IN THE COURT OF COMMON PLEAS, PIKE COUNTY, OHIO STATE OF OHIO CASE NO. 2018-CR-000159 Plaintiff VS 1 FREDERICKA CAROL WAGNER JUDGE RANDY D. DEERING Defendant. - MOTION TO DISMISS INDICTMENT Defendant, through counsel, hereby moves this Court, pursuant to Crim. R. to issue an Order dismissing Count 1 of the Indictment in the above-captioned case, charging Ms. Fredericka Carol Wagner (?Fredericka?) with the offense of OB STRUCTING JUSTICE, R.C. a felony of the ?fth degree, and Count 2 of the Indictment in the above- captioned case, charging her with the offense of PERJURY, R.C. a felony of the third degree, for the reason that both these statutes are inapplicable to Fredericka under the facts of this case. The sole basis for both the Obstruction of Justice charge (Count 1) and the Perjury charge (Count 2) was Fredericka?s July 24, 2018, testimony to a Pike County investigative Grand Jury. She testi?ed that: 1) She personally purchased two bulletproof vests seizedfrom her house by agents from the Ohio Bureau of Criminal Investigation 2) She purchased the two bulletproof vests a?er the Rhoden homicides; and 3) She guessed and thought that she bought them from Amazon. Dismissal is sought because the prosecutors made several false assumptions about the bulletproof vests, and then presented erroneous information to the indicting grand jury. The I COMMON PLEAS COURT 2mg 1 JUSTIN P. BREWSTER Ema: r~nl IMTV irrefutable facts known by both the State and the defense do not support a violation of the Obstructing Justice and Perjury statutes. First, the prosecutors falsely believed the bulletproof vests were purchased before the Rhoden homicides. Both sides now know that is not true. They were in fact purchased on May 7, 2016, ?fteen (15) days after the date of the Rhoden homicides. Second, the prosecutors falsely believed the vests were used in the Rhoden homicides. Irrefutable evidence now proves that not to be true. Third, the prosecutors falsely believed Fredericka did not purchase the bulletproof vests online. Once again irrefutable evidence now proves that she did, although she bought them from eBay not Amazon. The Obstructing Justice and Perjury statutes are inapplicable to Fredericka under the irrefutable facts now known to be true in this case. This motion is more ?illy explained in the memorandum in support set forth below. Respectfully submitted Owen (0003525) warm, LLC 535 High Street, Suite 101 Columbus, Ohio 43214 jowen@k1attorneys.com Ph: Charles A. Koenig Owen, LLC 5354 North High Street, Suite 101 Columbus, Ohio 43214 ckoenig@klattorneys.com Ph: (614) 454.5010 Attorneys fori gm?o?dgfigigsz MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK MEMORANDUM IN SUPPORT Procedural Posture On November 13, 2018, Ms. Fredericka Carol Wagner (??Fredericka?) was indicted by a Pike County, Ohio Grand Jury on two counts. Count 1 alleges she committed the offense of Obstructing Justice, a felony of the ?fth degree, in violation of Ohio Revised Code R.C. ?2921 .05 (B). Count 2 alleges she committed the offense of Perjury, a felony of the third degree in violation of RC. ?2921.1 Defendant, through Counsel, is now before the Court seeking an Order dismissing the Indictment pursuant to Crim. R. because both counts are defective due to the inapplicability of the Obstructing Justice and Perjury statutes to her under the facts of this case. Summary of Facts Applicable to the Indictment On the evening of April 21 -22, 2016, the execution?style murder of eight Rhoden family members occurred in Pike County, Ohio. Mass hysteria ensued in the days following the discovery of the killings, culminating with a church press conference by Sheriff Charles Reader on Sunday, April 24th where he warned the citizens of Pike County to ?arm yourself.? On May 7, 2016, Fredericka, then age 74, took the Sheriff?s advice and bought two bulletproof vests online from eBay. When questioned about her purchase 26 1/2 months later by an investigating Grand Jury, Fredericka, then age ?76, testified she guessed and thought she bought them from Amazon. When asked speci?cally she testi?ed guess I did.? In a follow up question, she said, thought I did.? In fact, although Fredericka did buy the bulletproof vests online, she bought them from eBay, not Amazon. All other portions of her testimony about the bulletproof vests was remarkably accurate. COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK On November 13, 2018, a Pike County Grand Jury indicted Fredericka for Obstructing Justice and Perjury in connection with her testimony that she guessed and thought she had purchased the bulletproof vests from Amazon. The Indictment The November 13, 2018, Indictment alleges in Count 1 that Fredericka committed the offense of Obstructing Justice on July 24, 2018, by unlawfully communicating ?false information? with ?purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment? of her son Billy Wagner, and/or daughter-in?law, Angela Wagner, and/or one or both of her two grandsons, Jake and or George. In Count 2, the Indictment alleges that Fredericka committed the offense of Perjury on July 24, 2018, by making ?a false statement under oath? before the Pike County Grand Jury, and that the statement was ?materia R.C. provides that a statement is "?material? if it capable of affecting the outcome of the proceeding. Both Counts allege Fredericka made or communicated false information on July 24, 2018, the date she testi?ed before a special grand jury convened to investigate the April 22, 2016, Rhoden Homicides. On November '14, 2018, the day after Fredericka was indicted, the Special Prosecuting Attorney told the undersigned attorney James D. Owen that there was one alleged false statement common to both Counts, which was testimony by Fredericka given to the investigating grand jury that she purchased the two bulletproof vests found during a search of her residence a?er the Rhoden homicides and onlfne ?om Amazon. This representation about the speci?cs of the allegations set forth in the Indictment was later continued in a Bill of Particulars ?led on January 10, 2019, and orally during the Pretrial Conference held in redericka?s case on the record later t. A195), 8813133} ten the MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK Special Prosecuting Attorney stipulated on the record there was only a single statement by redericka alleged in both Counts of the Indictment to be false, and that was her July 24, 2018, testimony to the investigating Grand Jury regarding her purchase of two bulletproof vests. Earlier this week, on Monday, March 11, 2019, the State provided the defense for the ?rst time with a copy of eight pages from a transcript of Fredericka?s