Affidavits of Inmates

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 lived 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.
12. I was never asked to talk to the prosecutor or to Tim's trial attorneys.
13. 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.
8. 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.
9. 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.
10. Later that night, I was taken in to the Sergeant's office and gave a statement to the Highway Patrol.
11. After Wagner was killed, Sgt Gross was transferred out of the protective custody unit.
12. 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,