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.
Sunday, November 27, 2005
OHIO STATE HIGHWAY REPORT OF INVESTIGATION
OHIO STATE HIGHWAY REPORT OF INVESTIGATION
(NEW DRAFT)
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject. 110-Homicide: Warren Correctional Institution (inmate on inmate)
11-14-2000
0030 Hours
I was paged at my home to call Post#83, Lebanon. Dispatcher Travis informed me that there had been a homicide at Warren Correctional Institution (WCI) and I needed to respond for investigation.
0127 Hours
I arrived at WCI and was escorted back to Unit 1A. I was informed of the following time line prior to my arrival:
23.57hrs 11/13/00 C/O Kohlhurst, unit 1A discovered victim unresponsive and bound in his bunk in cell #127
0001hrs WCI notified Ohio State Patrol (OSP)
0007hrs Warden Brigano was notified
0010 hrs Trooper Waulk (U-1014, P-83) first OSP unit on scene
0025hrs Sgt Adams (U 310,P 83)first OSP supervisor on scene
0040hrs Dr Young County Coroner was contacted
0105hrs LT Hale U 99,P 31 and Trooper Slusher U 1583,P31 arrived at scene.
0115 hrs Dr Young arrived at scene
0127hrs victim pronounced dead by Dr Young
When I arrived at cell #127. the victims body was still bound to the upper bunk. Trooper Slusher and Prison Investigator Mark Stegemoller took photographs while I initiated an Investigative Field Sketch of the cell. The victim’s body was face up towards the ceiling with the head at the end of the bunk closest to the door. The victim’s body was bound in a 4 point restraint. The binding material was torn pieces of cloth that appeared to be from a bed sheet. The material that bound the hands ran from the right wrist into a hole under the bunk, across the bottom of the bunk under the mattress and through another hole, and then to the victim’s left wrist.
The material that bound the feet was applied the same way- it ran from the right ankle into a hole under the bunk, across the bottom of the bunk under the mattress and through another hole, and then to the victims left ankle. Strips of cloth were also around the victim’s neck, with knots tied and positioned over his Adam’s apple. There were two lines of straight line bruising on the victim’s head that appeared to be the same distance apart as the metal bars of the head of the bunk. There was also an obvious narrow line of bruising on each side of the victim’s neck.
The cause of death appeared to have been strangulation.
There was a pillow and a towel lying next to the victim. Two blankets were also draped over the mid section of the victim’s body. It is unknown if any of the items were used in the commission of the crime. Other miscellaneous items in the cell are documented in the Investigative Field Sketch.
Two items in the cell appeared to have importance in the investigation.
The most important was the laundry bag located under the bottom bunk. It was a white mesh bag containing dirty laundry and a torn bed sheet. The sheet appeared to be the one that the strips were torn from and used to bind and strangle the victim. The torn edges on the sheet were frayed the same as the strips of cloth, and the color appeared the same off white with a yellowish cast to it. The other bed sheets in the cell were all whiter than the one found in the laundry bag.
The second item of importance was the garbage bag hung in the corner of the cell. The garbage bag contained a sealed kite that was dated 11-10-00 addressed to Major Mockabee. It was from the suspect and was apparently never sent. The bag also contained what appeared to be a score sheet (which was later found to be from a card game played by the victim and suspect)
While Trooper Slusher and I performed the investigation of the cell, SGT Adams and Trooper Waulk conducted interviews with the other inmates housed on 1A in the Protective Custody Segregation Cell Locations.
0251 Hours WCI made notification to the victim’s next of kin. An Aunt of the victim.
0315 Hours (0312 hours per the WCI Disposition of the Body/Certificate of Removal Form), the victims body was released to Jim Hoskins from Oswald Hoskins Funeral Home.
0330 Hours. The suspect, Timothy Hancock, was treated at the WCI infirmary for an injury to his right hand. The suspect claimed that his injury was sustained from hitting the victim. The injury was a swollen right hand with tenderness over the 5th metacarpal. The nurse’s assessment was that the suspect had a possible fracture of the 5th metacarpal. A splint with an ace wrap was applied to his right hand. The suspect remained on the medical ward.
0345 Hours. Trooper Slusher and I interviewed the suspect, Timothy Hancock. Before taking his statement, the suspect was read and shown the HP-70G (Constitutional Rights Waiver). Mr Hancock stated that he understood his rights and signed the waiver form. The suspect’s highest completion of education is a 12th Grade GED (Graduate Equivalent Diploma)
The suspect was also informed that his statement was being tape recorded, including his waiving of his Constitutional Rights. He was very calm and cooperative, and gave a detailed statement, confessing the murder of Jason Wagner. Mr Hancock admitted that he had strangled the victim to death after tying him in a 4 point restraint. He stated that he strangled the victim using strips of the bed sheet wrapped around the victim’s neck, adding knots to the area of the Adam’s Apple to add extra pressure. The suspect described how he sat on the floor at the head of the bunk, pulling down on the lengths of cloth in order to apply the pressure needed to strangle the victim. The suspect also added that he had put the bed sheet that he had torn the strips of cloth from into the laundry bag under the bunk. (Please refer to the transcription of Tape #1 for further details)
0450 Hours SGT Gary Lewis, Public Information Officer for the Ohio State Patrol, was contacted to prepare a press release about the incident.
0507 Hours WCI made notification to the victim’s grandmother at the Riverside Hospital in Columbus Ohio.
0600 Hours I attended the out brief that Warden Brigano gave to the night shift staff prior to their departure from WCI
0815 Hours I relayed all rolls of film and the computer disc from the digital camera to Lt Hale (U-99) who, in turn, hand delivered the items to Major M. E. Quinn (U-811) for direct transport to the OSP General Headquarters Photo Lab.
0830 Hours While en route to the Montgomery County Morgue to view the autopsy, I called the Warren County Prosecutor’s Office to inform them of the nights events at WCI. I was referred too Assistant Prosecutor Scott Male. Scott advised me to contact him again after the autopsy.
0900 Hours I observed the autopsy of the victims body performed at the Montgomery County Morgue by Dr Kent E Harshbarger. The autopsy confirmed that the cause of death was strangulation. During the autopsy, the victim was checked for any evidence of sexual activity: there was none. Bruising to the neck and facial area was also noted by the Deputy Coroner, which confirmed the suspects claim that he struck the victim several times with his right hand and forearm.
1300 Hours I called the Warren County Assistant Prosecutor, Scott Male, for his advice on filing charges against the suspect, Timothy Hancock. The prosecutor advised me that since the suspect is already incarcerated and obviously not at any risk of fleeing anywhere, he did not want to rush anything. He advised me to get everything together, including all photo’s and transcripts of the interviews with the suspect, and then we would present it directly to the Grand Jury for Indictment.
11-17 2000
1315 hours Sgt Ertel (U49, P31) and I interviewed the suspect again at the suspects request at Lebanon Correctional Institution, he was transferred LCI from WCI for protective purposes. The suspect had additional information for us. The suspect was again informed of his Constitutional Rights and was read and shown the HP-70G Constitutional Rights Waiver. Mr Hancock stated that he understood his rights and signed another waiver form. The suspect was also informed that his statement was being tape recorded. Mr Hancock stated that he had tricked the victim into letting him put the victim in the 4 point restraints. He stated that he had told the victim that he wanted to be transferred to another institution, and wanted to stage a fake hostage situation. The victim volunteered to be his hostage victim, and even helped the suspect tear the strips of cloth off of the bed sheet used for the restraints. The victim voluntarily laid in the upper bunk and allowed the suspect to restrain his hands and feet. Mr Hancock added that when he started to put the strips of cloth round the victim’s neck, the victim stated, “Oh shit! You’re going to kill me aren’t you?” The suspect then told the victim that he had tricked him like he had tricked the little girl, and began to apply pressure round the victim’s neck. Mr Hancock stated that the victim never had a chance to scream or yell for help. In his statement, the suspect stated that he had “executed” the victim for what he did to the little girl. When asked how long he had thought about killing Jason Wagner before he strangled him, the suspect replied, “about 4 or 5 hours.” (please refer to the transcription of tape #2 for further details)
(NEW DRAFT)
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject. 110-Homicide: Warren Correctional Institution (inmate on inmate)
11-14-2000
0030 Hours
I was paged at my home to call Post#83, Lebanon. Dispatcher Travis informed me that there had been a homicide at Warren Correctional Institution (WCI) and I needed to respond for investigation.
0127 Hours
I arrived at WCI and was escorted back to Unit 1A. I was informed of the following time line prior to my arrival:
23.57hrs 11/13/00 C/O Kohlhurst, unit 1A discovered victim unresponsive and bound in his bunk in cell #127
0001hrs WCI notified Ohio State Patrol (OSP)
0007hrs Warden Brigano was notified
0010 hrs Trooper Waulk (U-1014, P-83) first OSP unit on scene
0025hrs Sgt Adams (U 310,P 83)first OSP supervisor on scene
0040hrs Dr Young County Coroner was contacted
0105hrs LT Hale U 99,P 31 and Trooper Slusher U 1583,P31 arrived at scene.
0115 hrs Dr Young arrived at scene
0127hrs victim pronounced dead by Dr Young
When I arrived at cell #127. the victims body was still bound to the upper bunk. Trooper Slusher and Prison Investigator Mark Stegemoller took photographs while I initiated an Investigative Field Sketch of the cell. The victim’s body was face up towards the ceiling with the head at the end of the bunk closest to the door. The victim’s body was bound in a 4 point restraint. The binding material was torn pieces of cloth that appeared to be from a bed sheet. The material that bound the hands ran from the right wrist into a hole under the bunk, across the bottom of the bunk under the mattress and through another hole, and then to the victim’s left wrist.
The material that bound the feet was applied the same way- it ran from the right ankle into a hole under the bunk, across the bottom of the bunk under the mattress and through another hole, and then to the victims left ankle. Strips of cloth were also around the victim’s neck, with knots tied and positioned over his Adam’s apple. There were two lines of straight line bruising on the victim’s head that appeared to be the same distance apart as the metal bars of the head of the bunk. There was also an obvious narrow line of bruising on each side of the victim’s neck.
The cause of death appeared to have been strangulation.
There was a pillow and a towel lying next to the victim. Two blankets were also draped over the mid section of the victim’s body. It is unknown if any of the items were used in the commission of the crime. Other miscellaneous items in the cell are documented in the Investigative Field Sketch.
Two items in the cell appeared to have importance in the investigation.
The most important was the laundry bag located under the bottom bunk. It was a white mesh bag containing dirty laundry and a torn bed sheet. The sheet appeared to be the one that the strips were torn from and used to bind and strangle the victim. The torn edges on the sheet were frayed the same as the strips of cloth, and the color appeared the same off white with a yellowish cast to it. The other bed sheets in the cell were all whiter than the one found in the laundry bag.
The second item of importance was the garbage bag hung in the corner of the cell. The garbage bag contained a sealed kite that was dated 11-10-00 addressed to Major Mockabee. It was from the suspect and was apparently never sent. The bag also contained what appeared to be a score sheet (which was later found to be from a card game played by the victim and suspect)
While Trooper Slusher and I performed the investigation of the cell, SGT Adams and Trooper Waulk conducted interviews with the other inmates housed on 1A in the Protective Custody Segregation Cell Locations.
0251 Hours WCI made notification to the victim’s next of kin. An Aunt of the victim.
0315 Hours (0312 hours per the WCI Disposition of the Body/Certificate of Removal Form), the victims body was released to Jim Hoskins from Oswald Hoskins Funeral Home.
0330 Hours. The suspect, Timothy Hancock, was treated at the WCI infirmary for an injury to his right hand. The suspect claimed that his injury was sustained from hitting the victim. The injury was a swollen right hand with tenderness over the 5th metacarpal. The nurse’s assessment was that the suspect had a possible fracture of the 5th metacarpal. A splint with an ace wrap was applied to his right hand. The suspect remained on the medical ward.
0345 Hours. Trooper Slusher and I interviewed the suspect, Timothy Hancock. Before taking his statement, the suspect was read and shown the HP-70G (Constitutional Rights Waiver). Mr Hancock stated that he understood his rights and signed the waiver form. The suspect’s highest completion of education is a 12th Grade GED (Graduate Equivalent Diploma)
The suspect was also informed that his statement was being tape recorded, including his waiving of his Constitutional Rights. He was very calm and cooperative, and gave a detailed statement, confessing the murder of Jason Wagner. Mr Hancock admitted that he had strangled the victim to death after tying him in a 4 point restraint. He stated that he strangled the victim using strips of the bed sheet wrapped around the victim’s neck, adding knots to the area of the Adam’s Apple to add extra pressure. The suspect described how he sat on the floor at the head of the bunk, pulling down on the lengths of cloth in order to apply the pressure needed to strangle the victim. The suspect also added that he had put the bed sheet that he had torn the strips of cloth from into the laundry bag under the bunk. (Please refer to the transcription of Tape #1 for further details)
0450 Hours SGT Gary Lewis, Public Information Officer for the Ohio State Patrol, was contacted to prepare a press release about the incident.
0507 Hours WCI made notification to the victim’s grandmother at the Riverside Hospital in Columbus Ohio.
0600 Hours I attended the out brief that Warden Brigano gave to the night shift staff prior to their departure from WCI
0815 Hours I relayed all rolls of film and the computer disc from the digital camera to Lt Hale (U-99) who, in turn, hand delivered the items to Major M. E. Quinn (U-811) for direct transport to the OSP General Headquarters Photo Lab.
0830 Hours While en route to the Montgomery County Morgue to view the autopsy, I called the Warren County Prosecutor’s Office to inform them of the nights events at WCI. I was referred too Assistant Prosecutor Scott Male. Scott advised me to contact him again after the autopsy.
0900 Hours I observed the autopsy of the victims body performed at the Montgomery County Morgue by Dr Kent E Harshbarger. The autopsy confirmed that the cause of death was strangulation. During the autopsy, the victim was checked for any evidence of sexual activity: there was none. Bruising to the neck and facial area was also noted by the Deputy Coroner, which confirmed the suspects claim that he struck the victim several times with his right hand and forearm.
1300 Hours I called the Warren County Assistant Prosecutor, Scott Male, for his advice on filing charges against the suspect, Timothy Hancock. The prosecutor advised me that since the suspect is already incarcerated and obviously not at any risk of fleeing anywhere, he did not want to rush anything. He advised me to get everything together, including all photo’s and transcripts of the interviews with the suspect, and then we would present it directly to the Grand Jury for Indictment.
11-17 2000
1315 hours Sgt Ertel (U49, P31) and I interviewed the suspect again at the suspects request at Lebanon Correctional Institution, he was transferred LCI from WCI for protective purposes. The suspect had additional information for us. The suspect was again informed of his Constitutional Rights and was read and shown the HP-70G Constitutional Rights Waiver. Mr Hancock stated that he understood his rights and signed another waiver form. The suspect was also informed that his statement was being tape recorded. Mr Hancock stated that he had tricked the victim into letting him put the victim in the 4 point restraints. He stated that he had told the victim that he wanted to be transferred to another institution, and wanted to stage a fake hostage situation. The victim volunteered to be his hostage victim, and even helped the suspect tear the strips of cloth off of the bed sheet used for the restraints. The victim voluntarily laid in the upper bunk and allowed the suspect to restrain his hands and feet. Mr Hancock added that when he started to put the strips of cloth round the victim’s neck, the victim stated, “Oh shit! You’re going to kill me aren’t you?” The suspect then told the victim that he had tricked him like he had tricked the little girl, and began to apply pressure round the victim’s neck. Mr Hancock stated that the victim never had a chance to scream or yell for help. In his statement, the suspect stated that he had “executed” the victim for what he did to the little girl. When asked how long he had thought about killing Jason Wagner before he strangled him, the suspect replied, “about 4 or 5 hours.” (please refer to the transcription of tape #2 for further details)
Thursday, November 24, 2005
Introduction to Complicity to Murder
Introduction to Complicity to Murder
The pages you are about to view are not about invoking sympathy for convicted inmates.What this is about, is to show the truth and show what has happened in the State of Ohio's Prison System, and it continues to happen not only in Ohio but ALL over the US.People are sent to prison for various crimes, no one is denying that crime should be punished.Sometimes severely!!However, sentences are handed out by Judges not by Correctional Officers.Their job is to keep a prison secure and safe for inmates and staff alike.This did not happen in the Timothy Hancock and Jason Wagner cases.Correctional Institutions are supposed to be where prisoners are held safely and securely.Prison guards cannot be allowed to be judge, jury and executioner.Yet they where allowed to do so in this case. Why? Why do these guards and the State of Ohio go unpunished?I will be adding more information on a daily basis to this site about this case.
Read for yourself and write letters of protest to Attorney General Petro and Governor Bob Taft.
Write letters to your Senators and Politicians.