July 24, 2018, Grand Jury Testimony which the State of Ohio asserted in a cover letter contained all ?the relevant portions of Ms. [Fredericka] Wagner?s testimony [given about the bulletproof vests] when she appeared in front of the grand jury in Pike County on July 14 [sic], 2018.? A copy of this cover letter and 8-page excerpt from the transcript of her Grand Jury testimony provided by the prosecution is attached as Exhibit 1. During her grand jury testimony Fredericka testi?ed she purchased the bulletproof vests a?er the Rhoden homicides. When redericka was questioned about where she purchased the bulletproof vests, she testi?ed at page 92, lines 15 20, and page 93 lines 1 2, as follows: ATTORNEY CANEPA: Where did you buy them from? MRS. WAGNER: I ordered that stuff from Amazon. ATTORNEY CANEPA: You ordered a bulletproof vest through Amazon? MRS. WAGNER: Yes, I guess I did, I will give you the records, you want it? ATTORNEY CANEPA: You guess you did. or you did it? MRS. WAGNER: I thought] did. (Emphasis added). It is Fredericka?s testimony contained in the 8-page partial transcript that forms the sole basis for the charges set forth in the indictment. le COMMON PLEAS COURT MAR 5 2019 Lil JUSTIN P. BREWSTER PIKE COUNTY CLERK The Rhoden Homicides and Associated Grand Jug Investigation The Rhoden Homicides On the night of April 21-22, 2016, eight members of the Rhoden family, Christopher Rhoden Sr., 40; his older brother, Kenneth Rhoden, 44; Christopher Rhoden?s former wife, Dana Rhoden, 38; their three children, Clarence ?Frankie? Rhoden, 20, Hanna Rhoden, 19, and Chris Rhoden Jr., 16; a cousin, Gary Rhoden, 38; and Clarence ?Frankie? Rhoden?s ?ancee, Hannah Hazel Gilley, 20, were shot and killed execution-style in multiple homes in Pike County, Ohio. The Ohio Attorney General?s Of?ce con?rmed the presence of marijuana growth and cock?ghting operations at the locations of the Rhoden homicides, but did not con?rm a direct connection between that criminal activity and the killings. The Sheri? Warns Residents to ?Arm Themselves Mass hysteria quickly emerged in Pike County and surrounding areas as a result of the homicides. On Sunday, April 24, 2016, just two days after the bodies were discovered, Sheriff Charles Reader held a news conference after church, where ?ightened residents were taking shelter. His advice to the residents of Pike County was simple and straightforward: ?Arm yourself. I cannot guarantee that I can be there for 30,000 people.? Fredericka Wagner Buys Two Bulletproof Vests redericka Wagner took Sheriff Reader?s advice to heart. She believed she had reason to be concerned for her family?s safety because of her family?s close relationship with several Rhoden family members. On May 7, 2016, she purchased two bulletproof vests online. The ?rst was ARS 00 Body Armor with carrier and side plates purchased and ordered online by Fredericka from Spartan Armor Systems on May 7th, paid by her on her PayPal account on the same date. The second was a New Israeli Moty Concealable Body Armor Bgm?a? Eisgii?rw??by MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK her online on May 7th through eBay, and also paid by her on her PayPal account. The proof of those purchases is set forth below in greater detail. The May 13, 201 7, Search of Fredericka Wagner?s Residence by BCI Agents and Seizure of the Two Bulletproof Vests Purchased by her on May 7, 2016 On May 13, 2017, agents from the Ohio Bureau of Criminal Investigation (BCI) conducted a search of Fredericka?s residence located at 6851 Camp Creek, Lucasville (Pike County), Ohio, and seized, among other things, two bulletproof vests. The BCI Inventory of items seized during the search is attached as Exhibit 2. Page 6 of the BCI Inventory describes Item 27 as a ?Tactical vest carrier with metal plates.? It describes Item 28 as a.?Bullet proof vest with carrier.? A photograph taken of these two bulletproof vests by BCI agents at Fredericka?s residence on the day of the search is attached as Exhibit 3. As shown below, BCI Inventory Item 27 is the ARS 00 Body Armcr, which redericka purchased and ordered online from Spartan Armor Systems on May 7, 2016. BCI Inventory Item 28 is the New Israeli Moty Concealable Body Armor Bulletproof Vest, which Fredericka also ordered and purchased online on May An Investigative Grand Jury is Empaneled In July of 2018, after a 26-month long law enforcement investigation, at the request of the Pike County Prosecutor and the Special Prosecuting Attorneys from the Of?ce of the Ohio Attorney General, an investigative Grand Jury was empaneled to meet regularly to assist the Pike County Sheri? and BCI in the investigation of the Rhoden Homicides, and to examine evidence collected during the course of the investigation. The Grand Jury remained in session at least until November 13, 2018, when it falsely indicted Fredericka for Obstructing Justice and Perjury based on her July 24, 2018, testimony about the two bulletproof COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTE PIKE COUNTY CLERE Fredericka Wagner?s July 24, 2018, Grand Jury Testimony about the Bulletproof Vests On July 24, 2018, Fredericka testi?ed before the investigative Grand Jury about the two bulletproof vests purchased by her 26 1/2 months earlier and seized from her residence 14 1/2 months earlier. This week, on Monday, March 11, 2019, the State provided the defense for the ?rst time with a copy of eight pages ?om a transcript of Fredericka?s July 24, 2018, Grand Jury Testimony. The testimony provided consists of excerpts taken ?om a transcript of Fredericka?s testimony bearing page numbers 1, 2, 92, 93, 94, 95, 96, and 132. In the State?s cover letter, they state that these eight pages contain all ?the relevant portions of Ms. [Fredericka] Wagner?s testimony [given about the bulletproof vests] when she appeared in front of the grand jury in Pike County on July 14 [sic], 2018.? A cOpy of the State?s cover letter and the 8-page excerpt from the transcript is attached as Exhibit 1. Fredericka testi?ed, in pertinent part, as follows: P. 92, ATTORNEY CANEPA: Okay, and did you ever see the bullet proof vests, that your son owned? 