Wednesday, December 22nd:
*Motions (Daubert) Hearing (@ 9am ET) - OH - Pike County 8 people dead:
Christopher Rhoden, Sr. (40), his ex-wife,
Dana Manley Rhoden (37), their three children,
Clarence "Frankie" Rhoden (20),
Christopher Jr. (16),
Hanna Mae (19); Frankie's fiancée,
Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother,
Kenneth Rhoden (44), & a cousin,
Gary Rhoden (37). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) –
for *George Washington Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) with 8 counts aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 5th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity. (Det. Scheiderer: We know the three calibers of firearms that were used to commit these murders. a 22 caliber long rifle, a 40 caliber, and a 30 caliber). Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table if he testifies truthfully.
Trial set to begin on 4/4/22. (3 month trial).
Crime info & court hearings from 11/28/18 thru 11/19/21 reference post #876 here:
GUILTY - OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #66
11/30/21: Sheriff's return on subpoenas served on Sheriff Tracy Evans on 11/24/21 filed. Warrant for removal from Ross County jail on 12/2/21 @ 10am. Private hearing with no public & no media allowed. Motion (Daubert) hearing on 12/22/21 where Judge will make a ruling on: Defendant's Motion #61: Motion in Limine to exclude photos of weapons, shell casings & related items filed 1/22/21. Motion #65: Motion to Compel the production of "other acts evidence pursuant to Evid. Rule 404(B) filed 1/22/21. Concerning Motion #65 the Court finds that on 2/22/21 the State filed a "notice of Intent to use other acts evidence pursuant to 404(B), "listing a number of alleged "other acts of evidence. Motion #73: Motion to Dismiss aggravated murder counts and/or death specifications filed 9/24/21.
12/2/21 Update: No info on “private” hearing, next motions (Daubert) hearing on 12/22/21. 12/14/21: State's memorandum contra defendant's motion #75 to order sheriff to being witness to court filed by Robert Junk. 12/16/21: Subpoena issued to Ryan Scheiderer (BCI agent) filed by attorney Richard Nash. Motion #77: Defendant's renewed Motion to Compel the production of "other acts" evidence pursuant to Evid.R.404(B) filed by attorneys John Parker & Richard Nash. Motion #76: Defendant's Motion in Limine requesting a pretrial evidentiary hearing to determine the admissibility of shoe print evidence & opinions filed by attorneys Parker & Nash. Defendant's memo contra to the prosecution's motion to prevent Edward Wagner's testimony filed by attorneys Parker & Nash.
12/17/21: Decision & Journal entry regarding defendant's Motion #75: the Court finds that defendant's Motion #75 is not well taken; it is therefore ordered that defendant's motion is hereby overruled & denied. This decision shall not constitute a ruling upon the merits of defendant's Motion #73 entitled Motion to Dismiss aggravated murder counts and/or death specifications & the Court's decision upon the defendant's Motion #75 may be reconsidered following a hearing of the oral arguments of the parties upon defendant's Motion #73.
*Edward Jacob “Jake” Wagner (26/now 29) – Plead guilty (4/22/21) to all charges & will testify in the trials. No sentencing date set yet.
*George Washington Wagner III (47/now 50) – Motions hearing on 2/1/22.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty to a plea deal to Counts 9 thru 22, Counts 1-8 were dismissed. Sentenced to 30 years in prison with no early release & has to testify against others at trial.
*Rita Jo Newcomb (65/now 68) – Last Motions hearing on 12/2/19 entered a plea of guilty. Expected to testify in the trials.
*Fredericka Carol Wagner (76/now 79) – 6/26/19 Charges were dismissed without prejudice.
. More coffee please.