Gentz affidavit: Bob Bashara not involved in death of wife

He's accused of hiring a hit man to kill his wife - but Bob Bashara wants a new trial - and now that hit man could be ready to help him make his case.

What is the answer? The one we are hearing from Joseph Gentz is - yes.

Judge Vonda Evans: "At this time have you made a decision?"

Gentz: "Yes, ma'am."

Judge Evans: "And what's that decision?"

Gentz: "Tell all."

Judge Evans: "Let's roll, raise your right hand."

Joseph Gentz ready to tell all. He is the handyman serving up to 28 years in prison for second degree murder in the death of Jane Bashara.

Gentz told police Bob Bashara paid him to kill her, but recently Gentz signed an affidavit saying Bob had nothing to do with it, that he was mad at Bob for not paying him for work he'd done on his property and went to his house that night to steal - then lost control when he saw Jane. An admission that could lead to a first degree murder charge for Gentz and life in prison.

"You understand that by taking that stand that it will subject you to the penalty of up to life if they reinstate this charge against you," Evans said.

"I understand that," Gentz said.

Earlier Gentz's attorney had told Judge Vonda Evans that Gentz only wanted to testify about specific things.

"He wishes to testify and be cross-examined about how he was treated," said John Holler, Gentz's attorney  "And how his testimony was shaped towards Mr. Bashara to implicate Mr. Bashara and how he was threatened and coaxed in the Grosse Pointe Park police station."

Judge Vonda Evans told him he couldn't pick and choose.

"It's all or nothing," said Evans.

"Yes ma'am," Gentz said.

"If you're going to testify, you're going to testify to everything that you indicated in that affidavit," Evans said.

The judge told Gentz and his attorney before he testifies, they have to review an investigative subpoena of Joe Gentz under oath detailing Jane's murder and Bashara's role in it. Changing that story now would lead to a perjury charge as well.

"If you're asking me if he's too dumb to understand what he's doing, I would say no," said Holler. "But I think  - you know,  let's be honest,  Joe is semi-literate. That's what I'm there for, is to help him."

Attorney John Holler was appointed to represent Joe Gentz - a man with a diminished IQ, a man who he says has been attacked while in prison for snitching on Bashara.

So why would Gentz change his story now and subject himself to even more prison time?

"Why he is changing it now,  why do any of us pause and reflect on what we've done and what we've said," Holler said.

The next hearing is April 21. Could Gentz possibly change his mind about testifying, absolutely. We will know more, then.

If he does not testify - whether or whether not, it is unclear how it affects Bashara's chance of getting a new trial.

Complicating matters is that Bashara has already been convicted of hiring a hit man and then hiring somebody to kill the hit man as well.

WEB EXTRA: Below FOX 2 has the Gentz signed affidavit.


Joe Gentz affidavit 1 in Bashara case by David Komer

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Joe Gentz affidavit 1 in Bashara case