*********************************
Ohio Attorney General Jim Petro
State Office Tower
30 E. Broad Street
17th Floor
Columbus, OH
43215-3428
(614) 466-4320
contact form for Attorney General http://www.ag.state.oh.us/contact/contact.htm
*********
U.S. CONGRESS
Senator Mike Dewine
600 E. Superior Avenue
#2450Cleveland, OH
44114216-522-7272
http://dewine.senate.gov/request_form.htm
Senator George Voinovich
1240 E. 9th Street
#2955
Cleveland, OH 44199
216-5227095
http://voinovich.senate.gov/contact/index.htm
*********
OHIO GOVERNOR
Governor Bob Taf
t30th Floor
77 South High Street
Columbus, OH 43215-6117
614-466-3555
http://governor.ohio.gov/contactinfopage.asp
*********
ADDITIONAL INFORMATION:Look up your State of Ohio Representative(s):
http://www.house.state.oh.us/jsps/Representatives.jsp
*********
Look up your State of Ohio Senator:
http://www.senate.state.oh.us/senators/
*********
STOP COMPLICITY TO MURDER IN OHIO PETITION
http://www.gopetition.com/online/7582.html
JUSTICE FOR JOHN SPIRKO
http://www.johnspirko.com
KENNY RICHEY THE INNOCENT SCOT
http://www.kennyrichey.org
The pages you are about to view are not about invoking sympathy for convicted inmates.What this is about, is to show the truth and show what has happened in the State of Ohio's Prison System, and it continues to happen not only in Ohio but ALL over the US.People are sent to prison for various crimes, no one is denying that crime should be punished.Sometimes severely!!However, sentences are handed out by Judges not by Correctional Officers.Their job is to keep a prison secure and safe for inmates and staff alike.This did not happen in the Timothy Hancock and Jason Wagner cases.Correctional Institutions are supposed to be where prisoners are held safely and securely.Prison guards cannot be allowed to be judge, jury and executioner.Yet they where allowed to do so in this case. Why? Why do these guards and the State of Ohio go unpunished?I will be adding more information on a daily basis to this site about this case.
Read for yourself and write letters of protest to Attorney General Petro and Governor Bob Taft.
Write letters to your Senators and Politicians.
*********************************
Ohio Attorney General Jim Petro
State Office Tower
30 E. Broad Street
17th Floor
Columbus, OH
43215-3428
(614) 466-4320
contact form for Attorney General http://www.ag.state.oh.us/contact/contact.htm
*********
U.S. CONGRESS
Senator Mike Dewine
600 E. Superior Avenue
#2450Cleveland, OH
44114216-522-7272
http://dewine.senate.gov/request_form.htm
Senator George Voinovich
1240 E. 9th Street
#2955
Cleveland, OH 44199
216-5227095
http://voinovich.senate.gov/contact/index.htm
*********
OHIO GOVERNOR
Governor Bob Taf
t30th Floor
77 South High Street
Columbus, OH 43215-6117
614-466-3555
http://governor.ohio.gov/contactinfopage.asp
*********
ADDITIONAL INFORMATION:Look up your State of Ohio Representative(s):
http://www.house.state.oh.us/jsps/Representatives.jsp
*********
Look up your State of Ohio Senator:
http://www.senate.state.oh.us/senators/
*********
STOP COMPLICITY TO MURDER IN OHIO PETITION
http://www.gopetition.com/online/7582.html
JUSTICE FOR JOHN SPIRKO
http://www.johnspirko.com
KENNY RICHEY THE INNOCENT SCOT
http://www.kennyrichey.org
More inmate statements
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Franks 269 956
B= Bowman F= Franks =A =Adams
11/14/00 0305 Hrs
F. Probably cant tell you no more than anybody else. You know Wagner was my cellie in 136? In general PC. He came back here today and nobody wanted to cell with him. Everybody got asked. Miller came back there and him and BJ got into an argument. Timmy said he didn’t want him in there, then all the sudden he agreed to it. He more or less told BJ and could have stopped it I guess. After it was done the first person he hollered at was BJ
B What did he tell him?
F”I done it-I killed that baby raper” Its my understanding that BJ (Johnson) was on a walk and Timmy told him he was going to do it.
B Anything else you can share with us?
F That little girl got her justice is one way to look at it.
A How do you know he more or less told BJ?
F That’s what Johnson said. We’re all inmates, we aren’t here for telling the truth. Wagner is stupid-for real, the guy is an idiot. He was going to die anyway. He had sex with “Duck”, “Dark Skinned Duck” that you sent down to Lucasville and he’s got full blown AIDS.
0318 hrs Interview concluded.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Henderley 382068 cell 125
I want to get to Marion Correctional PC.
I’m from Lancaster, same place he’s from. (Wagner)
Wagner came to the hole on the first shift. They tried to put him with Jones, Smitty and Johnson and none of them wanted him.
He (Hancock) said he didn’t want a Cellie and he was under investigation per Mr Bowman.
They put him Wagner in a GP PC cell, then on second shift they put him in with Hancock.
I heard Hancock tell officer Miller, “Go ahead and put him in here.” I also heard inmate Johnson saying to Hancock , “No, no ,no”
We said what are you doing Timmy (Hancock)? He said I’ll get back with you later.
At about 11 o’clock Hancock yelled at us and said, “I killed him, that’s one less baby raper in the world.
I didn’t hear a struggle: it was quiet as can be. And he (Hancock) was as calm as could be.
Later Inmate Henderly sent a kite (request) to Mr Bowman the Deputy of Operations.
11/14/00
Mr Bowman
This is inmate Henderly. I talked to you last night about the murder of Jason Wagner. I told you I would testify, lie detectors the whole nine yards if you would get me transferred to Marion’s PC. Also I told you a couple of people wants to fight me. I have a bone missing out the left side of my temple. If I’m hit there I could die instantly. I have warned these unit staff about these problems and the laugh it off like its some kind of joke, that no one’s going to kill no one back here. Just goes to show you last night it can happen. I fear for my life if I go out of here. Because of certain reasons I do no want to explain in this kite. I would like to talk to you in person about these problems and what’s really going on back here in PC.
Thanks for your time and consideration
Henderly
PS You help me. I’ll help you.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Johnson #326 205
B= Bowman J=Johnson
11/14/00 0323 Hrs
J. Earlier today they tried to put Wagner in the hole. Jones, Smith, Hancock and myself said he ain’t coming in. That was before shift change. After shift change they came back in with Wagner and wanted to put him in with Hancock. Hancock said, “I ain’t allowed to have no cellie” Captain Dale called Rainey to the range and asked if Hancock could have a cellie. They put him in the cell and I told Capt Dane, “Please don’t put that dude in my cell” We all started kickin it then. I told Hancock he was wrong for taking him in. After we ate, Timmy called me over and said, “BJ don’t worry about it, I’m going to take care of it”. I took my shower at 6.00 and say Timmy and Wagner sitting on the bed playing cards. Timmy said, “I got me one” and gave a sign ShhhShhh. Then pill call came, then count time came. Then it got quiet. Then at 9.30-10.00 we started talking about the bible. Timmy started talking to Jones about the Bible then said, “Hold up Jones, I got to take care of something.” I started to doze off hearing Tony and Timmy talking. Then 3rd shift came and Red did his count. I heard Red say “Where’s Wagner?” and he must have waved or something. Then after mail I heard Timmy say, “We don’t have to worry about that dick sucker no more, I killed the bitch. That’s one less child molester”. That’s when I called Red and he seen Wagner was dead.
Red left the range and Timmy kept hitting Wagner.
B. Did you hear Hancock change his mind about Wagner coming in his cell?
J. Yeah. He said something about letting him in his cell. I told Timmy he hurt me because he let Dude in his cell.
B. Did he tell you what he was going to do?
J. No. He just said he was going to “take care of it”. I said, “I know you aint going to do what I think you’re going to do”.
B. What did you think he was going to do?
J. What he did. I told psyche that some little red people were chasing me after my shower. Sears came on the range and I told him he killed the little red people.
B. What happened the 3rd time you went to the cell?
J. I told Timmy “I ain’t going to fuck with you man”
B. Did you tell anybody that Timmy was planning to kill him?
J. No I didn’t tell nobody. It happened between 11 and 11.30 after Red brought the mail. Then Timmy said, “BJ I killed this bitch.” I yelled for Red and and said, “Dude just killed dude!” and told him to go into 127. I had said to Dane, “please don’t put that dude in that cell” before it happened.
B Did you overhear any conversation between Wagner and Red during mail pass out?
J No, can’t say I did. I was laying in bed. That’s exactly how it happened.
Interview concluded.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Jones A167316 cell 122
I don’t remember them trying to put somebody in my cell. They were just standing out there by my door.
I was reading the bible then I laid down. On third shift Harris (LT) talked to me because they thought something was wrong with me because I was speaking in tongues.
Some Psych nurser came in and talked to me at the door.
While they were debating where they were going to put him (Wagner) they had him in cell 136. He said he wanted to go in 122 my cell. They told him to move on down there to Hancock’s cell. I’m not sure who said it.
Hancock kept saying he didn’t want no cellie and to call Bowman.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Taylor 327215
Me and my cellie were sitting in the dayroom about 2.30pm and we heard Hancock tell the CO if you put him in here I’ll do something to him.
About 4.30pm Hancock yelled out to me to tell them to get him out or I’ll do something to him.
Before that time a white shirt came and put him in Hancocks cell. He had been in cell1 136 before. (Wagner)
Frank Hayden (Psych Nurse) talked to Hancock earlier in the day in Sgt Little’s office right before Wagner celled with him.
Last time Timmy was down here he was a bullshit talker.
Inmate Kidd 324990
Timmy yelled if they put Wagner in here he would hurt or kill him.
After chow he yelled again if they don’t get him out of here I’ll kill him.
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Franks 269 956
B= Bowman F= Franks =A =Adams
11/14/00 0305 Hrs
F. Probably cant tell you no more than anybody else. You know Wagner was my cellie in 136? In general PC. He came back here today and nobody wanted to cell with him. Everybody got asked. Miller came back there and him and BJ got into an argument. Timmy said he didn’t want him in there, then all the sudden he agreed to it. He more or less told BJ and could have stopped it I guess. After it was done the first person he hollered at was BJ
B What did he tell him?
F”I done it-I killed that baby raper” Its my understanding that BJ (Johnson) was on a walk and Timmy told him he was going to do it.
B Anything else you can share with us?
F That little girl got her justice is one way to look at it.
A How do you know he more or less told BJ?
F That’s what Johnson said. We’re all inmates, we aren’t here for telling the truth. Wagner is stupid-for real, the guy is an idiot. He was going to die anyway. He had sex with “Duck”, “Dark Skinned Duck” that you sent down to Lucasville and he’s got full blown AIDS.
0318 hrs Interview concluded.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Henderley 382068 cell 125
I want to get to Marion Correctional PC.
I’m from Lancaster, same place he’s from. (Wagner)
Wagner came to the hole on the first shift. They tried to put him with Jones, Smitty and Johnson and none of them wanted him.
He (Hancock) said he didn’t want a Cellie and he was under investigation per Mr Bowman.
They put him Wagner in a GP PC cell, then on second shift they put him in with Hancock.
I heard Hancock tell officer Miller, “Go ahead and put him in here.” I also heard inmate Johnson saying to Hancock , “No, no ,no”
We said what are you doing Timmy (Hancock)? He said I’ll get back with you later.
At about 11 o’clock Hancock yelled at us and said, “I killed him, that’s one less baby raper in the world.
I didn’t hear a struggle: it was quiet as can be. And he (Hancock) was as calm as could be.
Later Inmate Henderly sent a kite (request) to Mr Bowman the Deputy of Operations.
11/14/00
Mr Bowman
This is inmate Henderly. I talked to you last night about the murder of Jason Wagner. I told you I would testify, lie detectors the whole nine yards if you would get me transferred to Marion’s PC. Also I told you a couple of people wants to fight me. I have a bone missing out the left side of my temple. If I’m hit there I could die instantly. I have warned these unit staff about these problems and the laugh it off like its some kind of joke, that no one’s going to kill no one back here. Just goes to show you last night it can happen. I fear for my life if I go out of here. Because of certain reasons I do no want to explain in this kite. I would like to talk to you in person about these problems and what’s really going on back here in PC.
Thanks for your time and consideration
Henderly
PS You help me. I’ll help you.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Johnson #326 205
B= Bowman J=Johnson
11/14/00 0323 Hrs
J. Earlier today they tried to put Wagner in the hole. Jones, Smith, Hancock and myself said he ain’t coming in. That was before shift change. After shift change they came back in with Wagner and wanted to put him in with Hancock. Hancock said, “I ain’t allowed to have no cellie” Captain Dale called Rainey to the range and asked if Hancock could have a cellie. They put him in the cell and I told Capt Dane, “Please don’t put that dude in my cell” We all started kickin it then. I told Hancock he was wrong for taking him in. After we ate, Timmy called me over and said, “BJ don’t worry about it, I’m going to take care of it”. I took my shower at 6.00 and say Timmy and Wagner sitting on the bed playing cards. Timmy said, “I got me one” and gave a sign ShhhShhh. Then pill call came, then count time came. Then it got quiet. Then at 9.30-10.00 we started talking about the bible. Timmy started talking to Jones about the Bible then said, “Hold up Jones, I got to take care of something.” I started to doze off hearing Tony and Timmy talking. Then 3rd shift came and Red did his count. I heard Red say “Where’s Wagner?” and he must have waved or something. Then after mail I heard Timmy say, “We don’t have to worry about that dick sucker no more, I killed the bitch. That’s one less child molester”. That’s when I called Red and he seen Wagner was dead.
Red left the range and Timmy kept hitting Wagner.
B. Did you hear Hancock change his mind about Wagner coming in his cell?
J. Yeah. He said something about letting him in his cell. I told Timmy he hurt me because he let Dude in his cell.
B. Did he tell you what he was going to do?
J. No. He just said he was going to “take care of it”. I said, “I know you aint going to do what I think you’re going to do”.
B. What did you think he was going to do?
J. What he did. I told psyche that some little red people were chasing me after my shower. Sears came on the range and I told him he killed the little red people.
B. What happened the 3rd time you went to the cell?
J. I told Timmy “I ain’t going to fuck with you man”
B. Did you tell anybody that Timmy was planning to kill him?
J. No I didn’t tell nobody. It happened between 11 and 11.30 after Red brought the mail. Then Timmy said, “BJ I killed this bitch.” I yelled for Red and and said, “Dude just killed dude!” and told him to go into 127. I had said to Dane, “please don’t put that dude in that cell” before it happened.
B Did you overhear any conversation between Wagner and Red during mail pass out?
J No, can’t say I did. I was laying in bed. That’s exactly how it happened.
Interview concluded.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Jones A167316 cell 122
I don’t remember them trying to put somebody in my cell. They were just standing out there by my door.
I was reading the bible then I laid down. On third shift Harris (LT) talked to me because they thought something was wrong with me because I was speaking in tongues.
Some Psych nurser came in and talked to me at the door.
While they were debating where they were going to put him (Wagner) they had him in cell 136. He said he wanted to go in 122 my cell. They told him to move on down there to Hancock’s cell. I’m not sure who said it.
Hancock kept saying he didn’t want no cellie and to call Bowman.
OHIO STATE HIGHWAY
REPORT OF INVESTIGATION
Post: 31 Cinti Ops Case No. 00-12129-0831 Pouch No. 31-432 Date 11-13-2000
Subject: Interview with inmate Taylor 327215
Me and my cellie were sitting in the dayroom about 2.30pm and we heard Hancock tell the CO if you put him in here I’ll do something to him.
About 4.30pm Hancock yelled out to me to tell them to get him out or I’ll do something to him.
Before that time a white shirt came and put him in Hancocks cell. He had been in cell1 136 before. (Wagner)
Frank Hayden (Psych Nurse) talked to Hancock earlier in the day in Sgt Little’s office right before Wagner celled with him.
Last time Timmy was down here he was a bullshit talker.
Inmate Kidd 324990
Timmy yelled if they put Wagner in here he would hurt or kill him.
After chow he yelled again if they don’t get him out of here I’ll kill him.
Placement of inmates in Double Celled Special Security Status
Placement of inmates in Double Celled Special Security Status
ODRC Policy 208-01
Date: July 14 2000
TO: Shift Commanders
Prison Administrative Managers
Rebecca Martin, HCA
Institution Investigator
Dr K Washington, Mental Health Services
Unit Staff
Count Office
FROM: Anthony J Brigano
Warden
In accordance with departmental policy before an inmate can be double celled in segregation, a review of the inmate’s files must be conducted to ensure the inmate is not being celled with an inmate whom he has:
1. Documented separations from:
2. Requested protective control because of: or
3. Either inmate has a history, institutional or otherwise, that suggests behaviour patterns and/or tendencies that would indicate that they are unsuitable for placement with each other. For example, an inmate with predatory tendencies should not be celled with an inmate who has been victimized or preyed upon in the past.
4. Inmates age 18 or under must also be single celled, unless the other inmate is likewise age 18 or under.
At a MINIMUM the following files will be reviewed:
Inmate’s Master File
2.Unit File
Medical File
Security Threat Group File
All other records available regarding the inmates involved.
During regular business hours, when it Is determined that an inmate must be placed in segregation, the Segregation Supervisor will ensure that a review of these files are conducted PRIOR to the inmate being housed in a double-celled assignment.
In the absence of the Segregation supervisor and during non-regular business hours, when available, the Prison Administrative Manager may be called upon to assist the Shift Commander in the procedure.
At the request of a supervisor, mentioned above, the file reviews will be conducted by a staff member assigned to the area where the files are located.
The results of the review will be relayed to the requesting supervisor as quickly as possible. During non-business hours it may be necessary to gain access to the Records Office to review the master file for separations.
In those cases, during non business hours, where a complete review of the files mentioned above cannot be conducted, the inmate in question is to be single celled until such time a complete review is conducted. These cases will also be reported to the Segregation supervisor. The Segregation supervisor will monitor and report to the Deputy Warden of Operations any concerns.
