Eric Horn: Not Lured Away

Troy Beard lived near the home of the victim in Jeffrey Wogenstahl’s case. It was the short distance to Beard’s apartment that Jeffrey Wogenstahl drove Eric Horn in the early hours of November 24, 1991.[i]

At Jeff’s trial, Horn claimed that Jeff instigated this drive by telling him that his mother, Peggy, needed him at Beard’s apartment. Prosecutors used this as evidence that Jeff had lured Horn away from the victim’s residence. However, Jeff testified that it was Horn who asked him for a ride to Beard’s, as he (Horn) wanted to take marijuana for Peggy there.[ii]

We now know, as Jeff’s jurors did not, that Horn was both a drug user and drug trafficker. In light of this information, Jeff’s explanation for the drive seems entirely plausible.[iii]

Moreover, Beard’s testimony contradicts Horn’s on this point. Horn testified:
“I told [Beard] that Jeff Wogenstahl told me that Peggy needed me there”,
But Beard’s recollection of that conversation is different:
“[Horn] just asked me if I had seen Peggy or anything.”
Beard added that Horn did not say who had brought him there.[iv]

The prosecutors claimed that Jeff left Horn stranded at Beard’s; but this was not the case. Horn had only a few minutes’ walk to get home.[v]

There is now ample evidence that Horn was generally untrustworthy: as well as falsely denying drug use, Horn made inconsistent statements and statements that were contradicted by other witnesses. Three of Jeff’s jurors have said that if they had known the truth about Horn they might have come to different conclusions about the case. One added that Eric Horn’s story about how Jeff tricked him to get him out of the house was one of the most important pieces of evidence in the trial.

Troy Beard’s testimony suggests that Horn’s story was yet another falsehood. Together with the many other anomalies in Jeff’s case it suggests “the epitome of a miscarriage of justice”.[vi] We trust the Hamilton Court of Common Pleas will speedily grant Jeff a new trial. It is long overdue.

[i] State of Ohio v. Jeffrey A. Wogenstahl, 2016-0423, Appellant Jeffrey A. Wogenstahl’s Memorandum in Support of Jurisdiction, Supreme Court of Ohio, filed March 21, 2016. P. 24 (P. 26 of pdf)
[ii]State v. Wogenstahl. 95-1165. Jeffrey Wogenstahl’s Merit Brief, filed in the Supreme Court of Ohio. Filed June 1995. Pages 12-13. J. Wogenstahl. Print.
[iii] State of Ohio v. Jeffrey A. Wogenstahl, 2016-0423, Appellant Jeffrey A. Wogenstahl’s Memorandum in Support of Jurisdiction, Supreme Court of Ohio, filed March 21, 2016. P. 24 (P. 26 of pdf)
[iv] State of Ohio, Plaintiff-Respondent v. Jeffrey Wogenstahl, Defendant-Petitioner. B 926287. Petitioner Wogenstahl’s Amendment to his Successive Post-Conviction Petition. In the Court of Common Pleas Hamilton County, Ohio, May 17, 2019. Fifty-Eighth Ground for Relief,¶735, third bullet point.
[v] State of Ohio v. Jeffrey A. Wogenstahl, 2016-0423, Appellant Jeffrey A. Wogenstahl’s Memorandum in Support of Jurisdiction, Supreme Court of Ohio, filed March 21, 2016. P. 24 (P. 26 of pdf)
[vi] State of Ohio, Plaintiff-Respondent v. Jeffrey Wogenstahl, Defendant-Petitioner. B 926287. Petitioner Wogenstahl’s Amendment to his Successive Post-Conviction Petition. In the Court of Common Pleas Hamilton County, Ohio, May 17, 2019. Fifty-Eighth Ground for Relief, Fifty-Eighth Ground for Relief,¶737.
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