43m MRS. WAGNER: I ordered all that stuff. All that body armor was my idea, he did not ask for that, and that was purchased after the murder because I was afraid they were going to kill him to. I couldn't get him to wear it. I got it and spent all of that money. I got him the whole thing, wear this Billy so you won't get hurt. And he said I will mom and some of it he did, and some of it he didn't, and BCI took every bit of it. I got him a vest and let's see, what else did I get him, you tell me, I will give you the Amazon records. r' returner [Qt??0 p?s U) ATTORNEY CANEPA: No, no you tell me What you purchased. MRS. WAGNER: I can't remember, but I will give you the "@f?liiMON PLEAS COU RT re a: ATTORNEY CANEPA: Where did you buy them from? MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY L. 16 MRS. WAGNER: I ordered that stuff from Amazon. L. 17 ATTORNEY CANEPA: You ordered a bullet proof vest through Amazon. L. 19 MRS. WAGNER: Yes, I guess I did, I will give you the records, you want it? P. 93, L. ATTORNEY CANEPA: You guess you didMRS. WAGNER: I thought I did. L. 3 ATTORNEY CANEPA: I L. 4 MRS. WAGNER: It was bodv armor. It's called bodv armor. L. 5 ATTORNEY CANEPA: Okay. (Transcript portions omitted). L. 15 ATTORNEY CANEPA: Okay. Uh, did you buy body armor for L. 16 yourself, or your daughter? L. 17 MRS. WAGNER: No, Robin wouldn't wear it, she's got a vest she L. 18 wears, supposed to wear to ride horses, and she won't wear it, and I L. 19 can't get'her to wear her helmet half of the time, and I'm not wearing L. 20 that stuff, because I don't care if they shoot me. P. 94, L. 1 ATTORNEY CANEPA: Okay. (Transcript portions omitted). L. 4 ATTORNEY CANEPA: And, uh what all kind of body armor did you get him? L. 5 Like, describe it to me? L. 6 MRS. WAGNER: Hum, everything I could think of. (Transcript portions omitted). P. 95, L. 3 ATTORNEY CANEPA: Okay, so you bought body armor for Billy L. 4 because you were afraid, but you didn't buy body armor for Robin. L. 5 MRS. WAGNER: She wouldn't wear it and I knew it. I asked her L. 6 ATTORNEY CANEPA: But he wouldn't wear it either, as it turns out. L. 7 MRS. WAGNER: Well he did, he wore it a little bit, 1W 319E L. 8 was humoring me- COMMON PLEAS COURT MAR 15 2019 9 JUSTIN P. BREWSTER COUNTY CLERK 9 ATTORNEY CANEPA: Okay. 10 MRS. WAGNER: But that was all my idea, paid for with my account, 11 my credit card, I have got all of those records, and it was after the 12 murder, and I will be glad to give them to you: 13 ATTORNEY CANEPA: How many bullet proof vests did you buy him? 14 MRS. WAGNER: It could have been two (2), I don't remember. They 15 were different kinds. 16 ATTORNEY CANEPA: Okay, why would you buy him two (2) different 17 kinds? MRS. WAGNER: If one (1) didn't or he didn't like it, I could send it back, but I'm not sure I did, but I do that with Robin all the time. Every time I order jeans or anything for her, I will get two (2) different n?hr?I \000 P. 96, sizes, and I send back what doesn't That's common for me. I will give you my Amazon records. U) ATTORNEY CANEPA: Okay. (Emphasis added). Fredericka Wagner is Indicted On November 13, 2018, Fredericka was indicted for one count of Obstructing Justice and one count of Perjury based on the State?s false belief about Fredericka?s testimony to the investigating Grand Jury. As is shown below, it is now known her testimony was an honest description of how and when she purchased the bulletproof vests. The Two Bulletproof Vests On May 7, 2016, 15 days a?er the 'Rhoden homicides, Fredericka purchased the two bulletproof vests at issue online. One was ARS 00 Body Armor purchased and ordered online by Fredericka from Spartan Armor Systems on May 7, 2016. Proof of this purchase is set forth on I the PayPal purchase orders attached as Exhibit 4. Pages 2 and 3 sh 36m WW5 WEEDS RT $284.99 by Fredericka to Spartan Armor Systems for the purchase. An onlin?pgRs?a? dgpigtion of P. BREWSTE PIKE COUNTY CLER the bulletproof vest purchased by Fredericka ?om Spartan Armor Systems on May 7, 2016, is attached as Exhibit 5. The second bulletproof vest purchased by Fredericka on May 7, 2016, was a New Israeli Moty Concealable Body Armor Bulletproof Vest ordered online by her and purchased for the amount of $379.99. Evidence of this purchase is also shown on the PayPal purchase orders attached as Exhibit 4. Pages 1 and 2 show the May 7th purchase payment of $379.99. Those two bulletproof vests were seized by BCI agents on May 13, 2017. They are shown on page 6 the Inventory of the items seized (Exhibit 2) as BCI Inventory Items 27 and 28. BCI Inventory Item 27 is the Spartan Armor vest with side plates ordered by Fredericka on May 7, 2016. BCI Inventory Item 28 is the Moty Concealable Body Armor also ordered by Fredericka on May 7, 2016. Both are depicted in a photo of the vests taken by BCI agents on the date of the search. (Exhibit 3). On February 1, 2019, Fredericka?s two defense attorneys, James D. Owen and Charles A. Koenig, inspected and photographed the two bulletproof vests at BCI headquarters in London, Ohio in the presence of the Special Prosecuting Attorney and the BCI agent in charge of the investigation. During the inspection, defense attorney James D. Owen asked the Special Prosecuting Attorney in the presence of the lead BCI agent whether they believed the two vests seized from Fredericka on May 13, 2017, were used in the Rhoden homicides. The answer was ?Yes.? On February 1, 2019, the State?s position was that the bulletproof vests seized were material to their investigation because they believed they were used by the killer or killers. Mr. Owen then asked whether there were any scienti?c tests bulletproof vests, and, if so, whether they tied the vests to the crime. B161) legit? COURT MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK responded that testing was requested and performed but that the results did not connect either vest to the crime. After inspecting the two vests, Messrs. Owen and Koenig noticed that AR500 Body Armor purchased and ordered online by Fredericka from Spartan Armor Systems (BCI Inventory Item 27) contained a label designating a date of manufacture of 04/29/2016, seven days a?er the Rhoden homicides. Mr. Owen asked both the Special Prosecuting Attorney and the lead BCI agent about the date of manufacture occurring seven days a?er the Rhoden homicides, and received no verbal re3ponse, only a shrug from both in response.1 Mr. Owen then photographed the Spartan Armor Systems bulletproof vest (BCI Inventory Item 27), including the label showing the 04/29/2016 date of manufacture. A cepy of those photos is attached as Exhibit 6. Pages 2 and 3 of the PayPal purchase order attached as Exhibit 4 show the May ?7th payment of $284.99 by Fredericka to Spartan Armor Systems for the purchase. It is now beyond dispute that the Spartan Armor bulletproof vest (BCI Inventory Item 27) was manufactured seven days a?er the Rhoden homicides and purchased online by Fredericka 15 days a?er the Rhoden homicides. Messrs. Owen and Koenig also inspected and photographed the second bulletproof vest seized from Fredericka?s home on May 13, 2017, the New Israeli Moty Concealable Body Armor Bulletproof Vest. (BCI Inventory Item 