SLB/mmh
Cc Executive Staff
File
Double Celling (ODRC POLICY (208-01)
Master file review.
Does the inmate have any separations? Yes or NO
If so, list name and numbers of inmates.
Is there any information concerning predatory or assaultive behaviour in the past? If so describe briefly,
Is there any information concerning this inmate being victimized while in prison?
If yes, describe briefly.
Is there any information indicating that this inmate requested or received Protective Control?
If yes, describe briefly.
UNIT FILE REVIEW
Does the inmate have any separations? Yes or NO
If so, list name and numbers of inmates.
Is there any information concerning predatory or assaultive behaviour in the past? If so describe briefly,
Is there any information concerning this inmate being victimized while in prison?
If yes, describe briefly.
Is there any information indicating that this inmate requested or received Protective Control?
If yes, describe briefly.
RIB FILE REVIEW
Is there information indicating an RIB conviction for an assault on another inmate? If so describe briefly, including dates.
Briefly note any other information from the RIB File which suggests this inmate should not be double celled.
Name of Staff Member Providing Information.
Mental health services review
Is this inmate on the Mental Health Services caseload? Yes or No.
If so a review of his psychological file must be conducted by contacting the Mental Health Services Department (such a review may be done at the discretion of the reviewer even if the inmate is not on the caseload.
Is there any mental health information indicating this inmate should not be double celled? YES or NO.
Name of Mental Health Staff Member Providing Information.
Medical file review
Is there any indication that this inmate has any medical problems which would require single celling.
*************NOTE*************
Had these SIMPLE questions been asked and the files of BOTH inmates Wagner and Hancock reviewed, it would be obvious neither should be double celled.
It is the policy of the DRC to monitor the placement of inmates into multiple celled security status housing to reduce potential fights and/or assaults where there is evidence that such problems may arise.
Specifically, the inmates will not be placed into double or multiple celled security status housing with inmates:
WHOSE HISTORY, INSTITUTION OR OTHERWISE SUGGESTS BEHAVIOUR PATTERNS AND/OR TENDENCIES THAT WOULD INDICATE THAT THEY ARE UNSUITABLE FOR PLACEMENT WITH THE INCOMING INMATE. FOR EXAMPLE, AN INMATE WITH PREDATORY TENDENCIES SHOULD NOT BE CELLED WITH AN INMATE WHO HAVE BEEN VICTIMIZED OR PREYED IN THE PAST
THIS JUDGEMENT SHOULD ALSO TAKE INTO CONSIDERATION GENERAL STAFF KNOWLEDGE OF THE INMATES, (IE DISCIPLINARY RECORD, NATURE OF INCIDENT
ODRC Policy 208-01
Date: July 14 2000
TO: Shift Commanders
Prison Administrative Managers
Rebecca Martin, HCA
Institution Investigator
Dr K Washington, Mental Health Services
Unit Staff
Count Office
FROM: Anthony J Brigano
Warden
In accordance with departmental policy before an inmate can be double celled in segregation, a review of the inmate’s files must be conducted to ensure the inmate is not being celled with an inmate whom he has:
1. Documented separations from:
2. Requested protective control because of: or
3. Either inmate has a history, institutional or otherwise, that suggests behaviour patterns and/or tendencies that would indicate that they are unsuitable for placement with each other. For example, an inmate with predatory tendencies should not be celled with an inmate who has been victimized or preyed upon in the past.
4. Inmates age 18 or under must also be single celled, unless the other inmate is likewise age 18 or under.
At a MINIMUM the following files will be reviewed:
Inmate’s Master File
2.Unit File
Medical File
Security Threat Group File
All other records available regarding the inmates involved.
During regular business hours, when it Is determined that an inmate must be placed in segregation, the Segregation Supervisor will ensure that a review of these files are conducted PRIOR to the inmate being housed in a double-celled assignment.
In the absence of the Segregation supervisor and during non-regular business hours, when available, the Prison Administrative Manager may be called upon to assist the Shift Commander in the procedure.
At the request of a supervisor, mentioned above, the file reviews will be conducted by a staff member assigned to the area where the files are located.
The results of the review will be relayed to the requesting supervisor as quickly as possible. During non-business hours it may be necessary to gain access to the Records Office to review the master file for separations.
In those cases, during non business hours, where a complete review of the files mentioned above cannot be conducted, the inmate in question is to be single celled until such time a complete review is conducted. These cases will also be reported to the Segregation supervisor. The Segregation supervisor will monitor and report to the Deputy Warden of Operations any concerns.
SLB/mmh
Cc Executive Staff
File
Double Celling (ODRC POLICY (208-01)
Master file review.
Does the inmate have any separations? Yes or NO
If so, list name and numbers of inmates.
Is there any information concerning predatory or assaultive behaviour in the past? If so describe briefly,
Is there any information concerning this inmate being victimized while in prison?
If yes, describe briefly.
Is there any information indicating that this inmate requested or received Protective Control?
If yes, describe briefly.
UNIT FILE REVIEW
Does the inmate have any separations? Yes or NO
If so, list name and numbers of inmates.
Is there any information concerning predatory or assaultive behaviour in the past? If so describe briefly,
Is there any information concerning this inmate being victimized while in prison?
If yes, describe briefly.
Is there any information indicating that this inmate requested or received Protective Control?
If yes, describe briefly.
RIB FILE REVIEW
Is there information indicating an RIB conviction for an assault on another inmate? If so describe briefly, including dates.
Briefly note any other information from the RIB File which suggests this inmate should not be double celled.
Name of Staff Member Providing Information.
Mental health services review
Is this inmate on the Mental Health Services caseload? Yes or No.
If so a review of his psychological file must be conducted by contacting the Mental Health Services Department (such a review may be done at the discretion of the reviewer even if the inmate is not on the caseload.
Is there any mental health information indicating this inmate should not be double celled? YES or NO.
Name of Mental Health Staff Member Providing Information.
Medical file review
Is there any indication that this inmate has any medical problems which would require single celling.
*************NOTE*************
Had these SIMPLE questions been asked and the files of BOTH inmates Wagner and Hancock reviewed, it would be obvious neither should be double celled.
It is the policy of the DRC to monitor the placement of inmates into multiple celled security status housing to reduce potential fights and/or assaults where there is evidence that such problems may arise.
Specifically, the inmates will not be placed into double or multiple celled security status housing with inmates:
WHOSE HISTORY, INSTITUTION OR OTHERWISE SUGGESTS BEHAVIOUR PATTERNS AND/OR TENDENCIES THAT WOULD INDICATE THAT THEY ARE UNSUITABLE FOR PLACEMENT WITH THE INCOMING INMATE. FOR EXAMPLE, AN INMATE WITH PREDATORY TENDENCIES SHOULD NOT BE CELLED WITH AN INMATE WHO HAVE BEEN VICTIMIZED OR PREYED IN THE PAST
THIS JUDGEMENT SHOULD ALSO TAKE INTO CONSIDERATION GENERAL STAFF KNOWLEDGE OF THE INMATES, (IE DISCIPLINARY RECORD, NATURE OF INCIDENT
Correctional Officer Statments
INCIDENT REPORT:
REPORT DATE: 11/14/00
INSTITUTION: Warren Correctional Institution Location 1AB Cell #127
NAME OF REPORTING STAFF: Captain William Best
INVOLVES Disturbance 1AB Seg. Inmate Death
INCIDENT DATE 11/13/00
Description of incident:
Sir: On the above date at approximately 12.00 am I was called from 1B by the 1A pool officers. CO Coombs stated that he thinks that Hancock 219 467 has killed Wagner 391 054. I went back to 1A segregation area. As I stepped up to ad seg Hancock 219 467 “I killed that child molesting mother fucker.” I then had Hancock removed from the cell and taken to segregation.
I then called for the nurse to come to 1A pod. Hancock then stated, “You don’t need a nurse, you need a coroner.”
I had the cell secured until the nurse arrived. When the nurse arrived, we entered the cell and he checked Wagner’s pulse. We then exited the cell and had the cell secured as a crime scene.
Action taken: Report given to Mr Bowman.
Signed: Captain William Best.
****FOOT NOTE****
You would think when the guards had been told that when CO Coombs stated to Capt Best that “he thinks Hancock has killed Wagner” that the first thing they would have first of all CHECKED this out and stated on the report that they found inmate Wagner dead. This doesn’t happen here.
Capt Best says he first had Hancock removed and put into segregation. He then called a nurse and WAITED till the nurse came to check Wagner’s pulse.
Wouldn’t checking on Inmate Wagner’s condition FIRST have been the proper way to do this? To check if he was still breathing? That is the natural AUTOMATIC reaction if you are told someone might be dead. Not to waste VITAL minutes, waiting on a nurse. Correction’s Officer’s are trained in First Aid, so why is there no mention of them trying to do CPR?
INCIDENT REPORT:
REPORT DATE: 11/14/00
INSTITUTION: Warren Correctional Institution Location 1AB Cell #127
NAME OF REPORTING STAFF: Officer David C Combs
INVOLVES Disturbance 1AB Seg. Inmate Death
INCIDENT DATE 11/13/00
Description of incident:
Sir, On the above date and approx time, I officer D Combs had just called count to the count office at approx 23.50. I then was logging it into my log book at approx 23.55. I heard Officer Kohlhorst of 1AB yelling MAN DOWN. When I looked to see what was happening I saw Officer Kohlhorst running from 1AB Seg and telling me what was happening. Officer Kohlhorst immediately got on the phone to call for assistance. I then went to the middle area between 1A and 1B to see if Capt Best was still in 1B doing a security check. I yelled for Capt Best from 1B, and then informed him of the situation. I then went into 1AB Seg Unit with Capt Best and Officer Kohlhorst.
At cell 127 I see inmate Hancock 219-467 was standing at his door stating that he killed him, his cellie, inmate Wagner 391 054.
Inmate Hancock stated, “I killed that child molesting mother fucker.” And, “You guys don’t need no damn nurse, you need a coroner.”
Capt Best then had inmate Hancock escorted to the GP seg with no contact.
Action taken: Capt Best informed control.
END OF REPORT
INCIDENT REPORT:
REPORT DATE: 11/14/00
INSTITUTION: Warren Correctional Institution Location 1AB Cell #127
NAME OF REPORTING STAFF: CO David J Kohlhorst.
INVOLVES Disturbance 1AB Seg. Inmate Death
INCIDENT DATE 11/13/00
Description of incident:
At approx 10.05 I heard someone beating on a segregation door. I went back there and Inmate Johnson 336-305 in cell 124 said I needed to check on inmate Jones cell #122, I told inmate Jones to turn on his light. He was talking randomly, using jerking movements and pacing his cell. I asked him what was wrong and stated that he had chased demons from his cell and was filled with the Holy Spirit. I know that Inmate Jones is an R T U patient, so I called a supervisor. Later called the R T U nurse. Lt Harris responded and talked to Inmate Jones. He immediately calmed down. Lt Harris left and said he would check on inmate Jones throughout the shift. Then the R T U nurse came in and talked to inmate Jones, then the nurse left.
At the time I conducted the 10.00pm count Inmate Hancock was standing by the cell window. I asked him how are things going and he said okay. I shined the flashlight in the cell and asked “where is your cellie?” Inmate Hancock then lifted a towel off the bunk bar and I saw the top of Inmate Wagner’s head. Inmate Hancock stated, “He’s sleeping”. Inmate Hancock asked if we have a new president yet. I replied it hadn’t been decided yet. I then proceeded with my duties.
At approx 11.55 I heard someone beating on the door again. I thought it was I/M Jones again. When I went back to seg, I/M Hancock was at the door yelling, “I killed that child molesting mother fucker. I/M Hancock repeated this 4 or 5 times. I looked in the cell and saw a cloth round I/M Wagner’s neck. I ran out of seg. The MDA was set off and control center called. 3rd shift personnel responded.
I feel that maybe the inmates in the seg unit knew what was going to happen to inmate Wagner and possibly a disturbance was caused to conceal the fact the crime was being committed.
David J Kohklhorst.
*********FOOT NOTE****************
C O Kohklhorst ADMITS here that he looked into the cell and saw a cloth around Wagner’s neck. Doesn’t he know he is meant to go and REMOVE anything around anyone’s neck and check for vital signs and practice C P R?
Rather he RAN OUT of seg and made some calls. How many people did it take to make these calls and move inmate Hancock?
Also C O Kohklhorst says “I feel that maybe the inmates in the seg unit knew what was going to happen to inmate Wagner and possibly a disturbance was caused to conceal the fact the crime was being committed.”
Now I wonder why he could come to this conclusion? Whatever put an idea like this into his head?
Read on and you will find out!
OHIO STATE HIGHWAY PATROL
STATEMENT FORM
REPORT 00 0831
I, Captain Danny Dane hereby make this voluntary statement to Lt K P Hale
U-99 at W C I on 11-14-00 0745 hours.
On 11-13-00 at or around 2.30pm, I was approached by Sgt Gross who is the Sgt over the PC Unit. He advised me that Mr Rae Harris, the Institutional Investigator was locking inmate Wagner up in the PC Segregation unit.
Sgt Gross advised me that the cell which he was going to place inmate Wagner in was with Inmate Hancock.
Sgt Gross also stated that Inmate Hancock said he wasn’t celling with any body.
Sgt Gross said that he check on all the paper work and that there wasn’t any separations on either inmate and that there wasn’t any reason why they couldn’t cell together. I left the LB Unit and before I went into the unit 1A, MISS WALTERS;
Who is the section of Unit one stopped me and advised me that all the paper work was done and check out and that there wasn’t any seperation.
I then proceeded into the 1A/B unit over to the segregation unit where I seen inmate Wagner in restraints, walking up and down this segregation hallway. I entered the PC Segregation Unit and I ask Inmate Wagner if he had any separation with inmate Hancock or if there was any reason why he couldn’t cell with inmate Hancock, he said, “no sir”
I then said to Inmate Wagner “you need to step down to the other end of the hallway”.
I went into Inmate Hancock’s cell and I ask him if he had any separation from Wagner or if he had any reason why they couldn’t cell together. Inmate Hancock said “No Sir I promise I don’t know” CO Webber was right there with me. I then told inmate Wagner to step inside the cell that Inmate Hancock was in and he did. The door was closed and I left the Unit.
Signature. Captain Dane.
*********FOOTNOTE**************
I wonder if it is NORMAL procedure to ASK inmates these question’s? There had to have been a reason they asked them in the first place.
Possibly that they KNEW people would object to sharing a cell with a child rapist?
Then they had to know about Tim’s background also. Just thinking aloud here.
REPORT DATE: 11/14/00
INSTITUTION: Warren Correctional Institution Location 1AB Cell #127
NAME OF REPORTING STAFF: Captain William Best
INVOLVES Disturbance 1AB Seg. Inmate Death
INCIDENT DATE 11/13/00
Description of incident:
Sir: On the above date at approximately 12.00 am I was called from 1B by the 1A pool officers. CO Coombs stated that he thinks that Hancock 219 467 has killed Wagner 391 054. I went back to 1A segregation area. As I stepped up to ad seg Hancock 219 467 “I killed that child molesting mother fucker.” I then had Hancock removed from the cell and taken to segregation.
I then called for the nurse to come to 1A pod. Hancock then stated, “You don’t need a nurse, you need a coroner.”
I had the cell secured until the nurse arrived. When the nurse arrived, we entered the cell and he checked Wagner’s pulse. We then exited the cell and had the cell secured as a crime scene.
Action taken: Report given to Mr Bowman.
Signed: Captain William Best.
****FOOT NOTE****
You would think when the guards had been told that when CO Coombs stated to Capt Best that “he thinks Hancock has killed Wagner” that the first thing they would have first of all CHECKED this out and stated on the report that they found inmate Wagner dead. This doesn’t happen here.
Capt Best says he first had Hancock removed and put into segregation. He then called a nurse and WAITED till the nurse came to check Wagner’s pulse.
Wouldn’t checking on Inmate Wagner’s condition FIRST have been the proper way to do this? To check if he was still breathing? That is the natural AUTOMATIC reaction if you are told someone might be dead. Not to waste VITAL minutes, waiting on a nurse. Correction’s Officer’s are trained in First Aid, so why is there no mention of them trying to do CPR?
INCIDENT REPORT:
REPORT DATE: 11/14/00
INSTITUTION: Warren Correctional Institution Location 1AB Cell #127
NAME OF REPORTING STAFF: Officer David C Combs
INVOLVES Disturbance 1AB Seg. Inmate Death
INCIDENT DATE 11/13/00
Description of incident:
Sir, On the above date and approx time, I officer D Combs had just called count to the count office at approx 23.50. I then was logging it into my log book at approx 23.55. I heard Officer Kohlhorst of 1AB yelling MAN DOWN. When I looked to see what was happening I saw Officer Kohlhorst running from 1AB Seg and telling me what was happening. Officer Kohlhorst immediately got on the phone to call for assistance. I then went to the middle area between 1A and 1B to see if Capt Best was still in 1B doing a security check. I yelled for Capt Best from 1B, and then informed him of the situation. I then went into 1AB Seg Unit with Capt Best and Officer Kohlhorst.
At cell 127 I see inmate Hancock 219-467 was standing at his door stating that he killed him, his cellie, inmate Wagner 391 054.
Inmate Hancock stated, “I killed that child molesting mother fucker.” And, “You guys don’t need no damn nurse, you need a coroner.”
Capt Best then had inmate Hancock escorted to the GP seg with no contact.
Action taken: Capt Best informed control.
