Cedar Rapids murder trial delayed due to chickenpox quarantine in federal prison

CEDAR RAPIDS — A judge will again delay the trial for the Cedar Rapids man accused of hiring two men to kill Chris Bagley in 2018. This time, the delay is because one of the prosecution’s witnesses — who is “crucial” to the case — isn’t available next week due to a chickenpox outbreak in federal prison.

First Assistant Linn County Attorney Monica Slaughter, in a motion, asked 6th Judicial District Judge David Cox to allow Christopher Weigert, an inmate in Pennsylvania federal prison, to testify by video during the murder trial for Andrew Shaw, after learning of the outbreak in his prison pod.

Slaughter had subpoenaed Weigert, who likely knew Shaw, 36, of Cedar Rapids, while he was in a federal prison for a marijuana trafficking conviction or in a jail pending the charge. He was to testify June 18, but a deputy U.S. Marshal informed Slaughter the chickenpox outbreak may not be lifted by June 18, according to the motion.

The marshal also told Slaughter that once the quarantine was lifted, it would take another week to transport him to Linn County.

In the motion, the prosecution argued the witness, in testimony by video, still would be placed under oath and the testimony will be live. The defendant can see the witness, the witness can see the defendant, and the jury can see the witness. Also, the prosecution argued, the defendant can cross exam the witness; the judge, jury and defendant can see the witness’ demeanor and body language; and the witness would be testifying from a secure facility without the risk of someone influencing him.

Cox explained to Shaw how the video testimony would be set up and then asked him if he wanted to waive his right to confrontation — to allow video testimony — so that the trial could proceed next Tuesday.

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Shaw said he would not waive and wanted face-to-face confrontation.

Slaughter then asked the court to continue the trial for good cause because Weigert was vital to the case. In her motion, she said no other witness could present the same testimony and it would be “highly prejudicial” to the prosecution.

Julia Zalenski, one of Shaw’s lawyers, argued the prosecution didn’t have good cause to continue based on the argument that it would be prejudicial to the prosecution if they couldn’t have this witness testify. The prosecution has fewer rights than the defense, she said.

Cox disagreed, ruling he would continue the trial. He will reset the trial within a 90-day time frame because Shaw also filed a re-demand for speedy trial.

The defense, prosecution and judge planned to talk about possible dates after the hearing. The judge will issue an order with a new date later.

Shaw is charged with first-degree murder, solicitation to commit murder, and conspiracy to commit a forcible felony.

He is accused in the fatal stabbing of Bagley, 31, of Walker, which was carried out by two other men who Shaw paid for committing the crime, according to a criminal complaint.

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Johnny Blahnik Church, formerly known as Drew Blahnik, 37, of Marion, and Drew Wagner, 39, of Cedar Rapids, were convicted of the crime.

Blahnik Church is serving 57 years in prison for Bagley’s killing and also is serving time for assaulting another inmate while he was in the Linn County Jail.

Wagner, who pleaded to voluntary manslaughter, assault while participating in a felony, conspiracy to commit a forcible felony, abuse of a corpse, and obstruction of prosecution, was sentenced to 47 years.

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