28). A cepy of those photos is attached as Exhibit 7. The Moty bulletproof vest depicted in Exhibit 6 was purchased by Fredericka online on May 7, 2016, through eBay, and paid by her on her PayPal account. Proof of Fredericka?s purchase I Follow-up phone calls made by Fredericka?s defense attorneys to Spartan Armor Systems disclosed that the 04/29/2016 date of manufacture is placed on the item on the date the manufacturing process is completed, and that, given their manufacturing processtould make it im ossible for the item to be shi ed rior to that date. I Pp COMMON PLEAS COURT MAR 15 2019 12 JUSTIN PIKF COUNTY of the Moty bulletproof vest 15 days after the Rhoden homicides is evidenced in her PayPal account attached as Exhibit 4, pages 1 and 2, and in an eBay con?rmation record attached as Exhibit 8.2 It is now beyond dispute that the Moty bulletproof vest (BCI Inventory Item 28) was purchased online by Fredericka 15 days a?er the Rhoden homicides. It is beyond dispute that the two bulletproof vests seized from Fredricka?s house on May 13, 2017 (BCI Inventory Items 27 and 28), were not used in connection with the Rhoden homicides. It is beyond diSpute that the Spartan bulletproof vest (BCI Inventory Item 27) was not even manufactured until seven days a?er the Rhoden homicides. It is beyond dispute that Fredericka purchased these two bulletproof vests on May 7, 2016, 15 days a?er the Rhoden homicides. It is beyond dispute that she purchased these two bulletproof vests online and paid for them online using her PayPal account. Fredericka was remarkably accurate in her testimony about her purchase of the two bulletproof vests, particularly since it was given more than 26 months after the purchase. The State may point out Fredericka testi?ed she guessed and thought she bought the items online from Amazon, when in fact she bought them from eBay and paid for them online through PayPal. This is a distinction without a difference. If a person testi?ed today that he bought his wife a red coat for Christmas in 2017, some 26 1/2 months ago, and guessed and thought he paid for it with his Visa, but it turned out he paid for it with his Mastercard, how could that matter? He guessed and thought wrong, he paid for it with a Mastercard. He still bought her a red coat for Christmas! It simply does not matter for purposes of the Obstructing Justice statute, let alone could it be material for purposes of the Perjury statute. 2 Follow?up phone calls made by Fredericka?s defense attorn WW- disclosed that the Spartan Armor vest (BCI Inventory Item 2'7m?l?g WW Bay. MAR 15 2019 13 JUSTIN P. BREWSTER PIKE COUNTY CLERK Law and Argument: Crim. R. 121C) Motion to Dismiss Crim. R. empowers trial courts to rule on ?any defense, objection, evidentiary issue, or request that is capable of determination without the trial of the general issue.? Crim. R. 12(0). In conducting this pretrial review, courts may look to ?evidence beyond the face of the indictment.? State v. Brady, 119 Ohio St. 3d 375, 2008-Ohio-4493, at 1i18. In State v. Palmer, 131 Ohio St. 3d 278, 2012-Ohio-580, the Ohio Supreme Court addressed whether a Crim. R. motion to dismiss was the proper mechanism to deal with an indictment that was defective due to the inapplicability of the statute at issue to the defendant. In that case, the Court held ?[t]he general issue for trial in this context is whether the accused violated the law as set forth in the indictment. Where the law simply does not apply, the trial court is well within its authority to dismiss the indictment before trial. In reaching that determination, the trial court may look beyond the four corners of the indictment.? Ram, 2012?Ohio-5 80, at 1124. Dismissal of Count I Obstructing Justice Fredericka is charged in Count 1 of the Indictment with Obstructing Justice by violating the provisions of RC. 2921 Section 2921 prohibits any person from communication false information to another for the purpose of hindering the discovery, prosecution, conviction, or punishment of another for a crime. Here, Fredericka is accused of communicating ?false information? with ?purpose to hinder the investigation of her son Billy Wagner, daughter?in?law, Angela Wagner, and/or one or both of her two grandsons, Jake and or George, who were suspects in the Rhoden homicides. However, Fredericka did not communicate any false information that could hinder the investigation. Everything she stated to the investigating Grand Jury was based on her honest recollection of her purchase 26 V2 months earlier. Her statement that she guessed and thought she an MAR 15 2019 14 JUSTIN P. BREWSTER PIKE COUNTY CLERK Amazon, when in fact she had purchased them from eBay, is of no consequence. This distinction without a difference could not hinder the investigation of her family members. The Special Prosecutor and B01 agents believed the two bulletproof vests were used in the Rhoden homicides, a belief now proven to be untrue. The fact that Fredericka purchased them a?er the Rhoden homicides could only help her family, regardless of whether she purchased them online from Amazon or eBay. The fact that Fredericka thought she bought the vests online from Amazon when in fact she bought them from eBay can be considered nothing more than the lack of eidetic or photographic memory, and it could not in any way have aided her family in connection with the law enforcement investigation. The provisions of Ohio?s Obstructing Justice statute charged here, R.C. simply does not apply to the facts of this case. Fredericka?s testimony that she guessed and thought she purchased the vests on Amazon when in fact she purchased them on eBay, can be of no consequence in the investigation of her family members for a crime. Here, her lack of a photographic memory about Amazon versus eBay simply could not have an effect in the case. Dismissal of Count 2: Perjwy Fredericka is charged in Count 2 of the Indictment with Perjury by violating the provisions of RC. 2921 . 