Affidavit of Tracy Wagner

I, Tracy Wagner, being duly sworn according to law states as follows:

1. I am currently incarcerated at the Southern Ohio Correctional Facility, inmate # 394-833
2. Jason Wagner is my older brother.
3. I was raised in a foster home from age 3 to 7. Then I was in institutions from age 7-18.
4. I didn't meet Jason until we met in county jail in 1999.
5. I was housed in Warren Correctional Institution in 2000. Jason was in Protective Custody at Warren at that time.
6. I never saw my brother at Warren Correctional.
7. At the time of my brothers death I was on Residential Treatment Unit Warren Correctional.
8. Before my brother died, the Correctional Officer's would tell me about things people were doing to Jason. They told me he was forced to eat faeces. They asked me how I felt about him and if I cared for Jason.
9. I tried to get my brothers inmate number to write him and looked for him on recreation, but never contacted him or saw him.
10. About two weeks before Jason died, an inmate told me Jason was suicidal. I told the psych nurse this to help him. She said he was fine.
11. A few days before Jason died, two white shirts from Protective Custody Unit came to my cell and physically assaulted me.
12. The night my brother died, the guards and a psych nurse woke me up before breakfast and told me he had been killed. They didn't go into any detail. They let me call my sister and smoke a cigarette. Then I returned to my cell. The doctor injected me with sedatives.
13. About a week later, I was moved to Mansfield Correctional, then I was moved here to SOCF.
14. After Jason's death, Tim Hancock was moved to SOCF. One day we were placed in the rec cages next to each other. We cussed at each other and had a confrontation. I think they placed Tim in the rec cage next to me on purpose to harass me.
15. Tim told people my case was the same as my brother's and that I was a "baby raper". My case did not involve any crime against children.
16. Tim was moved out on PC status shortly later. I had asked for PC status and was refused.
17. I was ticket free for 8 months before Tim was here. Ever since then I have been harassed by guards and inmates.
18. Correctional Officer's at SOCF tell other inmates I am a baby raper like my brother. Guards have threatened me 6 or 7 times that I am going to be killed like my brother. I have filed complaints about this. They have also thrown my food trays and told me they spit in my food.
19. I am also harassed by inmates who think I'm in here for the same crime as my brother. I don't even go to rec any more to avoid inmates. I have had urine and faeces thrown at me.
20. I do not believe Tim is the only one responsible for my brother's death. I think the prison guards shouldn't have put him in Tim's cell and should be held responsible.
21. I was never contacted by either the prosecutor or the defense attorneys in Tim's case.
22. I don't believe Tim should have a death sentence for this case.
23. I would have testified for the defense if they had called me.

Further Affiant Sayeth naught

Signed Tracy Wagner 339-833 8/24/04
Sworn to and subscribed before me this 24th day of August 2004
Wendi L Dotson Attorney at Law, Notary Public, State of Ohio. My commission has no expiration date.Section 147.03.RC