END OF REPORT
INCIDENT REPORT:
REPORT DATE: 11/14/00
INSTITUTION: Warren Correctional Institution Location 1AB Cell #127
NAME OF REPORTING STAFF: CO David J Kohlhorst.
INVOLVES Disturbance 1AB Seg. Inmate Death
INCIDENT DATE 11/13/00
Description of incident:
At approx 10.05 I heard someone beating on a segregation door. I went back there and Inmate Johnson 336-305 in cell 124 said I needed to check on inmate Jones cell #122, I told inmate Jones to turn on his light. He was talking randomly, using jerking movements and pacing his cell. I asked him what was wrong and stated that he had chased demons from his cell and was filled with the Holy Spirit. I know that Inmate Jones is an R T U patient, so I called a supervisor. Later called the R T U nurse. Lt Harris responded and talked to Inmate Jones. He immediately calmed down. Lt Harris left and said he would check on inmate Jones throughout the shift. Then the R T U nurse came in and talked to inmate Jones, then the nurse left.
At the time I conducted the 10.00pm count Inmate Hancock was standing by the cell window. I asked him how are things going and he said okay. I shined the flashlight in the cell and asked “where is your cellie?” Inmate Hancock then lifted a towel off the bunk bar and I saw the top of Inmate Wagner’s head. Inmate Hancock stated, “He’s sleeping”. Inmate Hancock asked if we have a new president yet. I replied it hadn’t been decided yet. I then proceeded with my duties.
At approx 11.55 I heard someone beating on the door again. I thought it was I/M Jones again. When I went back to seg, I/M Hancock was at the door yelling, “I killed that child molesting mother fucker. I/M Hancock repeated this 4 or 5 times. I looked in the cell and saw a cloth round I/M Wagner’s neck. I ran out of seg. The MDA was set off and control center called. 3rd shift personnel responded.
I feel that maybe the inmates in the seg unit knew what was going to happen to inmate Wagner and possibly a disturbance was caused to conceal the fact the crime was being committed.
David J Kohklhorst.
*********FOOT NOTE****************
C O Kohklhorst ADMITS here that he looked into the cell and saw a cloth around Wagner’s neck. Doesn’t he know he is meant to go and REMOVE anything around anyone’s neck and check for vital signs and practice C P R?
Rather he RAN OUT of seg and made some calls. How many people did it take to make these calls and move inmate Hancock?
Also C O Kohklhorst says “I feel that maybe the inmates in the seg unit knew what was going to happen to inmate Wagner and possibly a disturbance was caused to conceal the fact the crime was being committed.”
Now I wonder why he could come to this conclusion? Whatever put an idea like this into his head?
Read on and you will find out!
OHIO STATE HIGHWAY PATROL
STATEMENT FORM
REPORT 00 0831
I, Captain Danny Dane hereby make this voluntary statement to Lt K P Hale
U-99 at W C I on 11-14-00 0745 hours.
On 11-13-00 at or around 2.30pm, I was approached by Sgt Gross who is the Sgt over the PC Unit. He advised me that Mr Rae Harris, the Institutional Investigator was locking inmate Wagner up in the PC Segregation unit.
Sgt Gross advised me that the cell which he was going to place inmate Wagner in was with Inmate Hancock.
Sgt Gross also stated that Inmate Hancock said he wasn’t celling with any body.
Sgt Gross said that he check on all the paper work and that there wasn’t any separations on either inmate and that there wasn’t any reason why they couldn’t cell together. I left the LB Unit and before I went into the unit 1A, MISS WALTERS;
Who is the section of Unit one stopped me and advised me that all the paper work was done and check out and that there wasn’t any seperation.
I then proceeded into the 1A/B unit over to the segregation unit where I seen inmate Wagner in restraints, walking up and down this segregation hallway. I entered the PC Segregation Unit and I ask Inmate Wagner if he had any separation with inmate Hancock or if there was any reason why he couldn’t cell with inmate Hancock, he said, “no sir”
I then said to Inmate Wagner “you need to step down to the other end of the hallway”.
I went into Inmate Hancock’s cell and I ask him if he had any separation from Wagner or if he had any reason why they couldn’t cell together. Inmate Hancock said “No Sir I promise I don’t know” CO Webber was right there with me. I then told inmate Wagner to step inside the cell that Inmate Hancock was in and he did. The door was closed and I left the Unit.
Signature. Captain Dane.
*********FOOTNOTE**************
I wonder if it is NORMAL procedure to ASK inmates these question’s? There had to have been a reason they asked them in the first place.
Possibly that they KNEW people would object to sharing a cell with a child rapist?
Then they had to know about Tim’s background also. Just thinking aloud here.
MEMO
To: Steve Bowman
Deputy of Operations
From: Mike Wolfe
Unit 1 Case Manager
Date: 1/19/01
Re: High Maximum Placement Hancock A219-467
Reason for Recommendation
Inmate Hancock A219-467 was recently before the Rules Infraction Board for a Class 11 Rule 19 (ORC 2903.01) Aggravated Murder. Inmate Hancock while housing with Inmate Wagner A391-034 committed murder (ORC 2903.01) by strangling Inmate Wagner according to the Rules Infraction Board Panel. Inmate behaviour is unacceptable and can not be tolerated.
Rules Infractions at Class 11
5/2/90 Class 11 Rule 7— Possession of an intoxicating substance.
Disposition- 15 days in DC, Rec and LC
Details: Inmate was found in possession of marijuana.
11/20/90 Class 11 Rule 9- Dealing.
Disposition- 7 days DC, Rec , LC
Details: Inmate accumulated debt by gambling with other inmates. Inmate had money sent to other inmate’s family to pay for the debt.
**NOTE** this is made to sound like a drug deal but what it shows he was actually paying his debts for losing for playing cards. Shows he was honouring his debts.
11/29/90 Class Rules 9, 23,24-----Dealing, mail rules, Lying.
Disposition 5 days DC
Details: Inmate sent money out to other inmate’s families to pay for gambling debts.
***NOTE***** Same charge as above!! And still he was paying his debts back.
It may not be permitted but it is known this happens a lot.
3/30/94 Class 11 Rule 5- Fighting.
Disposition 7 Days DC
Details: Inmate engaged in a fight with another inmate.
******NOTE*********** For paying debts off the punishment was harsher than it was for fighting, which is more serious.
6/27/94 Class 11 Rule 32-----Self Mutilation
Disposition: 5 Days
Details: Inmate cut his forearm requiring stitches.
***********NOTE**********
Inmate Hancock was PUNISHED for being mentally ill!! No one who is in their right mind self mutilates. At least he got the stitches. Mentally ill prisoners should be given proper care. It seems the State of Ohio doesn’t care for mentally ill people very much.
8/6/96 Class 11 Rule 7—Possession of an intoxicating substance.
Disposition 15 days DC
Details: Inmate was in possession of unauthorized medication.
********NOTE************
Where did inmate Hancock get this unauthorized medication?
Could it be that Correctional Officers were NOT doing their jobs properly in the mail room? Or God Forbid that Correctional Officers brought this unauthorized medication into the prison and perhaps sold it to him?
4/14/98 Class 11 Rule 3 Refusal of an assignment
15 Days in DC
Inmate refused to lock in his cell.
6/3/98 Class 11 Rule 1 Disobedience.
15 days in DC
Inmate disobeyed order to lock in cell.
6/3/98 Class 11 Rule 1 Disobedience.
15 days in DC, Rec, LC
Inmate refused orders for a cell assignment.
***NOTE*** Did Tim get in total 30 days for refusing to be locked into his cell and having a cell mate? Seems to be two different punishments!!
9/17/98 Class 11 Rules 1,3 Disobedience, Refusal of an assignment.
15 Days DC CTS
Inmate refused orders during a search from an officer and refused to accept a cell assignment.
1/3/01 Class 11 Rule 12 THREATS
15 days DC, Rec. LC, Rec, AC
Inmate threatened to kill other child molesters if placed back into population setting.
1/4/01 Class 11 Rule 19 ORC 2903.01 Aggravated Murder
15 days DC, Rec, LC, Rec High Maximum.
Inmate was found guilty of committing murder. Inmate murdered his cellmate Inmate Wagner A391 034.
Summary
Inmate Hancock has spent numerous days in segregation under various forms of control. Inmate Hancock has committed numerous rules violations that were heard at the Class 11 level since his incarceration. None of these violations appeared to be serious in nature. However, Inmate Hancock committed murder while in PROTECTIVE CONTROL unit at Warren Correctional. After the murder, Inmate Hancock was sent to Lebanon Correctional. Since his arrival at Lebanon correctional he has been found guilty of the aforementioned murder by Warren Correctional Rules Infraction Board, and he has been found guilty by the Lebanon Correctional Rules Infraction Board for making threats to kill other child molesters if placed back into a population setting.
********NOTE********
It seems that inmate Hancock has been charged with various “crimes” according to the DRC. Some are the same “crime” with different names. Nothing serious except for ONE fight. And that didn’t kill anyone, yet they where all over him for anything infraction they could try.
ALL, the other rule infractions where about him refusing to cell with anyone.
Steve Bowman, who, wrote the report said that there was nothing serious in it regarding charges against Hancock.
But, refusing to go into a cell with a cell mate is something they have been aware of since from AT LEAST 6 March 1998 with Inmate Hancock. In fact Tim was punished several times for refusing to cell with someone else. It is something Tim was KNOWN for. The record above STATES this.
It was something that was on the RECORDS supposedly checked for separation of inmates in both the Hancock and Wagner Cases. Wagner was a known child rapist. That is SERIOUS grounds for separating him from other inmates.
Yet neither Inmate Wagner nor Inmate Hancock where charged with any rules infractions on 13 November 2000.
Neither man was punished for refusing to enter the cell.
Warden Anthony Brigano ACKNOWLEGED that HIS staff DID NOT check inmate Hancock’s mental health file. Which then shows HIS CORRECTIONS OFFICERS LIED WHEN THEY SAID THEY CHECKED HANCOCKS FILES!!!!
See the article, “Prison Violated inmate Policy” from the Cincinnati Enquirer by Sheila McLaughlin dated, 17 December 2001. See link to the story:
http.www.enquirer.com/editions/2001/12/17/loc_prison_violated.html
Deputy of Operations
From: Mike Wolfe
Unit 1 Case Manager
Date: 1/19/01
Re: High Maximum Placement Hancock A219-467
Reason for Recommendation
Inmate Hancock A219-467 was recently before the Rules Infraction Board for a Class 11 Rule 19 (ORC 2903.01) Aggravated Murder. Inmate Hancock while housing with Inmate Wagner A391-034 committed murder (ORC 2903.01) by strangling Inmate Wagner according to the Rules Infraction Board Panel. Inmate behaviour is unacceptable and can not be tolerated.
Rules Infractions at Class 11
5/2/90 Class 11 Rule 7— Possession of an intoxicating substance.
Disposition- 15 days in DC, Rec and LC
Details: Inmate was found in possession of marijuana.
11/20/90 Class 11 Rule 9- Dealing.
Disposition- 7 days DC, Rec , LC
Details: Inmate accumulated debt by gambling with other inmates. Inmate had money sent to other inmate’s family to pay for the debt.
**NOTE** this is made to sound like a drug deal but what it shows he was actually paying his debts for losing for playing cards. Shows he was honouring his debts.
11/29/90 Class Rules 9, 23,24-----Dealing, mail rules, Lying.
Disposition 5 days DC
Details: Inmate sent money out to other inmate’s families to pay for gambling debts.
***NOTE***** Same charge as above!! And still he was paying his debts back.
It may not be permitted but it is known this happens a lot.
3/30/94 Class 11 Rule 5- Fighting.
Disposition 7 Days DC
Details: Inmate engaged in a fight with another inmate.
******NOTE*********** For paying debts off the punishment was harsher than it was for fighting, which is more serious.
6/27/94 Class 11 Rule 32-----Self Mutilation
Disposition: 5 Days
Details: Inmate cut his forearm requiring stitches.
***********NOTE**********
Inmate Hancock was PUNISHED for being mentally ill!! No one who is in their right mind self mutilates. At least he got the stitches. Mentally ill prisoners should be given proper care. It seems the State of Ohio doesn’t care for mentally ill people very much.
8/6/96 Class 11 Rule 7—Possession of an intoxicating substance.
Disposition 15 days DC
Details: Inmate was in possession of unauthorized medication.
********NOTE************
Where did inmate Hancock get this unauthorized medication?
Could it be that Correctional Officers were NOT doing their jobs properly in the mail room? Or God Forbid that Correctional Officers brought this unauthorized medication into the prison and perhaps sold it to him?
4/14/98 Class 11 Rule 3 Refusal of an assignment
15 Days in DC
Inmate refused to lock in his cell.
6/3/98 Class 11 Rule 1 Disobedience.
15 days in DC
Inmate disobeyed order to lock in cell.
6/3/98 Class 11 Rule 1 Disobedience.
15 days in DC, Rec, LC
Inmate refused orders for a cell assignment.
***NOTE*** Did Tim get in total 30 days for refusing to be locked into his cell and having a cell mate? Seems to be two different punishments!!
9/17/98 Class 11 Rules 1,3 Disobedience, Refusal of an assignment.
15 Days DC CTS
Inmate refused orders during a search from an officer and refused to accept a cell assignment.
1/3/01 Class 11 Rule 12 THREATS
15 days DC, Rec. LC, Rec, AC
Inmate threatened to kill other child molesters if placed back into population setting.
1/4/01 Class 11 Rule 19 ORC 2903.01 Aggravated Murder
15 days DC, Rec, LC, Rec High Maximum.
Inmate was found guilty of committing murder. Inmate murdered his cellmate Inmate Wagner A391 034.
Summary
Inmate Hancock has spent numerous days in segregation under various forms of control. Inmate Hancock has committed numerous rules violations that were heard at the Class 11 level since his incarceration. None of these violations appeared to be serious in nature. However, Inmate Hancock committed murder while in PROTECTIVE CONTROL unit at Warren Correctional. After the murder, Inmate Hancock was sent to Lebanon Correctional. Since his arrival at Lebanon correctional he has been found guilty of the aforementioned murder by Warren Correctional Rules Infraction Board, and he has been found guilty by the Lebanon Correctional Rules Infraction Board for making threats to kill other child molesters if placed back into a population setting.
********NOTE********
It seems that inmate Hancock has been charged with various “crimes” according to the DRC. Some are the same “crime” with different names. Nothing serious except for ONE fight. And that didn’t kill anyone, yet they where all over him for anything infraction they could try.
ALL, the other rule infractions where about him refusing to cell with anyone.
Steve Bowman, who, wrote the report said that there was nothing serious in it regarding charges against Hancock.
But, refusing to go into a cell with a cell mate is something they have been aware of since from AT LEAST 6 March 1998 with Inmate Hancock. In fact Tim was punished several times for refusing to cell with someone else. It is something Tim was KNOWN for. The record above STATES this.
It was something that was on the RECORDS supposedly checked for separation of inmates in both the Hancock and Wagner Cases. Wagner was a known child rapist. That is SERIOUS grounds for separating him from other inmates.
Yet neither Inmate Wagner nor Inmate Hancock where charged with any rules infractions on 13 November 2000.
Neither man was punished for refusing to enter the cell.
Warden Anthony Brigano ACKNOWLEGED that HIS staff DID NOT check inmate Hancock’s mental health file. Which then shows HIS CORRECTIONS OFFICERS LIED WHEN THEY SAID THEY CHECKED HANCOCKS FILES!!!!