1 Section prohibits any person ?'om knowingly making a false statement under oath that is material. Section 2921.1 1 (B) provides that a false statement is material if it is capable of affecting the outcome of the proceeding. There can be no plausible argument that ,Frederica knowingly made a false statement, let alone one that was material to the investigation of her family members. There are simply no facts to support that proposition. Whether Fredericka was correct when she guessed and thought she had purchased the bulletproof vests after the Rhoden homicides online from Amazon (when she had in fact COMMON PLEAS COURT MAR 1 5 2019 15 JUSTIN P. BREWSTER pm: FRK purchased them after the Rhoden homicides online from eBay), cannot and could not have affected the outcome of the grand jury investigation. Conclusion For the reasons set forth in detail above, the Obstructing Justice and Perjury statutes are inapplicable to the undisputed facts of this case. For that reason, Defendant respectfully requests the Court to issue an Order dismissing the Indictment. . ResPectfully sub d, nig Owen, LLC 5354 orthHigh Street, Suite 101 Columbus, Ohio 43214 jowen@klattorneys.com Ph: (614) 454.5010 Fax: (614) 454.5 30 Charl??s Ko?ni (0013 53) Koenig Owen, 5354 North High Street, Suite 101 Columbus, Ohio 43214 ckoenig@klattorneys.com Ph: (614) 454.5010 Fax: (614) 454.5030 Attorneys for Defendant Fredericka Wagner COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER 16 PIKE COUNTY CLERK CERTIFICATE OF SERVICE The undersigned hereby certi?es that the foregoing was sent to Mr. Rob Junk, Pike County, Ohio Prosecuting Attorney at 100 East Second Street, Waverly, Ohio 45690 via e-mail at Rob.Junk@PikeCounty.Oh.gov; and to Ms. Angela Canepa, Pike County, Ohio Special Prosecuting Attorney, 100 East Second Street, Waverly, Ohio 45690 at gov, this 15th day of March 2019. Defendant Fredericka Wagner COMMON PLEAS COURT MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK 17 Wagner, Federicka Exhibit index Exhibit 1 - TRANSCRIPT Partial transcript of Fredericka Wagner?s grand jury testimony on July 24, 2018, along with cover letter from prosecutor?s office on 3/11/19 Exhibit 2 BCI INVENTORY 5/13/17 7-page Inventory prepared by Ohio BCI agents showing, among other things, the 2 bulletproof vests seized during the 5/13/17, raid on and search of Fredericka Wagner?s residence. (The 2 bulletproof vests are listed on page 6 of the inventory and are tagged as Inventory items 27 and 28). Exhibit 3 BCI PHOTOS of 2 VESTS 5/ 13/17 - Photo of 2 bulletproof vests, tagged as items 27 and 28, seized by Ohio BCI agents during the 5/13/17, raid on and search of Fredericka Wagner?s residence: 0 Item 27 shown on the photo is Spartan Armor, ARSOO Body Armor, including side plates and carrier, and, 0 Item 28 shown on the photo is New Israeli Moty Concealable Body Armor Bulletproof Vest size2XL. Exhibit 4 PAYPAL RECEIPT 5/7/ 16 - PayPal purchase orders for the 2 bulletproof vests ordered by Fredericka Wagner on 5/7/16, 15 days the Rhoden homicides. 0 Pp 1?2 shows the 5/7/16 purchase of the New Israeli Moty Concealable Body Armor Bulletproof Vest size 2XL (Ohio BCI inventory item 28), and 0 Pp. 2-3 shows the 5/7/ 16 purchase of Spartan Armor Systems ARSOO Body Armor, including side plates and carrier (Ohio BCI inventory item 27). Exhibit 5 SPARTAN ARMOR VISUAL FROM WEBSITE Visual depiction of Spartan Armor Systems ARSOO Body Armor including side plates and carrier purchased by Fredericka Wagner on 5/7/ 16, 15 days the Rhoden homicides, and seized by Ohio BCI agents from Fredericka Wagner?s residence on 5/13/17. (Ohio BCI Inventory item 27). COMMON PLEAS COURT MAR 1 5 2019 1 STER JUSTIN P. BREW PIKE COUNTY CLERK Exhibit 6 PHOTOS OF SPARTAN 2/1/19 - Five Defense photos taken at the Ohio BCI headquarters by Fredericka Wagner?s defense attorneys of the Spartan Armor Systems ARSOO Body Armor, including side plates and carrier, showing a 04/29/16 date of manufacture, produced by the State as Ohio BCI inventory item 27, seized during the 5/ 13/17, raid on and search of Fredericka Wagner?s residence. Exhibit 7 PHOTOS OF MOTY 2/1/19 Five Defense photos taken at the Ohio BCI headquarters by Fredericka Wagner?s defense attorneys of the New Israeli Moty Concealable Body Armor Bulletproof Vest size 2XL, produced by the State as Ohio BCI inventory item 28, seized during the 5/13/ 17, raid on and search of Fredericka Wagner?s residence. Exhibit 8 MOTY EBAY CONFIRMATION 5/7/16 Ebay confirmation of Moty Concealable Body Armor Bulletproof Vest size 2XL purchased by Fredericka Wagner on 5/7/16, 15 days the Rhoden homicides, and seized by Ohio BCI agents from Fredericka Wagner?s residence on 5/13/17. (Ohio BCI Inventory item 28). I COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK Special Prosecutions Section . i Office number. 614-629-8340 Faxnumber: 866-483-1104 is OHIO ATTORNEY GENERAL. gifn?ydii 136215100! momoAtwmeyGenemlgov March 11,2019 James D. Owen 5354 N. High St. Columbus, OH 43214 Re: Frederic-Ira Carol Wagner Case No. 2018011000159 Dear Mr. Owen: Enclosed please ?nd the State?s ?Supplemental Discovery? being ?led in the above-referenced case this date, along with the discovery items speci?ed therein, speci?cally, approximately eight (8) pages of the relevant portions of Ms. Wagner?s testimony when she appeared in ?'ont of the grand jury in Pike County on July 14, 2018. The State will continue its duty of supplementing discovery. Please do not hesitate to call me with any questions you may have. Thank you for your attention in this matter. Truly Yours, Section Chief Special Prosecutions Section Enclosures I COMMON PLEAS COURT MAR 1'5 2019 JUSTIN P. BREWSTER EXHIBIT . PIKE COUNTY CLERK REMEMBERED, that on the 14th day of July, 2018, this cause came to be heard on the before the Special Grand Jury of Pike County, Ohio; the following being a full and complete transcript of said testimony of Frederick Wagner on said date. COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT JURY Mrs. Wagner, raise your right hand please. Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God? MRS. WAGNER: Yes, I do. JURY FOREMAN: Okay, be seated. Thank you. ATTORNEY CANEPA: I am going to turn myself a little toward you so that you can hear me better. Hopefully, if you can?t hear me, please let me know. Okay, can you hear me right now? MRS. WAGNER: As long as you are looking at me. ATTORNEY CANEPA: Okay. I will do my best to remember that. Um could you please state your name for the record? MRS. WAGNER: Fredericka Wagner. ATTORNEY CANEPA: Okay, and Mrs. Wagner how old are you? MRS. WAGNER: Seventy?six (76). ATTORNEY CANEPA: Okay. And where do you live? MRS. WAGNER: Camp Creek Road. ATTORNEY CANEPA: Okay. How long have you lived there? MRS. WAGNER: Let?s see, we moved to Pike County in 75, we lived over on the other road. We moved there in 1980. ATTORNEY CANEPA: Okay. So almost forty (40) years. COMMON PLEAS COURT MAR 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK MRS. WAGNER: And I was afraid that if they left it outside somewhere, somebody would steal it. ATTORNEY CANEPA: Okay, and did you ever see the bullet proof vests, that your son owned? MRS. WAGNER: I ordered all that stuff. All that body armor was my idea, he did not ask for that, and that was purchased after the murder because I was afraid they were going to kill him to. I couldn?t get him to wear it. I got