Was Robert Wagner There?

I'm sure that's a question we'd all like the definitive answer to. Unfortunately, we'll likely have to wait until the trial to find out. Meanwhile, I've been researching the evidence, and to be honest... I still don't know what to think at this point.

Rob posted the following on Elm's blog:

"Wagner was ordered by Kocis to return to Dallas Townhip in anticipation of this meeting. We know from an intercept that Joe noted a parked car with NY tags to the far right in Kocis' driveway. The Nissan SUV was parked behind this car. Joe asked the party who that car belonged to."

The only problem with this statement is that if you look at the picture (above) taken on the night of the fire, (click on the image) you can clearly see Kocis' BMW SUV is parked on the far right. So unless Robert went out to play parking valet before, or after calling 911... that story just doesn't make sense. It might if Wagner's car was parked on the left side. Also, after reviewing satellite and video images (below), it would appear that Kocis only had a single-lane driveway:

According to the affidavit "Wagner stated that on 01/24/07, at approx 1830 hrs., he spoke with the victim via telephone. During said conversation, the victim advised that he was expecting "a boy" to come to the victim's house. Wagner stated that he believed that "the boy's" name started with a "D", and that he was from the Allentown/Philadelphia area of Pennsylvania. "The Boy" refered to by Kocis was purportedly the same individual whose photo was sent by Kocis to Wagner."

This phone call was made shortly before Harlow arrived. Unless Robert was already on his way, I can't imagine he'd be able to get to Back Mountain from New York in less than an hour, or so. If Wagner was already in PA, why would Kocis feel the need to call him, surely he would have already known.

In the beach tapes, it's mentioned that Harlow and Joe illustrate a bedroom upstairs... so it sounds to me that they had enough time to go room to room in the search for loot to take back to VA. Unless Robert was cowering in a closet, or hiding under a bed, wouldn't Harlow and Joe have found him?

Then we have the email Harlow sends to Bryan: "In an email dated 01/23/07, "Danny" writes; "...umm can we please be alone...at least this first time. Thanks. Danny." The victim responds that "we'll be alone, no worries..."

Now a few things I do find a little odd are:

On the following day after the murder/fire one of Bryan's neighbors notices that his Maserati was missing. Since the house was surrounded by police tape, and with the likelyhood of fire/police officials being at the location all night long... who took the Maserati , and when?

The 911 call was made at approx 2034... unfortunately, what we don't know is who made the call. Why that bit of information hasn't been released still puzzles me.

So to close... I don't know if Robert was at Bryan's the night of the murder or not... but from what I've seen for evidence thus far, it would certainly give me a reasonable doubt that he was. Unless someone is willing to provide factual proof that he was, I guess we'll just have to wait until the trial.