See the article, “Prison Violated inmate Policy” from the Cincinnati Enquirer by Sheila McLaughlin dated, 17 December 2001. See link to the story:
http.www.enquirer.com/editions/2001/12/17/loc_prison_violated.html
SPECIAL INCIDENT REPORT
SPECIAL INCIDENT REPORT
Institution : Warren Correctional Institution
Nature of incident: Homicide
Time of Incident: 11.55pm
Date of incident 11/13/00
Report prepared by: Investigator, Mark Stegmoller
Inmate involved: Wagner, Jason A391054
Sentence (length) : 37 years to Life
Sentence (Crime) POSS criminal Tools, Endanger Child, Kidnapping, FEL Assault, ATT Murder, and Rape
Committing County Fairfield
Age: DOB: 08/28/75 Race. White
Date Received: 03/02/00 Parole Date: 04/23/2043
Inmate involved: Hancock, Timothy A2194767
Sentence (length) 20 years to life
Sentence (Crime) AGG Murder, FEL Assault
Committing County : Allen
Age: DOB: 12/07/69 Race: white
Date Received: 03/07/90 Parole Date: 09/07/2008
Employees involved: None
Describe Incident:
On November 13, 2000, at approximately 11.55pm, While working on the Protective Custody Unit on third shift, Officer Kohlhorst was advised by inmate Hancock (A2194767), that he “killed his child molesting cellmate”, Jason Wagner. Upon entering the cell, Inmate Wagner was found dead in the top bunk in cell 1A 129, tied to the bed at both wrist and ankles with strands torn from a sheet. There was also a strand of sheet tied in several knots around inmate Wagner’s neck. Subsequently, inmate Hancock was taken to segregation and the cell deemed a crime scene. The Ohio State Trooper Patrol was notified and Lieutenant Hale, Trooper Slusher, and Trooper Nelson responded to the Institution. At this point the investigation had been turned over to the Ohio State Patrol and is on going.
a. Ohio State Highway Patrol-- Yes
b. Sherrif or Police----- No
c. other institutions--No
d.Other---- No Regional Director/Designee: Yes
Institution : Warren Correctional Institution
Nature of incident: Homicide
Time of Incident: 11.55pm
Date of incident 11/13/00
Report prepared by: Investigator, Mark Stegmoller
Inmate involved: Wagner, Jason A391054
Sentence (length) : 37 years to Life
Sentence (Crime) POSS criminal Tools, Endanger Child, Kidnapping, FEL Assault, ATT Murder, and Rape
Committing County Fairfield
Age: DOB: 08/28/75 Race. White
Date Received: 03/02/00 Parole Date: 04/23/2043
Inmate involved: Hancock, Timothy A2194767
Sentence (length) 20 years to life
Sentence (Crime) AGG Murder, FEL Assault
Committing County : Allen
Age: DOB: 12/07/69 Race: white
Date Received: 03/07/90 Parole Date: 09/07/2008
Employees involved: None
Describe Incident:
On November 13, 2000, at approximately 11.55pm, While working on the Protective Custody Unit on third shift, Officer Kohlhorst was advised by inmate Hancock (A2194767), that he “killed his child molesting cellmate”, Jason Wagner. Upon entering the cell, Inmate Wagner was found dead in the top bunk in cell 1A 129, tied to the bed at both wrist and ankles with strands torn from a sheet. There was also a strand of sheet tied in several knots around inmate Wagner’s neck. Subsequently, inmate Hancock was taken to segregation and the cell deemed a crime scene. The Ohio State Trooper Patrol was notified and Lieutenant Hale, Trooper Slusher, and Trooper Nelson responded to the Institution. At this point the investigation had been turned over to the Ohio State Patrol and is on going.
a. Ohio State Highway Patrol-- Yes
b. Sherrif or Police----- No
c. other institutions--No
d.Other---- No Regional Director/Designee: Yes
Affidavits of Inmates
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 2
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF TRAVIS HENDERLY
State of Ohio
County Lucas
I, Travis Henderly, being duly sworn according to law as follows:
1. I am currently incarcerated at Toledo Correctional Institution, inmate # 382 068
2. I was housed at Warren Correctional Institution from 2000-2002
3. Tim was transferred to Mansfield, and put straight into PC in Nov 2000. I never had any problems with Tim at Warren Correctional. I never celled with Tim, but we were both housed on the PC/Seg Unit.
4. I never celled with Jason Wagner. He would do anything inmates told him to do because he was scared they would hurt him. I heard from another inmates that Wagner ate a shit sandwich and had shit thrown on him by other inmates. He was on all kinds of medication and was not very smart.
5.Wagner would talk about his crime, and seemed proud of it.
6.Before my case, I loved in Lancaster just down the street from the Taggart family. We would say hello to each other, and I knew Ashley.
7 I had a separation order from Wagner because I had threatened to kill him.
8. When I was arrested for my case, I was in jail with Wagner's co-defendant, Danny Taylor. I was placed in the same cell with Taylor. There were no problems between Taylor and me, and he was moved soon to a different jail.
9. Wagner was openly gay and he had sex with Donald "Duck" Carson who was HIV positive. The guards put Wagner in Carson's cell for that reason.
10. The guards on the PC/Seg unit at WCI didn't like to put black and white inmates in the same cell.
11. When the PC/Seg was full they would house inmates in RTU or the Main Segregation area.
12. On Nov 13 2000, the guards said Wagner was coming back to the hole because he had called the judges daughter. Inmates Jones and Smith offered to cell with Wagner. Inmate Johnson refused because he doesn't cell with other people. Tim said not to put Wagner in Tim's cell. I told them to put me in a cell with Hancock and cell Wagner with my cellmate Franks. They said no, there wasn't going to be any trouble in this unit.
13. They took Wagner back to his cell, and later that afternoon brought him back to place in Tim's cell. Tim yelled that he would kill him if Wagner was placed in his cell. They forced Wagner in the cell anyway. Tim went to the psych nurse and told him he didn't want Wagner in the cell.
14. About an hour after mail call, Tim wiped his hands and said to call the police because this is one child molester not to worry about anymore. We asked what he meant and Tim said he was dead. We then called for Officer Kohlhurst, who came running and found Wagner dead. Officer Kohlhurst peed himself when he saw Wagner dead.
15.I gave a statement to the Ohio State Highway Patrol about Wagner's death. The guards told me if I said anything about what they did they would put me in the hole. I had already been in te hole and didn't care if I went back so I told the Highway Patrol what had happened. O also talked to the prosecutor about this case.
16. Three to four months after I talked to the police, the guards forced inmate Wes Howe into my cell even though I had a separation order from Howe. This was on the PC Unit at WCI. I was moved soon after to Marion Correctional Institution.
17. Since I signed a statement about the crime, I was later given a separation order from Hancock at Marion Correctional Institution.
18. I never talked to Tim's trial attorneys and didn't know I was listed as a possible defense witness.
19. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed Travis Henderly
6-22-04
Sworn to and subscribed before me this 22nd day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
EXHIBIT 2
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 3
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF DAVID EUGENE FRANKS
State of Ohio
County of Madison
I, David Eugene Franks, being duly sworn according to law as follows:
1. I am currently incarcerated at London Correctional Institution, inmate # 425 939
2. I was housed at Warren Correctional Institution for about 8 months in 2000, inmate # 269-956
3. I celled with Jason Wagner for about 2 weeks before I was moved to Segregation. He was homosexual and hit on me while he was my cell mate. Wagner was not smart.
4. I knew Wagner was a child molester from TV reports.
5. I never celled with Tim Hancock, but had a few brief conversations with him.
6. On Nov 13, 2000, I was housed 2 cells down from Tim's cell on segregation.
7. On the day of the crime the guard brought Wagner back to segregation and no one wanted to cell with him. Tim threatened Wagner if they put him in his cell.
8.They took Wagner back out to his cell, and the officer went to talk to a supervisor. About 15 or 30 minutes later they brought back Wagner to put him in the cell with Tim.
9. I didn't hear anything until Tim yelled for BJ and said to call the guards and that he killed the baby raping bastard.
10. I banged on my door and yelled for the guards, and they came back to segregation and found Wagner dead.
11. I talked to the Highway Patrol, but the paper they say is my interview isn't correct. Tim never agreed to let Wagner in his cell. I was never shown this statement and didn't sign it. I talked to them for longer than 13 minutes, probably 45 minutes.
12. At WCI, we are not allowed to smoke on segregation.
13. If segregation is full at WCI, they placed inmates on the main segregation or in RTU. I was placed on RTU segregation once.
14. No one wanted to cell with Wagner because of his crime and because he was a homosexual. Wagner had sex with Donald Carson who has AIDS.
15.I was never asked to talk to the prosecutor or to Tim's trial attorneys.
16. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed David Franks
6-25-04
Sworn to and subscribed before me this 25th day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 4
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF CONNER JONES
State of Ohio
County of Lucas
I, Conner Jones, being duly sworn according to law as follows:
1. I am currently incarcerated at Toledo Correctional Institution, inmate # 167-316
2. I was housed at Warren Correctional Institution from 1997 to after 2000.
3. I never had any problems with Tim at Warren Correctional. I never celled with Tim, but we were both housed on the PC/Seg Unit.
4. I never celled with Jason Wagner. I knew that he was a child molester by word of mouth from other inmates.
5. Wagner was openly gay. He had sex with Donald "Duck" Carson who had HIV, and the guards had in in Carson's cell for that purpose.
6.When the PC/Seg was full they would house inmates in RTU or the Main Segregation area.
7. On Nov 13, 2000, the guards brought Wagner back and I heard Tim yelling really loudly don't put him in here. Tim wasn't supposed to have cellmates, because someone higher up said he wasn't supposed to have one.
8. Capt. Dane placed Wagner in Tim's cell. The whole time Tim was yelling for them not to place Wagner in his cell.
9. Later that night I saw Officer Kohlhurst come running to Tim's cell, and then Capt. Best came in, and that's when I learned Wagner was dead.
10. I heard one guard say he was glad Wagner had been killed. This guard would come back to the unit afterwards asking, "Where's Wagner?" as a joke.
11. I gave a statement to the Ohio State Patrol about Wagner's death.
13. I was never asked to talk to the prosecutor or to Tim's trial attorneys.
14. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed CONNER JONES A167 316
6-22-04
Sworn to and subscribed before me this 22nd day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
WARREN COUNTY, OHIO EXHIBIT 5
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF MICHAEL MIDKIFF
State of Ohio
County of Pickaway
I, Michael Midkiff, being duly sworn according to law as follows:
1. I am currently incarcerated at Corrections Reception Center for a parole hearing which takes place tomorrow June 22 2004 I am inmate # 250 947
2. I was incarcerated at Warren Correctional Institution from 1999-2000.
3. On Nov 13, 2000 I was in cell 133 on the PC/Seg unit.
4. I didn't know Tim Hancock personally.
5. I spoke to Wagner a few times. He seemed to be a bit slow.
6. All of the guards and inmates knew about Wagner's crime. The guards were very rude to Wagner and often yelled at him.
7. Wagner was very open about his sexuality, and that made inmates uncomfortable.
8. I knew about Wagner's crime from seeing it on TV.
9. The day of the crime I heard Wagner say he didn't want to go in Tim's cell. Wagner sat down on the floor of PC refusing to go in the cell.
10. Then 2nd Shift officers came in and made Wagner go in Tim's cell.
11. I told my cellmate, Harris, that Wagner didn't want to go in Tim's cell.
12. I didn't hear anything until 3 or 4 am when the coroner came into the unit and I knew Wagner was dead.
13. I gave a statement to the Ohio State Patrol. I was never asked to talk to the prosecutor or to Tim's trial attorneys.
14. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed MICHAEL MIDKIFF 250947
6-21-04
Sworn to and subscribed before me this 21ST day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
WARREN COUNTY, OHIO EXHIBIT 6
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF SHAWN L. KNIGHT
State of Ohio
County of Pickaway
I, Shawn L Knight, being duly sworn according to law as follows:
1. I am currently incarcerated at Corrections Reception Center, inmate 217 293
2. I was housed at Warren Correctional Institution from 1997-2002
3. I was housed in the LC Segregation Unit during my stay at WCI. I was on the 2nd level above the PC Unit.
4. I knew Tim and had played dungeons and dragons with him and we had worked out together. Tim was on medication while at WCI.
5. I knew Wagner. He was openly gay and a little weird. He talked about his crime, and blamed the other guy who was living with Wagner at the time.
6. The day of the crime, after lunch, the guards took Wagner out of his cell to move to PC. Tim said he didn't want him in there. They took Wagner back to his cell.
7. I was in the day room when they first tried to put Wagner in Tim's cell.
8. I could hear Tim yelling he didn't want Wagner in his cell.
9. The second shift came in and put Wagner in Tim's cell. I could tell Wagner didn't want to go in Tim's cell.
10. I didn't realize what happened until the next morning when I showed up for my job as range porter and I wasn't allowed back on the PC Unit.
11. I wouldn't talk to police or Wagner's family lawyers about what happened, because I didn't want to get stuck in that unit.
12. Tim's trial attorneys didn't ask to talk to me.
13. After the crime the guards didn't care Wagner was dead and said he had got what was coming to him.
14. I was surprised Tim did that to Wagner, because he didn't seem really violent.
Further affiant sayeth naught
Signed SHAWN L KNIGHT 217-293
6-21-04
Sworn to and subscribed before me this 21ST day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
WARREN COUNTY, OHIO EXHIBIT 7
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF DONALD L CAIN
State of Ohio
County of Pickaway
I, Donald L Cain, being duly sworn according to law as follows:
1. I am inmate 371 653 and am currently incarcerated at Pickaway Correctional Institution.
2. I was housed at Warren Correctional Institution from Dec 3, 1999 to April 22 2004.
3. At the time of the crime I was in the cell next to Wagner before they took him to segregation. I was in Cell 135 and Wagner was in cell 136.
4. I had celled with Wagner in segregation prior to the crime. He gave me a ticket when he smoked in our cell in the hole then put the cigarettes on my bed, so I got a ticket from Officer Miller.
5. Wagner was picked on a lot by staff and inmates. The staff would tell other inmates he was a babyraper and he was retarded.
6. Everyone knew about his crime. The guards would tell inmates about his crime. Wagner would talk about his crime a lot. We saw it in newspapers and on TV.
7. Wagner talked about it when we celled together. He said he was on acid and took the little girl from a back yard. He duct taped her in an attic. He said his room mate was involved. He said the other little girl of his room mates in Florida was very sexual towards Wagner. He kept wanting to talk about it.
8. The guards told us Wagner's brother was in prison for the same type of crime.
9. Wagner messed around sexually with inmates from his first day in prison, basically with anyone that offered.
10. On segregation in Warren they double cell inmates, even if one is minimum security and one is maximum. They don't do that in Marion Correctional.
11. On the day of the crime they took Wagner to place in Segregation. I was gone when they brought him back to his cell.
12. When I came back to my cell, before shift change at 2, I saw Wagner back in the cell next to me. I asked him why he was back, he said, "they guy they tried to put him in there said he didn't want him in there and something would happen". I gave him a cigarette and he told me what had happened.
13. After shift change, later that evening they took him back to segregation. He had been back in his cell next to me a few hours.
14. I knew something had happened when mail didn't come. Then I saw them take Tim out, and the Warden and the Coroner come in. I wasn't surprised.
15. That was the only time I ever saw anyone forced into a cell where there was a threat on segregation. Usually they don't put inmates together if they say there is a problem.
16 A guard told me later that they gave Tim cigarettes after it happened.
17 I had never talked to Tim and I don't know him.
18 Wagner was on psych medication and was different every day
19 Everyone in the unit, including me talked to the Highway Patrol about what happened. I never was asked to sign a statement.
20 Tim's attorneys never contacted me. I would have testified if I had been asked, to the contents of this affidavit.
Further affiant sayeth naught
Signed DONALD CAIN 371-653
5-17-04
Sworn to and subscribed before me this 17th day of May 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 8
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF JOHN JORSTAD
State of Ohio
County of Warren
I, John Jorstad , being duly sworn according to law as follows:
1. I am currently incarcerated at Warren Correctional Institution, inmate # 322-089. I have been here since about 1999 and I have always been on the protective unit.
2.I didn't know Tim Hancock.
3. I had conversations with Jason Wagner but never celled with him. He was picked on quite a bit and he wasn't real smart. He would talk about his crime a lot. I knew what he was in for because he told me about the little girl. The guards would insult him too. Everyone knew Wagner was gay.
4. The day of this crime I was in cell 128, which is right outside the seg unit on the other side of the plexiglass. That afternoon I saw them take Wagner back to seg and he didn't want to go. I heard Tim yell that he didn't want Wagner put in his cell.
5.After Wagner was put in Tim's cell I watched TV and next thing I knew Tim was yelling for them to come get Wagner's body out of his cell.
6. I talked to the Highway Patrol a few months later, and my statement is accurate.
7. I never talked to the Prosecutor or Tim's trial attorneys
8. Just this year I was told I wouldn't have a cellmate because I was assaulted by my cellmate, then later they gave me cellmate.
9. If the PC-Seg Unit is full, they put inmates into RTU or on the main seg unit.
10. I would have testified, if asked, about my knowledge of these events.
Further affiant sayeth naught
Signed JOHN JORSTAD 332-089 5 October 04
5-17-04
Sworn to and subscribed before me this 5th day of October 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 9
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF CARRIE K. LANE
State of Ohio
County of Van Wert
I, Carrie K Lane, being duly sworn according to law as follows:
1. I was incarcerated on the protective custody unit of Warren Correctional Institution on Nov. 13, 2000. I was inmate # 237-744. I am currently incarcerated at the Van Wert county jail and am to be sentenced October 1, 2004.
2. I did not know Timothy Hancock and never personally talked to him.
3. Jason Wagner was a very wimpy type of guy and a strong wind would have blown him over. He was openly gay and the administration knew this. I would never have celled with him because he was gay and he wasn't clean. He wanted people to be his friend, so he would give away everything he had.
4. Everyone knew why Jason Wagner was in prison, we heard about his crime through the newspapers and TV.
5. On Nov. 13th 2000, Wagner had done something stupid and gotten into trouble. He was taken to the hole, which is the segregation unit on the protective custody unit.
6. My cell was on the upper range and faced into the Segregation unit so I could see what was going on in there.
7. Wagner was taken into the Segregation unit, but no one wanted to cell with him. The guards took him out of the hole and talked to him. Then Sgt Gross told Wagner he was going in there whether he liked it or not. I heard Wagner say three or four times he didn't want to cell with Tim.
I heard Sgt Gross tell Wagner he couldn't pick who he wanted his cellmate to be. The guards forced Wagner into Tim's cell.
8. Later, in the middle of the night, I was awake and pacing in my cell. I heard hollering coming from the Segregation unit and saw the guard run back there. The guard hit the "man down" button and then other guards came back to the segregation unit. Tim was taken out of his cell and given a cigarette. I heard from other inmates that Wagner had just been killed.
9. Later that night, I was taken in to the Sergeant's office and gave a statement to the Highway Patrol.
10. After Wagner was killed, Sgt Gross was transferred out of the protective custody unit.
11.I was never contacted by Tim's trial attorneys, and would have testified if asked as to the contents of this affidavit.
Further affiant sayeth naught.
Signed CARRIE K. LANE
September 17th 2004
Sworn to and subscribed in my presence, this the 17th day of September, 2004.
