Judge allows testimony against man accused in 8 Ohio deaths

COLUMBUS, Ohio — An Ohio man who has admitted to killing five members from a single family will be allowed to testify at the death penalty trial of his brother, who is charged in the same crime, according to a judge's ruling Tuesday.

Jake Wagner pleaded guilty last year in the shootings, admitting to killing five of the victims as part of a plea deal with prosecutors that spared him from being sentenced to death. Wagner's mother, Angela Wagner, also pleaded guilty to helping plan the slayings. Jake Wagner isn't in a position to testify truthfully because he faces the death penalty if he doesn't strictly obey the terms of his plea deal, Parker said. “Our right to confrontation is more or less meaningless because he’s got a script he has to follow,” he said.

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