What would you need to know?

Leave your questions below with your name.