LINDA M SHEPPARD
NOTARY PUBLIC.
State of Ohio
My commission Expires on June 27th 2009.
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 10
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF SAM TAYLOR
State of Ohio
County of Fairfield
I, Sam Taylor, being duly sworn according to law as follows:
1. I am currently incarcerated at Southeastern Correctional Institution, inmate #469-300
2. I was housed in Warren Correctional from 1997 to 2003. On Nov 13th, 2000 I was being celled on the protective custody unit.
3. I never celled with Tim Hancock or Jason Wagner. I wouldn't want to cell with Tim because of his psych history. I wouldn't want to cell with Wagner because of his sexual activity.
4. Everyone knew of Wagner's crime from newspapers and TV.
5. Generally when a rapist or sex offender comes into prison, guards let inmates know and sometimes put their picture on the wall.
6. The first day Wagner came in he was being used for sexual purposes by other inmates. Inmates treated Wagner badly and made him eat faeces, shave his arms. Inmates would throw things at Wagner.
7. When the guards found out Wagner ate a shit sandwich they thought it was funny. they didn't tell any inmates to stop bothering Wagner.
8. Wagner hit on me while I was in Warren. I warned him to stay away from other inmates.
9. I talked to Tim Often in prison. He never had any problems with other inmates.
10.If Segregation was full, they put inmates in RTU or the general population segregation.
11. I saw inmates at Warren forced to cell together before and it usually ended up in a fight.
12.The guards would harass Wagner and called him names.
13. I was in the day room on Nov 13th, 2000 when the guards first took Wagner to the hole. Tim told them not to put him in his cell or he'd kill him. It was easy to hear Tim yell. They left Wagner on the range and went to talk to Dane who said put Wagner in the cell. They came back and put Wagner in the cell with Tim. Tim was still yelling not to put him in the cell.
14. I saw CO Red later that night running out of the hole. I figured Tim had killed Wagner. Then the investigators came in and talked to us.
15. I talked to the Highway Patrol but was never asked to talk to the prosecutor.
16. After the crime Dane and the other CO's would come into the block and stare down inmates to intimidate them into not talking.
17. I talked to an older man about Tim's case in the attorney room at Warren. He wanted me to talk to the prosecutor and asked me about Tim's medications. I didn't know anything about Tim's medications, except that sometimes he didn't take it.
18. When Tim took pills he seemed more under control than when he didn't.
19. I got a subpoena to testify, but was never taken to the court room. I would have testified if I was called.
20. I haven't talked to Tim since that day and I didn't know he was on death row until now.
21. People with psych histories aren't supposed to have cellmates. I don't think Tim should have had a cell mate.
Further Affiant Sayeth naught
Signed SAM TAYLOR # 469-300
20 August 2004
Sworn to and subscribed before me this the 20th day of August 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 11
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF SHANNON KIDD
State of Ohio
County of Warren
I, Shannon Kidd, being duly sworn according to law as follows:
1. I am currently incarcerated at Warren Correctional Institution, inmate 324-990. I have been here since August 28, 1996.
2. I never celled with Tim Hancock or Jason Wagner. I had only spoke with Tim once.
3. I had heard about Wagner's crime through the media. The guards would make comments about and to Wagner. Wagner wasn't liked by inmates because of his case.
4. Wagner was openly gay and offered to have sex with anyone for a cigarette.
5. On the day of the crime, 1st shift guards wouldn't put Wagner in Tim's cell. Later in the afternoon I was working by the gate and Tim came out to talk to a psych nurse named Frank. When Tim and Frank were walking back to Tim's cell Tim said that if they put Wagner in his cell he would kill him. Frank laughed and walked away. Tim asked me if I heard that and I said yes.
6. I went over to Wagner's door to ask what was going on and he said he didn't want to go in Tim's cell because Tim had threatened to hurt him.
7. Second shift came in, and I saw Officer Webber take off his ring,
WARREN COUNTY, OHIO EXHIBIT 2
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF TRAVIS HENDERLY
State of Ohio
County Lucas
I, Travis Henderly, being duly sworn according to law as follows:
1. I am currently incarcerated at Toledo Correctional Institution, inmate # 382 068
2. I was housed at Warren Correctional Institution from 2000-2002
3. Tim was transferred to Mansfield, and put straight into PC in Nov 2000. I never had any problems with Tim at Warren Correctional. I never celled with Tim, but we were both housed on the PC/Seg Unit.
4. I never celled with Jason Wagner. He would do anything inmates told him to do because he was scared they would hurt him. I heard from another inmates that Wagner ate a shit sandwich and had shit thrown on him by other inmates. He was on all kinds of medication and was not very smart.
5.Wagner would talk about his crime, and seemed proud of it.
6.Before my case, I loved in Lancaster just down the street from the Taggart family. We would say hello to each other, and I knew Ashley.
7 I had a separation order from Wagner because I had threatened to kill him.
8. When I was arrested for my case, I was in jail with Wagner's co-defendant, Danny Taylor. I was placed in the same cell with Taylor. There were no problems between Taylor and me, and he was moved soon to a different jail.
9. Wagner was openly gay and he had sex with Donald "Duck" Carson who was HIV positive. The guards put Wagner in Carson's cell for that reason.
10. The guards on the PC/Seg unit at WCI didn't like to put black and white inmates in the same cell.
11. When the PC/Seg was full they would house inmates in RTU or the Main Segregation area.
12. On Nov 13 2000, the guards said Wagner was coming back to the hole because he had called the judges daughter. Inmates Jones and Smith offered to cell with Wagner. Inmate Johnson refused because he doesn't cell with other people. Tim said not to put Wagner in Tim's cell. I told them to put me in a cell with Hancock and cell Wagner with my cellmate Franks. They said no, there wasn't going to be any trouble in this unit.
13. They took Wagner back to his cell, and later that afternoon brought him back to place in Tim's cell. Tim yelled that he would kill him if Wagner was placed in his cell. They forced Wagner in the cell anyway. Tim went to the psych nurse and told him he didn't want Wagner in the cell.
14. About an hour after mail call, Tim wiped his hands and said to call the police because this is one child molester not to worry about anymore. We asked what he meant and Tim said he was dead. We then called for Officer Kohlhurst, who came running and found Wagner dead. Officer Kohlhurst peed himself when he saw Wagner dead.
15.I gave a statement to the Ohio State Highway Patrol about Wagner's death. The guards told me if I said anything about what they did they would put me in the hole. I had already been in te hole and didn't care if I went back so I told the Highway Patrol what had happened. O also talked to the prosecutor about this case.
16. Three to four months after I talked to the police, the guards forced inmate Wes Howe into my cell even though I had a separation order from Howe. This was on the PC Unit at WCI. I was moved soon after to Marion Correctional Institution.
17. Since I signed a statement about the crime, I was later given a separation order from Hancock at Marion Correctional Institution.
18. I never talked to Tim's trial attorneys and didn't know I was listed as a possible defense witness.
19. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed Travis Henderly
6-22-04
Sworn to and subscribed before me this 22nd day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
EXHIBIT 2
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 3
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF DAVID EUGENE FRANKS
State of Ohio
County of Madison
I, David Eugene Franks, being duly sworn according to law as follows:
1. I am currently incarcerated at London Correctional Institution, inmate # 425 939
2. I was housed at Warren Correctional Institution for about 8 months in 2000, inmate # 269-956
3. I celled with Jason Wagner for about 2 weeks before I was moved to Segregation. He was homosexual and hit on me while he was my cell mate. Wagner was not smart.
4. I knew Wagner was a child molester from TV reports.
5. I never celled with Tim Hancock, but had a few brief conversations with him.
6. On Nov 13, 2000, I was housed 2 cells down from Tim's cell on segregation.
7. On the day of the crime the guard brought Wagner back to segregation and no one wanted to cell with him. Tim threatened Wagner if they put him in his cell.
8.They took Wagner back out to his cell, and the officer went to talk to a supervisor. About 15 or 30 minutes later they brought back Wagner to put him in the cell with Tim.
9. I didn't hear anything until Tim yelled for BJ and said to call the guards and that he killed the baby raping bastard.
10. I banged on my door and yelled for the guards, and they came back to segregation and found Wagner dead.
11. I talked to the Highway Patrol, but the paper they say is my interview isn't correct. Tim never agreed to let Wagner in his cell. I was never shown this statement and didn't sign it. I talked to them for longer than 13 minutes, probably 45 minutes.
12. At WCI, we are not allowed to smoke on segregation.
13. If segregation is full at WCI, they placed inmates on the main segregation or in RTU. I was placed on RTU segregation once.
14. No one wanted to cell with Wagner because of his crime and because he was a homosexual. Wagner had sex with Donald Carson who has AIDS.
15.I was never asked to talk to the prosecutor or to Tim's trial attorneys.
16. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed David Franks
6-25-04
Sworn to and subscribed before me this 25th day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 4
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF CONNER JONES
State of Ohio
County of Lucas
I, Conner Jones, being duly sworn according to law as follows:
1. I am currently incarcerated at Toledo Correctional Institution, inmate # 167-316
2. I was housed at Warren Correctional Institution from 1997 to after 2000.
3. I never had any problems with Tim at Warren Correctional. I never celled with Tim, but we were both housed on the PC/Seg Unit.
4. I never celled with Jason Wagner. I knew that he was a child molester by word of mouth from other inmates.
5. Wagner was openly gay. He had sex with Donald "Duck" Carson who had HIV, and the guards had in in Carson's cell for that purpose.
6.When the PC/Seg was full they would house inmates in RTU or the Main Segregation area.
7. On Nov 13, 2000, the guards brought Wagner back and I heard Tim yelling really loudly don't put him in here. Tim wasn't supposed to have cellmates, because someone higher up said he wasn't supposed to have one.
8. Capt. Dane placed Wagner in Tim's cell. The whole time Tim was yelling for them not to place Wagner in his cell.
9. Later that night I saw Officer Kohlhurst come running to Tim's cell, and then Capt. Best came in, and that's when I learned Wagner was dead.
10. I heard one guard say he was glad Wagner had been killed. This guard would come back to the unit afterwards asking, "Where's Wagner?" as a joke.
11. I gave a statement to the Ohio State Patrol about Wagner's death.
13. I was never asked to talk to the prosecutor or to Tim's trial attorneys.
14. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed CONNER JONES A167 316
6-22-04
Sworn to and subscribed before me this 22nd day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
WARREN COUNTY, OHIO EXHIBIT 5
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF MICHAEL MIDKIFF
State of Ohio
County of Pickaway
I, Michael Midkiff, being duly sworn according to law as follows:
1. I am currently incarcerated at Corrections Reception Center for a parole hearing which takes place tomorrow June 22 2004 I am inmate # 250 947
2. I was incarcerated at Warren Correctional Institution from 1999-2000.
3. On Nov 13, 2000 I was in cell 133 on the PC/Seg unit.
4. I didn't know Tim Hancock personally.
5. I spoke to Wagner a few times. He seemed to be a bit slow.
6. All of the guards and inmates knew about Wagner's crime. The guards were very rude to Wagner and often yelled at him.
7. Wagner was very open about his sexuality, and that made inmates uncomfortable.
8. I knew about Wagner's crime from seeing it on TV.
9. The day of the crime I heard Wagner say he didn't want to go in Tim's cell. Wagner sat down on the floor of PC refusing to go in the cell.
10. Then 2nd Shift officers came in and made Wagner go in Tim's cell.
11. I told my cellmate, Harris, that Wagner didn't want to go in Tim's cell.
12. I didn't hear anything until 3 or 4 am when the coroner came into the unit and I knew Wagner was dead.
13. I gave a statement to the Ohio State Patrol. I was never asked to talk to the prosecutor or to Tim's trial attorneys.
14. If asked, I would have testified to my knowledge of these events.
Further affiant sayeth naught
Signed MICHAEL MIDKIFF 250947
6-21-04
Sworn to and subscribed before me this 21ST day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
WARREN COUNTY, OHIO EXHIBIT 6
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF SHAWN L. KNIGHT
State of Ohio
County of Pickaway
I, Shawn L Knight, being duly sworn according to law as follows:
1. I am currently incarcerated at Corrections Reception Center, inmate 217 293
2. I was housed at Warren Correctional Institution from 1997-2002
3. I was housed in the LC Segregation Unit during my stay at WCI. I was on the 2nd level above the PC Unit.
4. I knew Tim and had played dungeons and dragons with him and we had worked out together. Tim was on medication while at WCI.
5. I knew Wagner. He was openly gay and a little weird. He talked about his crime, and blamed the other guy who was living with Wagner at the time.
6. The day of the crime, after lunch, the guards took Wagner out of his cell to move to PC. Tim said he didn't want him in there. They took Wagner back to his cell.
7. I was in the day room when they first tried to put Wagner in Tim's cell.
8. I could hear Tim yelling he didn't want Wagner in his cell.
9. The second shift came in and put Wagner in Tim's cell. I could tell Wagner didn't want to go in Tim's cell.
10. I didn't realize what happened until the next morning when I showed up for my job as range porter and I wasn't allowed back on the PC Unit.
11. I wouldn't talk to police or Wagner's family lawyers about what happened, because I didn't want to get stuck in that unit.
12. Tim's trial attorneys didn't ask to talk to me.
13. After the crime the guards didn't care Wagner was dead and said he had got what was coming to him.
14. I was surprised Tim did that to Wagner, because he didn't seem really violent.
Further affiant sayeth naught
Signed SHAWN L KNIGHT 217-293
6-21-04
Sworn to and subscribed before me this 21ST day of June 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
WARREN COUNTY, OHIO EXHIBIT 7
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF DONALD L CAIN
State of Ohio
County of Pickaway
I, Donald L Cain, being duly sworn according to law as follows:
1. I am inmate 371 653 and am currently incarcerated at Pickaway Correctional Institution.
2. I was housed at Warren Correctional Institution from Dec 3, 1999 to April 22 2004.
3. At the time of the crime I was in the cell next to Wagner before they took him to segregation. I was in Cell 135 and Wagner was in cell 136.
4. I had celled with Wagner in segregation prior to the crime. He gave me a ticket when he smoked in our cell in the hole then put the cigarettes on my bed, so I got a ticket from Officer Miller.
5. Wagner was picked on a lot by staff and inmates. The staff would tell other inmates he was a babyraper and he was retarded.
6. Everyone knew about his crime. The guards would tell inmates about his crime. Wagner would talk about his crime a lot. We saw it in newspapers and on TV.
7. Wagner talked about it when we celled together. He said he was on acid and took the little girl from a back yard. He duct taped her in an attic. He said his room mate was involved. He said the other little girl of his room mates in Florida was very sexual towards Wagner. He kept wanting to talk about it.
8. The guards told us Wagner's brother was in prison for the same type of crime.
9. Wagner messed around sexually with inmates from his first day in prison, basically with anyone that offered.
10. On segregation in Warren they double cell inmates, even if one is minimum security and one is maximum. They don't do that in Marion Correctional.
11. On the day of the crime they took Wagner to place in Segregation. I was gone when they brought him back to his cell.
12. When I came back to my cell, before shift change at 2, I saw Wagner back in the cell next to me. I asked him why he was back, he said, "they guy they tried to put him in there said he didn't want him in there and something would happen". I gave him a cigarette and he told me what had happened.
13. After shift change, later that evening they took him back to segregation. He had been back in his cell next to me a few hours.
14. I knew something had happened when mail didn't come. Then I saw them take Tim out, and the Warden and the Coroner come in. I wasn't surprised.
15. That was the only time I ever saw anyone forced into a cell where there was a threat on segregation. Usually they don't put inmates together if they say there is a problem.
16 A guard told me later that they gave Tim cigarettes after it happened.
17 I had never talked to Tim and I don't know him.
18 Wagner was on psych medication and was different every day
19 Everyone in the unit, including me talked to the Highway Patrol about what happened. I never was asked to sign a statement.
20 Tim's attorneys never contacted me. I would have testified if I had been asked, to the contents of this affidavit.
Further affiant sayeth naught
Signed DONALD CAIN 371-653
5-17-04
Sworn to and subscribed before me this 17th day of May 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 8
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF JOHN JORSTAD
State of Ohio
County of Warren
I, John Jorstad , being duly sworn according to law as follows:
1. I am currently incarcerated at Warren Correctional Institution, inmate # 322-089. I have been here since about 1999 and I have always been on the protective unit.
2.I didn't know Tim Hancock.
3. I had conversations with Jason Wagner but never celled with him. He was picked on quite a bit and he wasn't real smart. He would talk about his crime a lot. I knew what he was in for because he told me about the little girl. The guards would insult him too. Everyone knew Wagner was gay.
4. The day of this crime I was in cell 128, which is right outside the seg unit on the other side of the plexiglass. That afternoon I saw them take Wagner back to seg and he didn't want to go. I heard Tim yell that he didn't want Wagner put in his cell.
5.After Wagner was put in Tim's cell I watched TV and next thing I knew Tim was yelling for them to come get Wagner's body out of his cell.
6. I talked to the Highway Patrol a few months later, and my statement is accurate.
7. I never talked to the Prosecutor or Tim's trial attorneys
8. Just this year I was told I wouldn't have a cellmate because I was assaulted by my cellmate, then later they gave me cellmate.
9. If the PC-Seg Unit is full, they put inmates into RTU or on the main seg unit.
10. I would have testified, if asked, about my knowledge of these events.
Further affiant sayeth naught
Signed JOHN JORSTAD 332-089 5 October 04
5-17-04
Sworn to and subscribed before me this 5th day of October 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.
