What the State Suppressed about Eric Horn

Suppressed police records relating to Jeffrey Wogenstahl’s case reveal much about Eric Horn (brother of the victim, Amber Garrett).

The records show that two weeks before Amber disappeared, Horn said that he hated his sister and wished she was dead;* another document notes that he was seen with a knife**.

Moreover, Horn had been arrested for trafficking in marijuana six months before Jeff’s trial. The prosecution suppressed not only this, but also a subsequent reduction in the charges that Horn faced. Without any hearing or paperwork, his felony was reduced to a misdemeanor, for which he was fined and placed on probation. A month before Jeff’s trial, Horn’s probation was ended anonymously, by a visiting judge. ***

The suppressed records also impeach the testimony that Horn gave at Jeff’s trial. Horn told the court that he left his mother’s apartment only between 3.00 and 3.30 on November 24, 1991. However, the records include both a witness statement placing him away from the apartment at 2.30 a.m; and a report that he left the apartment at 3.30 and returned at 5.00.****

The prosecution likewise suppressed Horn’s inconsistent statements concerning Jeff’s clothing. At the trial, Horn identified a brown leather jacket (given significance by the prosecution) as the one worn by Jeff; however, this conflicts with records in which Horn describes both “a wine colored windbreaker type jacket” and (under hypnosis), “Possibly wht Sweater +jeans”. . . .†

Also suppressed was the report of Horn’s polygraph examination, which shows “significant emotional and physiological disturbances indicative of deception”.

As with Peggy Garrett’s testimony, the state suppressed information that Horn’s testimony resulted from unauthorized hypnosis, which rendered it inadmissible in its entirety.§

The list of information suppressed is shocking, and highly relevant. In 2015, three of the jurors at Jeff’s trial separately indicated that the suppressed information about Eric Horn would have been very important to them, and could have changed their verdict.‖

Jeff deserves a new trial.

* See Volume 1 of Appendix to Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; p. 135.  
** See Volume 1 of Appendix to Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; p. 133. 
*** See Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; pp 28 – 29. 
**** See Volume 1 of Appendix to Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; pp. 136 and p. 138. 
† See Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; pp 27 – 28. 
‡ See Volume 1 of Appendix to Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; p. 128. 
§ See Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; pp. 24 – 25. 
‖ See Appellant Jeffrey Wogenstahl’s Motion to Remand Case to the Trial Court, filed in the Supreme Court of Ohio, October 7, 2016 – Case No. 2016-0423; pp. 58 – 59. 
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