it and spent all of that money. I got him the whole thing, wear this Billy so you won?t get hurt. And he said I will mom and some of it he did, and some of it he didn?t, and BCI took every bit of it. I got him a vest and let?s see, what else did I get him, you tell me, I will give you the Amazon records. ATTORNEY CAN EPA: No, no you tell me what you purchased. MRS. WAGNER: I can?t remember, but I will give you the records. ATTORNEY CANEPA: Where did you buy them from? MRS. WAGNER: I ordered that stuff from Amazon. ATTORNEY CANEPA: You ordered a bullet proof vest through Amazon. MRS. WAGNER: Yes, I guess I did, I will give you the records, you want it? COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK ATTORNEY CANEPA: You guess you did, or you did it? WAGNER: I thoughtl did. ATTORNEY CANEPA: I . . . MRS. WAGNER: It was body armor. It?s called body armor. ATTORNEY CANEPA: Okay. MRS. WAGNER: I would be happy to, I wish I would have brought that, I started to because I figured you were going to ask me about that. I wished, I would be glad to give it to you. ATTORNEY Okay, when you can, through your Attorney. You can give that to me, or you can give it to me directly. MRS. WAGNER: I will give it to the Attorney and tell him to be sure you get it. I got every bit of it. I printed it all off, you can. I?ll tell you there is nothing to hide, that was my idea, and that was all purchased after the murder because I was terri?ed for him. ATTORNEY CANEPA: Okay. Uh, did you buy body armor for yourself, or your daughter? MRS. WAGNER: No, Robin wouldn?t wear it, she?s got a vest she wears, supposed to wear to ride horses, and she won?t wear it, and I can?t get her to wear her helmet half of the time, and I?m not wearing that stuff, because I don?t care if they shoot me. I COMMON PLEAS COUR EXHIBIT MAR 1 5 2019 JUSTIN P. BREWSTER II PIKE COUNTY CLERK '20 ?34 ATTORNEY CANEPA: Okay. MRS. WAGNER: Then maybe somebody will believe me if they shoot me. ATTORNEY CANEPA: And, uh what all kind of body armor did you get him? Like, describe it to me? MRS. WAGNER: Hum, everything I could think of. ATTORNEY CANEPA: Which is what? MRS. WAGNER: Let?s see I got, something, ATTORNEY CANEPA: I don?t even know what?s out there, you got something for his body, for his chest. MRS. WAGNER: I am going to'give you the records. I don?t know, I am not going to guess, but I don?t know about this stuff, but what it is called, but it went around here, and here, and you know I had stuff for his legs, I did all kinds. You know, it cost about a thousand dollars 1,000.00] if I remember right. But I wanted him to be protected. And, you know, at the time I guess I was kind of panic stricken, because I thought so and so was going to come up there and try to kill him. You know, and uh . . . ATTORNEY CANEPA: Well we know if so and so comes up to kill him, he is taking out the whole family, right? I mean, rightCOMMON PLEAS COURT MAR 15 2019 EXHIBIT JUSTIN P. BREWSTER PIKE COUNTY CLERK ?35 MRS. WAGNER: And I care about my daughter, but I?m not afraid of him. I am not afraid of him. Never let your fear overtake your faith. ATTORNEY CANEPA: Okay, so you bought body armor for Billy because you were afraid, but you didn?t buy body armor for Robin. MRS. WAGNER: She wouldn?t wear it and I knew it. I asked her . . . ATTORNEY CANEPA: But he wouldn?t wear it either, as it turns out. MRS. WAGNER: Well he did, he wore it a little bit, he just, I think he was humoring me. ATTORNEY CANEPA: Okay. MRS. WAGNER: But that was all my idea, paid for with my account, my credit card, I have got all of those records, and it was after the murder, and I will be glad to give them to you. ATTORNEY CANEPA: How many bullet proof vests did you buy him? MRS. WAGNER: It could have been two I don?t remember. They were different kinds. ATTORNEY CANEPA: Okay, why would you buy him two (2) different kinds? MRS. WAGNER: If one (1) didn?t or he didn?t like it, I.could send it back, but I?m not sure I did, but I do that with Robin all the time. Every time I order jeans or anything for her, I will get two (2) different I COMMON PLEAS COURT EXHIBIT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK i sizes, and I send back what doesn?t fit. That?s common fo - RT give you my Amazon records. COMMON PLEAS COU MAR 15 2mg ATTORNEY CANEPA: Okay. . JUSTIN P. BREWSTER MRS. WAGNER. All of them. PIKE COUNTY CLERK I, 3.. 3 . i, 1.45 1' il- STATE OF OHIO COUNTY OF PIKE) CERTIFICATE 1: do hereby certify that I am a Court Reporter for the Common Pleas Court of Pike County, Ohio. I further certify that the foregoing is a true and correct transcript of the hearing held on the date hereinbefore mentioned. COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT EXHIBIT 2 Fl COMMON PLEAS COURT MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK 4 EVIDENCE LOG OR CASE #2017-2275 Agency: Ohio Prepared by: SA Bryan Date 01 report: May 16. 201 10:31 AM All times are 011331 by: -04:00 Ihh??v?w-?Ii case 11: 2017-2275 Case Opened: May 13.201 3:02 PM Offense: Homicide: 8. Nennegigent Manslaughter Victim: Rhoden Witnesses: None Suspects: None osmhm-?sms ?luau-nth- Scene H: Scene 1 012 Address: 6851 Camp' Luoasvitie.'OH. United States Evidence . Item 1 Location Room A Collected By Datemme SA Perry 13. 201 Reese: :19 PM SA Perry May 13. 2017 Roeser 4:44 PM SA Perry May 13. 201 . Roeser :10 PM 1.1 From item 3 1 Room A From item 2 Room A SA F-"erryr Roeser SA Perry Roeser May 13. 201 4:44 PM May 13. 201 4:17 PM From item a 3 com A SA Perry Roeser SA Perry Roeser May 13. 2017 4:44 PM May 13, 2017 4:05 PM Pro?t item 4 Room A SA Perry Roeser SA Perry Roeser May 13. 2017 4:44 PM May 13. 201? 4:04 PM 57/547 Date Released To IL COMMON PLEAS MAR 1 5 2019 EXHIBIT JUSTIN P. BREWSTER IK OUNTY RK EVIDENCE LOG OR CASE #2017-2275 Agency: Ohio 80] Prepared by: SA Bryan Date of report: May 16. 201 10:31 AM All times are offset by: GMT :00 ?mu-om Cece 2017-2275 Case Opened: May 13. 201 3:02 PM O?onae: Homicide: a. Nonnegiigent Manslaughter Victim: Rhoden Witnesses: None Suspects: None an. H1 as 0.1.1- m?u a. may?. H?lbni ?an m? M1 .. .. a? Scene I: Seene1 012 Address: 6051 Camp Lueasviile. OH. United-States Evidente Item' 5.1 Location From item 5 Room A Collected By Datommo SA Perry May 13. 2017 . Roeser 4:44 PM SA'Peny May 13. 2017 Reeser 4:00 PM SA Perry May 13.2017 Roeser 4:44 PM SA Perry May13.'201 Reeser 3:59 PM SA Pony 13. 20.17 Reeser '44 PM SA Perry 13. 201. . PM 8 From item '6 Room A From item 7 Room A From item 8 Room A SA Perry May 13. 201 13.201 :15 PM Pony Reeser SA Perry Roeser May 13. 2017 4:44 PM f/J/7 Date I Released By Released To Page: oi"? COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER Pl COUNTY EVIDENCE LOG 0R CASE #2017-2275 Agency: Ohio" BCII Prepared by: SA Bryan Date or report: May 16. 