Section 147.03.RC
signed Wendi L Dotson
NOTARY PUBLIC
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 9
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF CARRIE K. LANE
State of Ohio
County of Van Wert
I, Carrie K Lane, being duly sworn according to law as follows:
1. I was incarcerated on the protective custody unit of Warren Correctional Institution on Nov. 13, 2000. I was inmate # 237-744. I am currently incarcerated at the Van Wert county jail and am to be sentenced October 1, 2004.
2. I did not know Timothy Hancock and never personally talked to him.
3. Jason Wagner was a very wimpy type of guy and a strong wind would have blown him over. He was openly gay and the administration knew this. I would never have celled with him because he was gay and he wasn't clean. He wanted people to be his friend, so he would give away everything he had.
4. Everyone knew why Jason Wagner was in prison, we heard about his crime through the newspapers and TV.
5. On Nov. 13th 2000, Wagner had done something stupid and gotten into trouble. He was taken to the hole, which is the segregation unit on the protective custody unit.
6. My cell was on the upper range and faced into the Segregation unit so I could see what was going on in there.
7. Wagner was taken into the Segregation unit, but no one wanted to cell with him. The guards took him out of the hole and talked to him. Then Sgt Gross told Wagner he was going in there whether he liked it or not. I heard Wagner say three or four times he didn't want to cell with Tim.
I heard Sgt Gross tell Wagner he couldn't pick who he wanted his cellmate to be. The guards forced Wagner into Tim's cell.
8. Later, in the middle of the night, I was awake and pacing in my cell. I heard hollering coming from the Segregation unit and saw the guard run back there. The guard hit the "man down" button and then other guards came back to the segregation unit. Tim was taken out of his cell and given a cigarette. I heard from other inmates that Wagner had just been killed.
9. Later that night, I was taken in to the Sergeant's office and gave a statement to the Highway Patrol.
10. After Wagner was killed, Sgt Gross was transferred out of the protective custody unit.
11.I was never contacted by Tim's trial attorneys, and would have testified if asked as to the contents of this affidavit.
Further affiant sayeth naught.
Signed CARRIE K. LANE
September 17th 2004
Sworn to and subscribed in my presence, this the 17th day of September, 2004.
LINDA M SHEPPARD
NOTARY PUBLIC.
State of Ohio
My commission Expires on June 27th 2009.
IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO EXHIBIT 10
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF SAM TAYLOR
State of Ohio
County of Fairfield
I, Sam Taylor, being duly sworn according to law as follows:
1. I am currently incarcerated at Southeastern Correctional Institution, inmate #469-300
2. I was housed in Warren Correctional from 1997 to 2003. On Nov 13th, 2000 I was being celled on the protective custody unit.
3. I never celled with Tim Hancock or Jason Wagner. I wouldn't want to cell with Tim because of his psych history. I wouldn't want to cell with Wagner because of his sexual activity.
4. Everyone knew of Wagner's crime from newspapers and TV.
5. Generally when a rapist or sex offender comes into prison, guards let inmates know and sometimes put their picture on the wall.
6. The first day Wagner came in he was being used for sexual purposes by other inmates. Inmates treated Wagner badly and made him eat faeces, shave his arms. Inmates would throw things at Wagner.
7. When the guards found out Wagner ate a shit sandwich they thought it was funny. they didn't tell any inmates to stop bothering Wagner.
8. Wagner hit on me while I was in Warren. I warned him to stay away from other inmates.
9. I talked to Tim Often in prison. He never had any problems with other inmates.
10.If Segregation was full, they put inmates in RTU or the general population segregation.
11. I saw inmates at Warren forced to cell together before and it usually ended up in a fight.
12.The guards would harass Wagner and called him names.
13. I was in the day room on Nov 13th, 2000 when the guards first took Wagner to the hole. Tim told them not to put him in his cell or he'd kill him. It was easy to hear Tim yell. They left Wagner on the range and went to talk to Dane who said put Wagner in the cell. They came back and put Wagner in the cell with Tim. Tim was still yelling not to put him in the cell.
14. I saw CO Red later that night running out of the hole. I figured Tim had killed Wagner. Then the investigators came in and talked to us.
15. I talked to the Highway Patrol but was never asked to talk to the prosecutor.
16. After the crime Dane and the other CO's would come into the block and stare down inmates to intimidate them into not talking.
17. I talked to an older man about Tim's case in the attorney room at Warren. He wanted me to talk to the prosecutor and asked me about Tim's medications. I didn't know anything about Tim's medications, except that sometimes he didn't take it.
18. When Tim took pills he seemed more under control than when he didn't.
19. I got a subpoena to testify, but was never taken to the court room. I would have testified if I was called.
20. I haven't talked to Tim since that day and I didn't know he was on death row until now.
21. People with psych histories aren't supposed to have cellmates. I don't think Tim should have had a cell mate.
Further Affiant Sayeth naught
Signed SAM TAYLOR # 469-300
20 August 2004
Sworn to and subscribed before me this the 20th day of August 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 11
STATE OF OHIO
PLAINTIFF-APPELLEE, CASE No. CR 00CR19073
-vs- Judge Bronson
Timothy L Hancock
Defendant-Appellant
AFFIDAVIT OF SHANNON KIDD
State of Ohio
County of Warren
I, Shannon Kidd, being duly sworn according to law as follows:
1. I am currently incarcerated at Warren Correctional Institution, inmate 324-990. I have been here since August 28, 1996.
2. I never celled with Tim Hancock or Jason Wagner. I had only spoke with Tim once.
3. I had heard about Wagner's crime through the media. The guards would make comments about and to Wagner. Wagner wasn't liked by inmates because of his case.
4. Wagner was openly gay and offered to have sex with anyone for a cigarette.
5. On the day of the crime, 1st shift guards wouldn't put Wagner in Tim's cell. Later in the afternoon I was working by the gate and Tim came out to talk to a psych nurse named Frank. When Tim and Frank were walking back to Tim's cell Tim said that if they put Wagner in his cell he would kill him. Frank laughed and walked away. Tim asked me if I heard that and I said yes.
6. I went over to Wagner's door to ask what was going on and he said he didn't want to go in Tim's cell because Tim had threatened to hurt him.
7. Second shift came in, and I saw Officer Webber take off his ring,
TIMOTHY HANCOCK MEDIA STORIES
TIMOTHY HANCOCK MEDIA STORIES
http://www.enquirer.com/editions/2001/12/17/loc_prison_violated.html
Monday, December 17, 2001
Prison violated inmate policy
Hancock case might have been prevented
By Sheila McLaughlinThe Cincinnati Enquirer
LEBANON — Timothy Hancock's guilt was decided this month when a jury rejected his insanity plea and convicted him of strangling his cellmate at Warren Correctional Institution.
But while a judge decides today whether Mr. Hancock should be put to death for killing child rapist Jason Wagner, a question that surfaced repeatedly at the trial remains unanswered: Does the prison bear any blame?
Interviews, prison records and court testimony show the prison staff violated state policy by failing to perform a required check of Mr. Hancock's mental health file to determine whether he could be celled safely with another prisoner.
Lawyer weighs in In addition, statements from Mr. Hancock and other inmates indicate corrections officers disregarded threats from Mr. Hancock that he would harm Mr. Wagner.
“Tim Hancock and Jason Wagner should have never been in (the) same cell together,” said Patrick Long, one of two lawyers who represented Mr. Hancock at trial.
“It's not a defense to an aggravated murder. But I felt it was a good argument why he should not get the death penalty.”
He contends that prison officials have “blood on their hands” because they did not review the mental health file on Mr. Hancock that indicated the psychotic convicted killer was a threat to Mr. Wagner.
Files weren't reviewed Mr. Hancock's prison mental health records, which were submitted as trial evidence, indicate that he was molested as a child, had an 11-year documented history of mental illness, and had made threats to kill another cellmate in the past.
State corrections procedures suggest that child molesters should not be celled with victims of sexual abuse. However, a mentally ill inmate can be placed with another prisoner under certain circumstances, said Andrea Dean, spokeswoman for the Ohio Department of Rehabilitation and Correction.
Mr. Hancock said he tied up and killed Mr. Wagner on Nov. 13, 2000, after Mr. Wagner bragged about the 1999 abduction, rape and attempted murder of a 3-year-old Lancaster girl and made a sexual overture while the two played cards.
WCI officials dispute they are responsible in Mr. Wagner's death, but Warden Anthony Brigano acknowledged that corrections staff did not check Mr. Hancock's mental health file.
State corrections policy requires a corrections supervisor to review all the inmate's prison files, including mental health records, before the inmate can be double-celled in the segregation unit, which is used for discipline.
“That did not happen. Those files weren't pulled,” he told the Enquirer in an interview last week.
Capt. Dan Dane, who was responsible for conducting the review, told his supervisors after the killing that he had checked all other relevant files except Mr. Hancock's mental health record, Mr. Brigano said.
Psychological records are considered confidential, but corrections staff are required to check with a prison mental health professional for a review of the file, he said.
“It was reviewed over the next couple of days (after Mr. Wagner's death) by mental health staff, but they didn't see any mental health red flags,” Mr. Brigano said. “It would have come out the same way.”
In addition, WCI policy requires the corrections supervisor to complete an in-house form confirming that the records reviews were completed. However, Capt. Dane did not complete the form on Mr. Hancock.
Mr. Brigano defended the actions of his corrections staff on Nov. 13.
“Regardless of what we do and don't do, I don't think it gives the inmate the OK to go ahead and kill someone else,” he said.
An in-house investigator conducted an internal review of the staff's actions that night, and no disciplinary action was taken, Mr. Brigano said.
However, 14 days after Mr. Wagner died, Mr. Brigano clarified the double-celling policy for segregated inmates in a staff memo and added another level of review as a precaution.
The latest policy requires a count officer, whose job it is to keep tabs on all inmates in the facility, to make sure that the double-celling form is completed and that all records were reviewed.
Prison officials said they celled Mr. Wagner with Mr. Hancock on Nov. 13 because there were no other cells available that day in the six-cell segregation unit. At the time, the prison was nearly double its capacity.
Mr. Hancock had been in Cell 127 for several days after he committed a rules infraction by refusing to cell with another inmate in the general cell block of protective custody, Warden Brigano said.
Mr. Wagner was sent to segregation the afternoon of Nov. 13 after he was caught making sexually explicit collect phone calls to the teen-aged daughter of a Dayton, Ohio, judge.
By 2:30 p.m., Mr. Wagner and Mr. Hancock were sharing a cell. A short time later, Mr. Hancock asked to talk to a psychiatric nurse because he didn't want a cellmate and feared that Mr. Wagner might have AIDS. The nurse persuaded Mr. Hancock to remain in the cell with Mr. Wagner. By midnight, Mr. Wagner was dead.
In court testimony, several corrections officers said neither inmate objected to the arrangement.
However, in letters to the Enquirer before his trial and in statements he made to state troopers investigating the homicide, Mr. Hancock said he initially refused to take Mr. Wagner into his cell and threatened to harm him. Mr. Hancock said he later relented after guards threatened to douse him with pepper spray or Mace.
Inmates in an adjoining protective custody cell block said they heard Mr. Hancock making threats.
Warden Brigano disputed that inmates could have overheard anything because the two areas are separated by a Plexiglas wall.
But Mr. Long said the Plexiglas has holes in it and the inmates he interviewed were adamant that they could hear through the wall.
“Hancock told the CO's (corrections officers), if you put him in here with me, I'm going to kill him,” inmate Frank Robinson told Trooper L.T. McCormick two months after the killing.
“They knew this, and put him in there anyway. ... I couldn't sleep all night because I had a bad feeling about it.”
Inmate Todd Torok told the trooper that Mr. Wagner feared for his life and expressed concerns to a corrections supervisor.
“I heard Wagner say, "I don't want to go in the cell with Hancock.' He said "Hancock is going to kill me,'” he told Trooper McCormick.
http://www.enquirer.com/editions/2001/11/26/loc_man_could_get_death.html
Monday, November 26, 2001
Man could get death penalty in jail killing
Today's trial centers on insanity angle
By Sheila McLaughlinThe Cincinnati Enquirer
Timothy Hancock does not deny that he strangled his cellmate while the two were in protective custody last November at Warren Correctional Institution. But his lawyers say he was insane when he killed Jason Wagner, a child molester serving a sentence of 44 years to life in the 1999 kidnapping and attempted murder of a 3-year-old girl in Lancaster, Ohio.
That will be the focus today as the death penalty case against Mr. Hancock opens in a Lebanon courtroom. The trial is expected to last two weeks.
Mr. Hancock, 31, — who earlier avoided a capital case in a plea bargain involving the 1989 killing of a female family friend — could be spared the death penalty again if the jury agrees with argument.
“This trial is going to be about whether or not Tim Hancock knew the wrongfulness of his actions,” said Donald Oda II, one of two attorneys appointed to represent Mr. Hancock.
“The issue of the trial is not going to be who did it. If you put two people in cell and a few hours later one of them is dead, that's not the issue.”
In statements to investigators and in letters to the Enquirer and others shared by a relative, Mr. Hancock said he “snapped” when he strangled Mr. Wagner, 25, with a piece of bedsheet on Nov. 13, 2000.
Mr. Hancock detailed the killing in a letter to his niece.
Mr. Hancock said he became enraged when he and Mr. Wagner were playing cards because Mr. Wagner bragged about the abduction and molestation of 3-year-old Ashley Taggart of Lancaster, and the abuse of other children.
Ashley was found bound and gagged in Mr. Wagner's attic four days after she disappeared from her nearby back yard. Mr. Wagner had served time in prison in 1994 and 1996 for sex crimes involving a 4-year-old and a 12-year-old.
Mr. Hancock wrote that he tricked Mr. Wagner into faking a hostage incident in a plot to have Mr. Wagner removed from the cell.
“I tied him with 4 way (sic) restraints (both hands and feet) with a noose on his neck — I was so (expletive) over all the (expletive) that I snapped. I told him I tricked him like he did that little girl and then I killed him,” Mr. Hancock wrote to his niece.
A guard found Mr. Wagner dead in the cell shortly before midnight. Cause of death was ruled homicide by ligature strangulation.
Mr. Hancock said he warned guards against placing Mr. Wagner in his segregated cell in protective cus tody, and even threatened to hurt Mr. Wagner.
Mr. Hancock, who is serving a sentence of 24 years to life in the 1989 homicide, said he was not supposed to have a cellmate because he had received threats from members of the Aryan Brotherhood in another prison.
He said he gave in and allowed Mr. Wagner in the cell after guards threatened to douse him with pepper spray.
Prison officials have declined to talk about what led to the killing or the cell arrangement because of the criminal investigation.
Harry Russell, warden of Lebanon Correctional Institution where Mr. Hancock now is incarcerated, denied the Enquirer permission to interview Mr. Hancock.
Warren County Prosecutor Tim Oliver declined to comment on the case, saying it was too close to trial. The indictment alleges that Mr. Hancock planned the killing.
If convicted, Mr. Hancock could be the second Warren County de fendant to receive the death penalty since 1907. Jurors last recommended death in 1998 for James Hanna, who killed his cellmate at Lebanon Correctional Institution.
The county has sought the death penalty unsuccessfully seven other times since 1985. The most recent case was that of Jeffrey Bornhoeft, a 31-year-old Mason father of three found not guilty by reason of insanity a year ago in the killing of his ex-wife's new husband.
http://www.channelcincinnati.com/news/2573760/detail.html
Prisoner Gets Death Sentence For Killing Cellmate
Judge Changes Sentence From Life In Prison
LEBANON, Ohio -- A prisoner convicted of strangling his cellmate has been sentenced to be executed, two years after he initially got a life sentence and prosecutors appealed to demand stiffer punishment.
Timothy Hancock's death sentence will be automatically appealed to the Ohio Supreme Court, as is required in capital cases.
Hancock, 33, was convicted of the Nov. 13, 2000, slaying of cellmate Jason Wagner, 25, of Lancaster. They shared a cell at Warren Correctional Institution near Lebanon, about 25 miles north of Cincinnati.
Hancock already was serving a life term for a 1990 murder.
Warren County Common Pleas Judge Neal Bronson on Tuesday sentenced Hancock to execution. In 2001, the same judge had rejected a jury's recommendation that Hancock be sentenced to death.
Bronson said then that he could not accept the jury's recommendation because his court staff allowed jurors to see potentially inflammatory evidence while they deliberated.
He said his staff "inadvertently and inappropriately" gave jurors courtroom evidence that included pictures of Wagner after his death, the ligature used to strangle him and audiotapes of statements Hancock made to investigators.
Defense lawyers argued that was improper. They also argued that prison officials were at fault for putting the two prisoners in the same cell, because Hancock had a history of mental illness and was molested as a child. Jurors rejected Hancock's plea of insanity.
Prison officials said no other cells were available on the day Wagner was killed. They denied any responsibility for Wagner's death.
