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Here's why you won't see every witness testify during the Pike County murder trial

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Posted at 11:43 AM, Sep 28, 2022
and last updated 2022-10-24 10:24:33-04

WAVERLY, Ohio — Those who have been following the Pike County murder trial of George Wagner IV have probably noticed some witness testimony has not been able to air over live streams or on televised recaps later.

Per the Ohio State Supreme Court's rules of superintendence for the courts of Ohio, section 12, all victims and witnesses participating in a trial have a right to object to being filmed, videotaped, recorded or photographed.

"The filming, videotaping, recording, or taking of photographs of victims or witnesses who object shall not be permitted," reads the Ohio State Supreme Court's rules.

The court's rules leave the determination on how to handle that right up to each individual judge presiding over trials throughout the state of Ohio.

In the case of the Pike County murder trial, Judge Randy Deering has ordered all witnesses swearing in to testify can leverage this option.

Witnesses are given a paper form before they're called, where they can check whether they consent to be fully recorded, whether they consent to only have their audio recorded or whether they do not consent to any form of recording during their testimony.

Pike county opt out form
A photo of the form witnesses are asked to fill out before they're called to the stand.

Since this blocks the recording of witnesses, that also means there is no recording created to use in on-air coverage on any of the stations covering the trial. The only way to hear the testimony of these witnesses is to physically be in the court room, taking notes with pen and paper, since Deering has also banned all electronics from the courtroom.

Several media outlets covering the trial, including WCPO, jointly filed a motion to request that the state's main witnesses, the defendant's brother Jake and mother Angela, be denied the ability to opt out of being recorded while they testify.

Both the prosecution and the defense requested the state deny the motion and, ultimately, Deering did deny it.

MOTION FOR MEDIA ACCESS by WCPO 9 News on Scribd