201 All times are-offset by: :00 Case 5: 2017-2275 Case Opened: May 13. 201 Offense: Homicide: Rhoden Witnesses: None Suspects: None 3102 PM 8. Nonnegligent Manslaughter Scene 3: Scene 1 012 Address: '6851 cam OH, States Evidence 1! Item 10 Location Collected By Deteffin're 311 Perry May 13. 201? Roeser :13 PM Room A From item 10 Room A SA Perry Roeser Pen? May 13. 201? 4:44 PM May 13. 2017 PM From item a! 11 Room A Perry Perry Roeser ay 13._ 2017 :44 PM 13. 2017 PM From item 1" 12 Room A SA Perry Roeser SA Perry Roeser SA Perry Roeser SA Perry 13May 13. 201 From item 13 Room A 774% Date . Relea'seld By DatelTirne Page a or? COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER IE 0 CL EXHIBIT MN -.- EVIDENCE LOG OR CASE #2017-2275 Agency: Ohio BCI Prepared by: SA Bryan Date of report: May 16. 2017 0:31 AM All times are 01190! by: GMT :00 Case 15: 2017-2275 Case Opened: May 13. 201 Offense: Homicide: Victim: Rheden Witnesses: None Suspects: None 3:02 PM 8. Nenneglig?ent Manslaughter Scene Scene1 of 2 Address: 6851 Camp Lucasville. OH. United States Evidence 1! Item 14.1 Location Fran] iiem 3?1 14 Room A Collected By. DetolTlme SA Perry May 13. 2017 Reesar 4:44 PM SA- Perry May 13. 2017 Reeser 3:13 PM SA Perry May 13. 2017 Roeser 4:44 PM SA Perry May 13. 2017 Reeser 3:13 PM SA Perry May 13. 201 Roeser :44 PM SA Party May 13. 201 Roeser 3:13 PM 15 From item 15 Room A From item 1: 16 Room A From i?m 3 17 Room A 13. 2017 :44 PM May 13. 2017 13PM SA Perryr Reeser SA Pen?y Roeser From Item 8 18 Room A SA Perry Roeser SA Parry Roeser 13. 2017 '44 PM M3313. 201 3:13 PM f7 7 Date Released By Released To DateJTIme Paee4ef7 COMMON PLEAS COURT MAR 1 5 2019 EXHIBIT JUSTIN P. BREWSTER NTY EVIDENCE LOG OR CASE #201 7-2275 Agency: Ohio BCI Preparedby: SA Bryan Date 9f reborn M8915. 2017 All times areoffset by: GMT :00 Case 2017-2275 (3an Opened: May 13. 201 Offense: Homicide: Victim: Rhoden Witnesses: None Suspects: None 3:02 PM Nennegligent Manslaughter - w-w-u. .. a ., In Scene 11: Scene 1 of 2 Address: 6851 Camp Lucasville. United States Evidence 1! Item 19.1 Location From item a 19 Room A Collected By Datei'l'irno SA Perry Mey13.2017 Reeser 4:44 PM SA Perry May 13. 2017 Reeser 3:13 PM SA Pen-y May13. 201? Reese: 4:44 PM SA Perry May 13. 2017 Reeser 3:36 PM SA Perry May 13,2017- Roe_ser 3:36 PM SA Perry 13. 2017 Roeser 3:13 PM 20 From item 4 20 Room A From item 2.1 Room A 13. 201 :44 PM 13. 2017 13 PM 13. 201 13 PM '13. 2017 4:54 PM From item a 22 Room SA Perry Reeser SA Pen)! Roeser SA Perry Roeser SA Pem'j Room Room M7 .5374/5? sun-um. tum-w Released To Released By Datum rue COMMON PLEAS COURT MAR 15 2019 Page 5 of? EXHIBIT JUSTIN P. BREWSTER OU LE EVIDENCE LOG CASE #2017-2275 Agency: Ohio Pr?parod by: SA Bryan Whit-L) Date of report: Mayr 16. All times are'offsat by: GMT 04:00 Case #2 2017-2275 Cass Opened: May 13. 2017 3:02 PM Offense: Homicide: ML rder 8. Nonnegligent Manslaughter Victim: Rhoden Fam Witnesses: Nana Suspects: None Scene 9: Scene 1 012 scene-s Address: 6851 Camp Creek. United States EuldanEo Location Chllactad?By [1319me 26 . Room SA Perry May13..2017 Roeser 5:13 PM 26.1 Roomo mew 13.2017 Roeser 5:18 PM 2? Pap?r Bag cantair Eng: Quantity: 1: Description: Tactical vest-carrier with metal-plates: Room SA Perry May 13. 2017 . Rqeser 5:24 PM 28 Paper Bag contair ihg: Quantity: 1: Description: Bullet proof vest with earlier; Room SA Pen'y May 13. 2017 Roeser 5:24 PM 29 Room SA Perry May 13. 2017 - Roaster 5:30 PM 30 1 Room 0 sh Perry May 13. 2017 I M, Roeser 5:30 PM 31 .1 Room 313. Perry May 13. 2017 . Roeser 5:34 PM 32 RoomD SAPeny May13.2017 Roeser? 5:59 PM . 72:74:? (/xJ/n gnaturJ Date I I Item Released By Rataasad To' Datamm 25 3 a .91.. .6ch QEM {Ag/27 I a I- I 89? COMMON PLEAS COURT EXHIBIT MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EVIDENCE LOG FOR CASE #2017?2275 Agency: Ohio BCI Prepared by: SA Bryan Whitel Date of report: May 15.201? 10:31 AM All times areoffsel by: GMT 04:00 Case 2017-2275 Case Opened: May 13. 201? 3:02 PM Offense: Homicide: ML ne'er 8. NennegligentManslaughter Victim: Rhoden Famly Witnesses: None Suspects: None Scene 15: Scene 2 012 scenes Address: 6851 Camp Creek Road. Lucaaville . OH. United States Evidence Locatlon Collected By Dinerm-ne 1 7 Ne?'to building #1 SSA-Bryan May 13. 2017 . White 5:54 PM 2 9 Next to building SABryan May 13. 2017 #12 White 5:56 PM a wentobummg saswan Manama . #12 Imus 5:57 PM Date I Item ?aleasedBL Released To Dew-Time 54w Pago7of1? I I I COMMON PLEAS COURT MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT 3 Fl COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER i PIKE COUNTY CLERK I COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT 4 Page 1 Dear Fredericka Wagner. Thank you for contacting PayPal Customer Support My name is Jhoanie and I am happy to assist you. Dear Fredericka Wagner, You've sent a payment of to Mark Hill Receipt number: 0218-4453-4940-6269 Payment details Total SD Invoice number Transaction lD 9E1 1OBQBY729004P Product Pocket Shot Stealth. catapult. slingshot. bushcra?. description survival. preparedness Payment Sent 05/072016 Payment Type Goods Fredericka Wagner PO BOX 845 Ship to Piketon, OH 45661 USA COMMON PLEAS COURT MAR 15 2019 JUSTIN P. PIKE COUNTY CLERK: EXHIBIT . r. .L . (description) Gleam [?lm-m suze' f2? X13 ?aymen?Se-nt) (0570772036) emu?) Dear Fredericka Wagner. You've sent a payment of $164.99 USD to Daan Industries. Inc Receipt number: 4708-3201-8389-2826 Payment details Total Invoice number Transaction ID Product description Payment Sent Payment Type Ship to $164.99 USD NIA 0UA27101UD4465042 Mens Scully Leather Western wear Black Suede Leather Jacket Fringe Bead Bones [Suede Leather,4XL - For Chest 50? 051072016 Goods Fredericka Wagner PO BOX 845 Piketon. OH 45661 USA . COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER COUNTY CLERK Page 3 lama. 950:1] (Paymeniisien? (55707720113) Dear-Fredericka Wagner. You've sent a payment of $249.00 USD to MotoworldRacing.oom Receipt number: 4624-5317-3762-0015 Payment details Total $249.00 USD Invoice IA number Transaction ID 6L02761608655053V NEW BELL ROUGE MATTE BLACK HALF Product description HELMET STREET BIKE ALL SIZES DOT Payment Sent Payment Type Goods COMMON PLEAS COURT Fredericka Wagner MAR 15 2019 PO BOX 845 Ship to . JUSTIN P. BREWSTER Eggton- 0? 