More Inmate Affidavits

IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 13
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant


AFFIDAVIT OF EDWARD SMITH
State of Ohio
County of Warren

I, Edward Smith, being duly sworn according to law as follows:

1. I am currently incarcerated at Warren Correctional Institution, inmate 346-408. I have been here since June 11, 1998.
2. Wagner used to be my cellmate, but I asked for him to be removed because he smoked and I don't like smoke.
3. The inmates and guards knew about Wagner's crime and Wagner would talk about it.
4.Wagner would sell himself to other inmates for only a couple of cigarettes. When I asked why he belittled himself like that he said he couldn't get things other ways because he was a child molestor.
5. In all of my time in prison I have never seen an inmate behave like Wagner and be taken such advantage of by other inmates.
6. I told the guards Wagner shouldn't cell with anyone because he was treated so badly, and because he wasn't smart.
7. If someone celled with Wagner, the other inmates assumed that cellmate was having sex with Wagner.
8. On the day Wagner was killed I was in the protective custody unit, cell 123
9. Then Guard Miller bought Wagner into the unit telling us he was to be put there, and no one wanted to cell with him.
10. Later Sgt Gross came back and said You will cell with whoever we decide to put in your cell.
11. Hancock told Miller he did not want Wagner in his cell. They put Wagner in his cell anyway.
12. The next think I heard from Hancock was when he yelled to BJ "You don't have to worry about this cocksucker anymore because he is dead".
13. Later I heard Miller say that state didn't need to worry about Wagner anymore.
14. I did not know Hancock well and only had a few brief conversations with him before this happened.
15. I spoke to the prosecutors before Tim's trial, but was not called as a witness.
16. I was never contacted by Tim's trial attorneys and didn't know they had me listed as a possible defense witness.
17. I would have testified if asked as to my knowledge of these events.
Further Affiant Sayeth naught

Signed Edward Smith
17 June 2004
Sworn to and subscribed before me this the 17th day of June 2004
Wendi L Dotson, Attorney at Law
Notary Public, State of Ohio
My commission has no expiration date.


IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 13
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant


AFFIDAVIT OF DAVID M MCLOUGHLIN
State of Ohio
County of Lucas

I, David M McLoughlin, being duly sworn according to law as follows:

1. I am currently incarcerated at Toledo Correctional Institution, inmate 189-689.
2. I was housed at Warren Correctional Institution from 1997 until 2003.
3. I knew Tim Hancock from when he was housed at WCI around 1997-1999. I never celled with Tim, but we were housed on the same unit area. Tim didn't bother anyone and I never had any problems with him.
4. I didn't know Jason Wagner, I had celled with him for around 2-3 days in 2000, and I made him stay on his own side of the cell and we didn't and we didn't talk.
5. Wagner wasn't very smart, and functioned like a five or six year old. He would do what other inmates told him to do.
6. On the day of the crime, I was being housed in A side of the PC unit.
7. When the PC/Seg was full they would house inmates in RTU or the Main Segregation area.
8. It was common knowledge among the inmates and the guards what Wagner was in prison for.
9. On the afternoon of Nov 13 2000, between lunch and dinner, I was being moved through the middle area. I could hear Tim yelling that he didn't want Wagner placed in his cell and that he would kill Wagner if he was. Then I heard a guard yell, "he's going in there, deal with it."
10. I didn't know about the crime until the middle of the night when the coroner came into the unit.
11. the staff on that unit seemed uptight afterwards because they knew they had made a mistake placing Wagner in Tim's cell.
12. I gave a statement to the Highway Patrol but was never asked to talk to the prosecutors or Tim's trial attorneys.
13. If asked, I would have testified to my knowledge of these events.
Further Affiant sayeth naught
Signed David M McCloughlin
22 June 2004
Sworn to and subscribed before me this the 22nd day of June 2004
Wendi L Dotson, Attorney at Law
Notary Public, State of Ohio
My commission has no expiration date.


IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 13
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant


AFFIDAVIT OF JACK E COVERT
State of Ohio
County of Lucas

I, Jack E Covert, being duly sworn according to law as follows:

1. I am currently incarcerated at Toledo Correctional Institution, inmate 267-191.
2. I was housed at Warren Correctional Institution from 1993 until 1997 and then again from about 1999-2001.
3. I was celled with Tim Hancock for about 7 months in 1994-1995. I didn't have any problems with Tim.
4. I was celled with Jason Wagner in 2000 for about 1 week. Wagner would talk about his crime a lot. He would smile and say he got away with it. This made me mad and I told them to take Wagner out of my cell. They took Wagner out of my cell.
5. On November 13 2000, I was in the cell next to Tim on the PC/Seg Unit.
6. when the guards told Tim they were bringing Wagner back and Tim said no, there would be problems if they did.
7. They took Wagner back to his cell, then a short time later, Capt Dane and Sgt Gross and Officer Miller brought Wagner back and told Tim "we're moving him in here, deal with it" Tim told them not to put Wagner in there.
8. Before they moved Wagner into the cell, Tim told them to get a nurse and Tim talked to a psych nurse.
9.I didn't hear anything until Tim called me and told me to throw my line. He attached coffee to my line. I asked what he was doing and he said I killed that bitch.
10. I called Red back to our cells and Red yelled when he looked in Tim's cell and ran back to the desk.
11. i gave a statement to the Highway Patrol about what happened.
12. After I talked to the police, the guards harassed me for making my statement. I complained to Shirley Pope about my treatment but nothing happened to stop the harassment.
13. I wanted out of Warren because of this harassment so I kicked off my sink so I would be placed on administrative control. They moved me to SOCF after that.
14. I was never asked to talk to the prosecutor or Tim's trial attorneys.
15. I would have testified if asked about my knowledge of these events.
16. The RTU unit was used for segregation when they had no room on PC/Seg unit.

Further Affiant sayeth naught.
Signed Jack Covert # 267-191
June 22 2004
Sworn to and subscribed before me this the 22nd day of June 2004
Wendi L Dotson, Attorney at Law
Notary Public, State of Ohio
My commission has no expiration date.