Copyright 2003 by ChannelCincinnati.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
12/02/2001
LEBANON, OhioDoctor: Defendant driven by paranoia in cell slaying --(Dayton Daily News)-- Rather than a human being, Timothy Hancock perceived Jason Wagner as an object and himself as an "angel" directed by God to kill the convicted child molester after he was moved into Hancock's cell at Warren Correctional Institution, a psychiatrist hired by the defense said Friday.
http://www.prodeathpenalty.com/repeat_murder.htm
10/2003 - OhioPrison Inmate Gets Death Sentence In Strangling An Ohio prisoner convicted of strangling his cellmate will be executed. The prisoner, Timothy Hancock, 33, initially got a life sentence for the November 2000 slaying. However, Warren County prosecutors appealed to demand stiffer punishment, and a new sentencing was ordered. Hancock's death sentence will be automatically appealed to the Ohio Supreme Court, which is required in capital cases. Hancock was convicted two years ago of killing Jason Wagner, 25,of Lancaster. They shared a cell at Warren Correctional Institution near Lebanon. Hancock was serving a life term for a 1990 murder.
http://www.enquirer.com/editions/2000/11/15/loc_little_girls.html
Little girl's kidnapper strangled in his cell
By Sheila McLaughlinThe Cincinnati Enquirer
TURTLECREEK TWP. — A Lancaster, Ohio, man convicted of kidnapping a 3-year-old and holding her hostage in his attic last year has been found strangled in his prison cell at Warren Correctional Institution.
A corrections officer making routine checks found the body of Jason E. Wagner, 25, shortly before midnight Monday in the protective custody section, the Ohio State Highway Patrol said.
Joe Andrews, spokesman for the Ohio Department of Rehabilitation and Correction, said Mr. Wagner had been locked down for the night with his cellmate, Timothy L. Hancock, 30, since about 9:30 p.m. Monday.
State troopers investigating the slaying said they have questioned a suspect but have not filed any charges against the prisoner. Sgt. Gary Lewis declined to identify the suspect or confirm it was the cellmate.
“We have a suspect, and basically we have to present information to a prosecutor and let him make the determination,” Sgt. Lewis said.
The cellmate, Mr. Hancock, has spent the past 10 years in prison and is serving 24 years to life on charges of aggravated murder and felonious assault in Allen County, corrections records show. Mr. Andrews declined to say why Mr. Hancock was in protective custody, saying that information is confidential by law.
Warren County Prosecutor Tim Oliver said he was given few details about the case but expects it will be taken directly to a grand jury because the suspect already is in custody.
Mr. Wagner was among 120 inmates in the protective custody pod at WCI. He was placed in the wing March 9 — a week after his arrival at the prison — because of the nature of his crime, Mr. Andrews said.
He said that there was no history of trouble between Mr. Wagner and Mr. Hancock and that Mr. Wagner had not posed any disciplinary problems at the prison.
Mr. Wagner, who had a history of sex offenses involving children, was sentenced in February to serve 44 years to life in prison for taking Ashley Taggart from her yard in Lancaster, about 30 miles east of Columbus.
Volunteers searched for four days before police found the girl, bound and gagged but alive, in an attic in a rented house where Mr. Wagner was staying about 100 yards from her home.
Mr. Wagner pleaded guilty to charges that included kidnapping, felonious assault, attempted murder and child endangering.
Ashley's grandmother, Pam Echard, said she learned of Mr. Wagner's death about 9:30 a.m. Tuesday from a Columbus TV reporter. She expressed relief.
“It's ended, and he's gone. ... It was a relief when (Mr. Wagner) was sentenced and sent to prison,” Mrs. Echard said. “Now it's more like closure, knowing he will never, ever hurt anyone else again.”
Hollie Saunders of Gannett News Service contributed to this report.
http://www.enquirer.com/editions/2001/12/17/loc_prison_violated.html
Monday, December 17, 2001
Prison violated inmate policy
Hancock case might have been prevented
By Sheila McLaughlinThe Cincinnati Enquirer
LEBANON — Timothy Hancock's guilt was decided this month when a jury rejected his insanity plea and convicted him of strangling his cellmate at Warren Correctional Institution.
But while a judge decides today whether Mr. Hancock should be put to death for killing child rapist Jason Wagner, a question that surfaced repeatedly at the trial remains unanswered: Does the prison bear any blame?
Interviews, prison records and court testimony show the prison staff violated state policy by failing to perform a required check of Mr. Hancock's mental health file to determine whether he could be celled safely with another prisoner.
Lawyer weighs in In addition, statements from Mr. Hancock and other inmates indicate corrections officers disregarded threats from Mr. Hancock that he would harm Mr. Wagner.
“Tim Hancock and Jason Wagner should have never been in (the) same cell together,” said Patrick Long, one of two lawyers who represented Mr. Hancock at trial.
“It's not a defense to an aggravated murder. But I felt it was a good argument why he should not get the death penalty.”
He contends that prison officials have “blood on their hands” because they did not review the mental health file on Mr. Hancock that indicated the psychotic convicted killer was a threat to Mr. Wagner.
Files weren't reviewed Mr. Hancock's prison mental health records, which were submitted as trial evidence, indicate that he was molested as a child, had an 11-year documented history of mental illness, and had made threats to kill another cellmate in the past.
State corrections procedures suggest that child molesters should not be celled with victims of sexual abuse. However, a mentally ill inmate can be placed with another prisoner under certain circumstances, said Andrea Dean, spokeswoman for the Ohio Department of Rehabilitation and Correction.
Mr. Hancock said he tied up and killed Mr. Wagner on Nov. 13, 2000, after Mr. Wagner bragged about the 1999 abduction, rape and attempted murder of a 3-year-old Lancaster girl and made a sexual overture while the two played cards.
WCI officials dispute they are responsible in Mr. Wagner's death, but Warden Anthony Brigano acknowledged that corrections staff did not check Mr. Hancock's mental health file.
State corrections policy requires a corrections supervisor to review all the inmate's prison files, including mental health records, before the inmate can be double-celled in the segregation unit, which is used for discipline.
“That did not happen. Those files weren't pulled,” he told the Enquirer in an interview last week.
Capt. Dan Dane, who was responsible for conducting the review, told his supervisors after the killing that he had checked all other relevant files except Mr. Hancock's mental health record, Mr. Brigano said.
Psychological records are considered confidential, but corrections staff are required to check with a prison mental health professional for a review of the file, he said.
“It was reviewed over the next couple of days (after Mr. Wagner's death) by mental health staff, but they didn't see any mental health red flags,” Mr. Brigano said. “It would have come out the same way.”
In addition, WCI policy requires the corrections supervisor to complete an in-house form confirming that the records reviews were completed. However, Capt. Dane did not complete the form on Mr. Hancock.
Mr. Brigano defended the actions of his corrections staff on Nov. 13.
“Regardless of what we do and don't do, I don't think it gives the inmate the OK to go ahead and kill someone else,” he said.
An in-house investigator conducted an internal review of the staff's actions that night, and no disciplinary action was taken, Mr. Brigano said.
However, 14 days after Mr. Wagner died, Mr. Brigano clarified the double-celling policy for segregated inmates in a staff memo and added another level of review as a precaution.
The latest policy requires a count officer, whose job it is to keep tabs on all inmates in the facility, to make sure that the double-celling form is completed and that all records were reviewed.
Prison officials said they celled Mr. Wagner with Mr. Hancock on Nov. 13 because there were no other cells available that day in the six-cell segregation unit. At the time, the prison was nearly double its capacity.
Mr. Hancock had been in Cell 127 for several days after he committed a rules infraction by refusing to cell with another inmate in the general cell block of protective custody, Warden Brigano said.
Mr. Wagner was sent to segregation the afternoon of Nov. 13 after he was caught making sexually explicit collect phone calls to the teen-aged daughter of a Dayton, Ohio, judge.
By 2:30 p.m., Mr. Wagner and Mr. Hancock were sharing a cell. A short time later, Mr. Hancock asked to talk to a psychiatric nurse because he didn't want a cellmate and feared that Mr. Wagner might have AIDS. The nurse persuaded Mr. Hancock to remain in the cell with Mr. Wagner. By midnight, Mr. Wagner was dead.
In court testimony, several corrections officers said neither inmate objected to the arrangement.
However, in letters to the Enquirer before his trial and in statements he made to state troopers investigating the homicide, Mr. Hancock said he initially refused to take Mr. Wagner into his cell and threatened to harm him. Mr. Hancock said he later relented after guards threatened to douse him with pepper spray or Mace.
Inmates in an adjoining protective custody cell block said they heard Mr. Hancock making threats.
Warden Brigano disputed that inmates could have overheard anything because the two areas are separated by a Plexiglas wall.
But Mr. Long said the Plexiglas has holes in it and the inmates he interviewed were adamant that they could hear through the wall.
“Hancock told the CO's (corrections officers), if you put him in here with me, I'm going to kill him,” inmate Frank Robinson told Trooper L.T. McCormick two months after the killing.
“They knew this, and put him in there anyway. ... I couldn't sleep all night because I had a bad feeling about it.”
Inmate Todd Torok told the trooper that Mr. Wagner feared for his life and expressed concerns to a corrections supervisor.
“I heard Wagner say, "I don't want to go in the cell with Hancock.' He said "Hancock is going to kill me,'” he told Trooper McCormick.
http://www.enquirer.com/editions/2001/11/26/loc_man_could_get_death.html
Monday, November 26, 2001
Man could get death penalty in jail killing
Today's trial centers on insanity angle
By Sheila McLaughlinThe Cincinnati Enquirer
Timothy Hancock does not deny that he strangled his cellmate while the two were in protective custody last November at Warren Correctional Institution. But his lawyers say he was insane when he killed Jason Wagner, a child molester serving a sentence of 44 years to life in the 1999 kidnapping and attempted murder of a 3-year-old girl in Lancaster, Ohio.
That will be the focus today as the death penalty case against Mr. Hancock opens in a Lebanon courtroom. The trial is expected to last two weeks.
Mr. Hancock, 31, — who earlier avoided a capital case in a plea bargain involving the 1989 killing of a female family friend — could be spared the death penalty again if the jury agrees with argument.
“This trial is going to be about whether or not Tim Hancock knew the wrongfulness of his actions,” said Donald Oda II, one of two attorneys appointed to represent Mr. Hancock.
“The issue of the trial is not going to be who did it. If you put two people in cell and a few hours later one of them is dead, that's not the issue.”
In statements to investigators and in letters to the Enquirer and others shared by a relative, Mr. Hancock said he “snapped” when he strangled Mr. Wagner, 25, with a piece of bedsheet on Nov. 13, 2000.
Mr. Hancock detailed the killing in a letter to his niece.
Mr. Hancock said he became enraged when he and Mr. Wagner were playing cards because Mr. Wagner bragged about the abduction and molestation of 3-year-old Ashley Taggart of Lancaster, and the abuse of other children.
Ashley was found bound and gagged in Mr. Wagner's attic four days after she disappeared from her nearby back yard. Mr. Wagner had served time in prison in 1994 and 1996 for sex crimes involving a 4-year-old and a 12-year-old.
Mr. Hancock wrote that he tricked Mr. Wagner into faking a hostage incident in a plot to have Mr. Wagner removed from the cell.
“I tied him with 4 way (sic) restraints (both hands and feet) with a noose on his neck — I was so (expletive) over all the (expletive) that I snapped. I told him I tricked him like he did that little girl and then I killed him,” Mr. Hancock wrote to his niece.
A guard found Mr. Wagner dead in the cell shortly before midnight. Cause of death was ruled homicide by ligature strangulation.
Mr. Hancock said he warned guards against placing Mr. Wagner in his segregated cell in protective cus tody, and even threatened to hurt Mr. Wagner.
Mr. Hancock, who is serving a sentence of 24 years to life in the 1989 homicide, said he was not supposed to have a cellmate because he had received threats from members of the Aryan Brotherhood in another prison.
He said he gave in and allowed Mr. Wagner in the cell after guards threatened to douse him with pepper spray.
Prison officials have declined to talk about what led to the killing or the cell arrangement because of the criminal investigation.
Harry Russell, warden of Lebanon Correctional Institution where Mr. Hancock now is incarcerated, denied the Enquirer permission to interview Mr. Hancock.
Warren County Prosecutor Tim Oliver declined to comment on the case, saying it was too close to trial. The indictment alleges that Mr. Hancock planned the killing.
If convicted, Mr. Hancock could be the second Warren County de fendant to receive the death penalty since 1907. Jurors last recommended death in 1998 for James Hanna, who killed his cellmate at Lebanon Correctional Institution.
The county has sought the death penalty unsuccessfully seven other times since 1985. The most recent case was that of Jeffrey Bornhoeft, a 31-year-old Mason father of three found not guilty by reason of insanity a year ago in the killing of his ex-wife's new husband.
http://www.channelcincinnati.com/news/2573760/detail.html
Prisoner Gets Death Sentence For Killing Cellmate
Judge Changes Sentence From Life In Prison
LEBANON, Ohio -- A prisoner convicted of strangling his cellmate has been sentenced to be executed, two years after he initially got a life sentence and prosecutors appealed to demand stiffer punishment.
Timothy Hancock's death sentence will be automatically appealed to the Ohio Supreme Court, as is required in capital cases.
Hancock, 33, was convicted of the Nov. 13, 2000, slaying of cellmate Jason Wagner, 25, of Lancaster. They shared a cell at Warren Correctional Institution near Lebanon, about 25 miles north of Cincinnati.
Hancock already was serving a life term for a 1990 murder.
Warren County Common Pleas Judge Neal Bronson on Tuesday sentenced Hancock to execution. In 2001, the same judge had rejected a jury's recommendation that Hancock be sentenced to death.
Bronson said then that he could not accept the jury's recommendation because his court staff allowed jurors to see potentially inflammatory evidence while they deliberated.
He said his staff "inadvertently and inappropriately" gave jurors courtroom evidence that included pictures of Wagner after his death, the ligature used to strangle him and audiotapes of statements Hancock made to investigators.
Defense lawyers argued that was improper. They also argued that prison officials were at fault for putting the two prisoners in the same cell, because Hancock had a history of mental illness and was molested as a child. Jurors rejected Hancock's plea of insanity.
Prison officials said no other cells were available on the day Wagner was killed. They denied any responsibility for Wagner's death.
Copyright 2003 by ChannelCincinnati.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
12/02/2001
LEBANON, OhioDoctor: Defendant driven by paranoia in cell slaying --(Dayton Daily News)-- Rather than a human being, Timothy Hancock perceived Jason Wagner as an object and himself as an "angel" directed by God to kill the convicted child molester after he was moved into Hancock's cell at Warren Correctional Institution, a psychiatrist hired by the defense said Friday.
http://www.prodeathpenalty.com/repeat_murder.htm
10/2003 - OhioPrison Inmate Gets Death Sentence In Strangling An Ohio prisoner convicted of strangling his cellmate will be executed. The prisoner, Timothy Hancock, 33, initially got a life sentence for the November 2000 slaying. However, Warren County prosecutors appealed to demand stiffer punishment, and a new sentencing was ordered. Hancock's death sentence will be automatically appealed to the Ohio Supreme Court, which is required in capital cases. Hancock was convicted two years ago of killing Jason Wagner, 25,of Lancaster. They shared a cell at Warren Correctional Institution near Lebanon. Hancock was serving a life term for a 1990 murder.
http://www.enquirer.com/editions/2000/11/15/loc_little_girls.html
Little girl's kidnapper strangled in his cell
By Sheila McLaughlinThe Cincinnati Enquirer
TURTLECREEK TWP. — A Lancaster, Ohio, man convicted of kidnapping a 3-year-old and holding her hostage in his attic last year has been found strangled in his prison cell at Warren Correctional Institution.
A corrections officer making routine checks found the body of Jason E. Wagner, 25, shortly before midnight Monday in the protective custody section, the Ohio State Highway Patrol said.
Joe Andrews, spokesman for the Ohio Department of Rehabilitation and Correction, said Mr. Wagner had been locked down for the night with his cellmate, Timothy L. Hancock, 30, since about 9:30 p.m. Monday.
State troopers investigating the slaying said they have questioned a suspect but have not filed any charges against the prisoner. Sgt. Gary Lewis declined to identify the suspect or confirm it was the cellmate.
“We have a suspect, and basically we have to present information to a prosecutor and let him make the determination,” Sgt. Lewis said.
The cellmate, Mr. Hancock, has spent the past 10 years in prison and is serving 24 years to life on charges of aggravated murder and felonious assault in Allen County, corrections records show. Mr. Andrews declined to say why Mr. Hancock was in protective custody, saying that information is confidential by law.
Warren County Prosecutor Tim Oliver said he was given few details about the case but expects it will be taken directly to a grand jury because the suspect already is in custody.
Mr. Wagner was among 120 inmates in the protective custody pod at WCI. He was placed in the wing March 9 — a week after his arrival at the prison — because of the nature of his crime, Mr. Andrews said.
He said that there was no history of trouble between Mr. Wagner and Mr. Hancock and that Mr. Wagner had not posed any disciplinary problems at the prison.
Mr. Wagner, who had a history of sex offenses involving children, was sentenced in February to serve 44 years to life in prison for taking Ashley Taggart from her yard in Lancaster, about 30 miles east of Columbus.
Volunteers searched for four days before police found the girl, bound and gagged but alive, in an attic in a rented house where Mr. Wagner was staying about 100 yards from her home.
Mr. Wagner pleaded guilty to charges that included kidnapping, felonious assault, attempted murder and child endangering.
Ashley's grandmother, Pam Echard, said she learned of Mr. Wagner's death about 9:30 a.m. Tuesday from a Columbus TV reporter. She expressed relief.
“It's ended, and he's gone. ... It was a relief when (Mr. Wagner) was sentenced and sent to prison,” Mrs. Echard said. “Now it's more like closure, knowing he will never, ever hurt anyone else again.”
Hollie Saunders of Gannett News Service contributed to this report.
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