45661 PIKE COUNTY CLERK EXHIBIT EXHIBIT 5 COMMON PLEAS COURT MAR 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK Spartan ArmorICondor MOPC Plate Carrier and Spartan? Omega? ARSOO Body Armor Platform Questions? Give us a Call: 520 396-3335 tel:520-396-3335 $111201?! BDUY ARMUR REVIEWSI JIRMUR BLUBI FAQ CONTACT SPARTAN ARMDR SYSTEMS 13333 TEN- WHA-aris MUM REVIEWS Home I Armor Packages! Spartan ArmurICundar MDPC Plate Carrier And Spartan? Omega? AREUD Body Armor Platform Fl COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT 2l11f2019 ARSOO-body-armor?MO 0091 .1 52131343863300.900ij (9001900) Fl COMMON PLEAS COURT MAR 15 2019 EXHIBIT JUSTIN P. BREWSTER PIKE COUNTY CLERK 21115019 Spartan ArmorICondor MOPC Plate Carrier and Spartan? Omegam ARSOD Body Armor Platform REVIEWS ?9 9 ME SPARTAN ARMDRICDNEIEIR MDPC PLATE CARRIER AND EDDY ARMIJR PLATFORM 221 Reviews Question st 2 Answers When purchasing lhis package you will receive: (1) Condor MOPC Plate Carrier (Black. Coyote Brown, OD Green. Multi-Cam) (2) 10x12 Shooters Cut Spartan? Omega ARSOO Body Armor ChesUBack Plates. Single Curve. Base Coat (2) 6x6 Spartan? Omega ARSDO Body Armor Side Plates. Curved. Base Coat You have the choice of 6x8 side plates. upgrade to Advanced Triple CurvedTM and upgrade to full coat for fragmentation mitigation on the package. COMMON PLEAS COURT MAR 5 2019 JUSTIN BREWS - PIKE COUNTY EXHIBIT EXHIBIT 6 COMMON PLEAS COURT MAR 1 5 201g JUSTIN P. BREWSTER COMMON PLEAS COURT EXHIBIT MAR 15 2019 JUSTIN P. BREWSTER ll A. I. 8, 9 EXHIBIT COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK Tucson, AZ 85} SPARTAN ARMIJR 5 Part No: SAS-ARSOO-FC-1 0 12 Date of Mfg: W2912016 Lot No: . 62005.25 Threat Level: 3 . Dept Issuance" Date: Man ufactu rer?s Declared Limited Warranty Period 5 Years This model 'ofarmor'was independent? tested atan NIJ-accredited laborabry 'm accordance with The Target Man's testing protocols against the threat level listed above (p?er NIJ 01 01.06 probes!) WARNING This insert is rat?d ONLY for the ballistic threat leve nrovide? protection against sharp-edged or pointed . . lstated above. It? .- Spartan Armor Syste 2440 N. Coyote Dr., Suie Spartan Armor Systems 2440 N. Coyote Suite 130 Tucson. AZ 85745 SPARTAN ARMIJR Part No: 0 12 Date of Mfg: 74*? . Lo! No: 6200525 E57 . 3 . Level: 3 - - 3; . msuance Date. . l" :?yMaI-quacturer?s Declared Limited Warranty Period .5 Years This model of annor Was inde'penden?y tested at an NlJowedited laboratory in accordance 95?] The TargetMan?stos?ngprotocols mreatlevel listed above (per promo!) WARNING This insert is rabd ONLY tor the balis?c threat love! stated above. it is not intended to provide pmtewon against warp-edged or pointed Objeds. Use in any manner other than the intended purpose asa Bal?s?c hsertwiIl-mid warranty. Do not use thi?'plate in! has been dropp?d, delamina?d or shows any other physical change Refer to other important use and warning notices. Faiiure to do a: may [9503 in serious injury or death. . .- I fr - the USA. COMMON PLEAS COURT MAR 1 5 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT Mika?hzhafhh D=?k0Lul 71.3. 32Fly: IItHhHIl-lclul .. Iw ta. oozzoz ooE? New E32 3 wmm?mqmm Exm ooczi Ormwx EXHIBIT 7 I COMMON PLEAS COURT MAR 15 2019 - JUSTIN P. BREWSTER PIKE COUNTY CLERK I I 1 COMMON PLEAS COURT EXHIBIT MAR 1 5 7.019 7 COUNTY CLERK :Hw- PERSONAL BODY ARMOR MODEL: IVIOTY Y-eal oi manufacture: 2012 BALLISTIC RESISTANCE TABLE Accerdina NU 0101.04 STD AMMUNTION BULLET WEIGHT VELOCITY LEVEL Caliber/Bullet type Gra ms m/s 4.4 Mag. SJHP 240 436 9 mm FMJ RN 124 436 THE VEST PARTS WHICH ARE COVERD BY PLATES PROTECTION LEVEL: This Garment is Rated ONLY for the Ballistic Threat LeveIIStated Above. It is NOT Intended t6 Protect Against I Sharp Edged or Panted Instuinents. CARE AND CLEANING INSTRUCTION .: 1. 2. CLEAN THE BALLISTIC PANELS WITH A DAMP BRUSH. 2.1 DO NOT USE ANY DETERGENTS A r? .5. GARMENT CAN BE CLEANED BY ANY CONVENTIONAL METHODS. WEAR THIS SIDE TO BE WORN AGAINST 130mm: LL: XXL- I COMMON PLEAS 0 MAR 15 2019 DIKE CO . . Jew ?ran- I .. -I- nil-4h. 1. . 4? - ?lthgumwmt-WW? .. REMOVE THE BALLISTIC PANELS BEFORE CLEANING THE GARMENT. REW STER JUSTIN CLERK 54': f. xmmjo b.2300 mv:n_ mmeZEEm 2:52. khan?IVAN mH ~22 .EDOO xmmjo E238 NEE 2.52 98 ~22 E38 9min. 29228 A u. {414; Indu?x?A?? ?13 i 13"! . ruuayk? -m?DF-upgf; HAGOR INDUSTRIES MILITARY EQUIPMENT MANUFACTURING TEL: Len-319243990 FAX: (972-3) 9243996 MADE IN ISRAEL PERSONAL BODY ARMOR c1- . .. 1 L. o? Elf-""3; PLATES PROTECTION LEVEL: im Year of manufacture: 2012 A A f4 RESISTANCE TABLE {t . A According 0101.04 STD THREAT AMMUNTION BULLET WEIGHT VELOCITY A. 23%! Caliber/BulIetitype Grems m/s_ 3 44 Mag] IISJHP 436124 436 ii? THE VEST PARTS WHICH?t?a??g?r?fu . A "ATThis Ggrm?ent is Rated ONLY for the Ballistic Threat Level Stated Above. It is NOT Intended to Protect Against Sharp Edged 0r= Painted InStume'nt'tin-Fl? ?tl-Mi?arvuwCARE-1 AND CLEANING INSTRUCTION . REMOVE THE- BALLISTIC. PANELS BEFORE CLEANING THE GARMENT. 2 ELEAN THE BALLISTICPANELS WITH A DAMP BRUSH. 2 :00 NOT USEANYDETERGENTS ARMENT CAN EIE CLEANED BY ANY CONVENTIONAL METHODS mt WE AR ILCE AA- DES TO BE A ORN AGAINST gar". I. r" I: aWuF" mm? 1? . At: TAIL I COMMON PLEAS COURT MAR 15 2019 JUSTIN BREWSTER DIKF COUNTY CLERK SJ EXHIBIT 7 EXHIBIT 8 I - COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK 819nm Inulilrl Ilu? ebay . Mllnutlw i; In hum" mud I Ilsln-I Isl I nlnuulyl 1m? Wan umlml luv Inllur Illa II: lmluur Haw lulu-all Maw lulltul'f Mm: llu?ultu?nld' VIM Iml 5'71. I all? I In?! Ilul?ul-l ?nnruh far '4 Ilunlmu 'r Ilulwmm [any Mum: Nuw I 1 I huh] l'mm. US $320.99 ?mumrmlulul?; mm l'uu.lnm: U5 Eur: 43.13: Slnnunnl [mm US 52212153.: llum Ira .tlmu Ind hm. Ilrl'uzl l'mhlu ?umI-muu w. - [)Iilivury: tluyn Linn-awn: magnum-nun l'ilylunnln: PayPall hilly. In lump .m lull-.1? . a um? m: u: I.-.- 1i .1. ut-nvl nl 1m l-Jolu-l n-lhf :1 ?ml 1- uh,- urn-II m} I Lilo Iml'lu [null nu unl ull um I'ul Him-J1; lull)- "m . pl 5? .Ilm . I Him mu Ia! I unha- mlmna. pays mlum pnstago Eun?clulla My ell-s; Id] Chmumluu '7 Sailor carom-brands {1102 ?v 100% Poni?w Search Now lnrnoll Moly Body Armor Bulletproof Vast NIJ size ZXL Saw: this zulltr Sm: ulnar items .uu[-Ihu? .- ,um ll'l Mr} mm! m'h If .Iau-c t'l- Ila .u .. a l-l Iliu lull II lulu In I I .II-ul II I I I'd Irvin I-mlt lulm -t-o:1L' .urJ .I. Luann her-m dun: ull' 1- ?Illa ?5 I I hill-l {Maw olmy luau?! Izmumm I ?1 FILED COMMON PLEAS COURT MAR 15 2019 JUSTIN P. BREWSTER PIKE COUNTY CLERK EXHIBIT warms arm; IE Ilnm I?merm He?o. Sign In angina Self Help 8 Conlacl an?, 33:23}; Search for anything NI Cnl'uq'uim'. .. Purchase History [lam number: 151270307788 5 New Israeli Moly Concealablo Body Armor Builolnroof VanOuanlily: 1 Available 9 User to Price Dali: of pmzham 1mg: us $329.99 1 07-May-13} slur-:5 n31" Ma?ay News Community Safety Cenha Rosalubon Cantu! Sunananu'o Pawn ?cigar/mu She Map COMMON PLEAS COURT MAR 15 2019 USTIN P. BREWSTER I TY 9 LE EXHIBIT