VERDICT WATCH OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #85

[RAISINISBACK]

As far as I can tell, everyone is irritated or at minimum confused over that darn interview. I do know the elusive interview exists because a) Scheiderer testified it was required by law to record it and b) AC referred to it during cross exam.

Here’s my thoughts:

I believe prosecutors chose not to play it prior to GW taking the stand because it would provide testimony by George they wouldn’t be able to question him about. I also believe they did not seriously anticipate GW taking the stand.

Here’s where it gets fuzzy for me because everything was out of order at that point (at least for me) I don’t know if prosecution rested before defense or vice versa. Either way, I think it was too late to play the tape at that point though - for whatever reason. Maybe they couldn’t get the BCI agent there in time to testify. Maybe there was a legal reason; I feel like she couldn’t play it on cross though because it hadn’t been introduced. I don’t know about rebuttal. Maybe they weren’t set up for it because they never planned to play it - and they obviously didn’t plan on GW testifying. We saw that! I don’t know, that’s just my thoughts- I honestly don’t know and listening to reporters discuss it, it doesn’t seem like anyone understands it.

To be honest, it looked to me like it was some fancy footwork & slick dodging a bullet by the defense. I’ve got to give credit where credit is due: the defense came out super strong ending with GW (& whoever prepped him did a great job). It was indeed their shining moment.

Here’s where it gets fuzzy for me because everything was out of order at that point (at least for me) I don’t know if prosecution rested before defense or vice versa

The prosecution rested then a few minutes later the defense rested, then the judge immediately asked if the prosecution had rebuttal and they said no. 2 minutes tops for all that. I think that was Thursday. Right before they discussed calling the jury back up four about 5 minutes to tell them to come back on the 28th.

JMO

 

[RAISINISBACK]

You say HW change his story 2 or 3 times before AC accepted one. But you don’t know what was changed. It may have been times of day or or other minor things that he corrected. It does not prove that he added GWIV to the crime to get his appeal.
All four claimed they were innocent at one time. Two admitted they were not innocent. That does not mean the other two are still innocent.

From the tweets by reporters AC addressed that in court during his testimony. He said he was just going to take it all on and say he did it all. Apparently that was in his first statement because AC brought that out in court.

JMO

 

[Betty P]

Jmo he wasn’t proved lying because she did produce a transcript. I don’t know that is what he said because only Capena said he said at border.

The judge, the prosecution team and the defense team all heard the tapes and read the transcripts. GW4's defense tream has had that evidence for a couple of years now.

If the transcript matched GW4's testimony, the defense team would have objected.

It's a red herring, JMO

 

[dgfred]

No... a RED Giant Snapper Herring

 

[Betty P]

No... a RED Giant Snapper Herring

Now that the state has removed the death penalty specifications from GW4's charges, does this mean if he's convicted, he has to pay for his own attorneys for appeal?

If convicted, he's no longer on death row, so he has to provide his own legal help or go through the process of being declared indigent?

Well, it's after 4:30 pm, are they coming back? Maybe having a discussion in chambers?

 

[elliebug2015]

For those that have served on a jury or have any knowledge about it....how does it work this week? Like can they go back to their jobs? Or are they required to stay off work in order not to possibly overhear something that influences them? I wonder how many times they'll have to say "I can't talk about it" at Thanksgiving dinner. I wish they could have wrapped this up earlier so the possibility of outside influences is less likely.

 

[justtrish]

O/T but anyone also following along the Quinton Simon case, they arrested his mother, Leilani Simon today and she is charged with murder. Presser coming at 6pm.

 

[pcrum12]

The judge, the prosecution team and the defense team all heard the tapes and read the transcripts. GW4's defense tream has had that evidence for a couple of years now.

If the transcript matched GW4's testimony, the defense team would have objected.

It's a red herring, JMO

but the jury didn't

 

[CIA Team Member]

For those that have served on a jury or have any knowledge about it....how does it work this week? Like can they go back to their jobs? Or are they required to stay off work in order not to possibly overhear something that influences them? I wonder how many times they'll have to say "I can't talk about it" at Thanksgiving dinner. I wish they could have wrapped this up earlier so the possibility of outside influences is less likely.

I worked in a school system HR dept.

If you're not in court for jury duty you're then required to come into work. If you worked a half day jury, say just in the am, you're required to report to work in the pm.

Jurors are paid on half day increments, so the days they came in only in the pm, they're only paid for half day's work.

They'd be required to turn in their jury paychecks to HR/payroll, and they were paid accordingly to make them whole.

Every employer has their own policy/procedures for jury duty, however.

 

[arielilane]

https://twitter.com/Angenette5

Nothing more on the record today in OH v. #GeorgeWagnerIV. Judge Deering denied Rule 29 motion on all counts saying a reasonable jury or juror could find GW4 guilty (pretty standard. These are rarely granted).

 

[arielilane]

One of the hearings Monday was one held over a Rule 29 motion; A Rule 29 motion can be filed by defense attorneys after the prosecution rests its case to ask the judge to acquit their client of some or all charges if there is a lack of evidence for the jury to reasonably reach a guilty verdict.

During the hearing, Richard Nash, defense attorney for George, and Angela Canepa, special prosecutor, argued each charge before Deering and whether the state has presented enough evidence throughout the trial for a jury to find George guilty.

Ultimately, the Rule 29 motion was denied for each of the 22 counts George faces, including the eight counts of aggravated murder.

Another hearing was one over venue. Because Dana Rhoden's home, in which she, Hanna May and Chris Jr. were murdered, is across the Scioto County line, defense attorneys argue charges related to that scene shouldn't apply to this trial, held in Pike County.

Canepa cited section 2901.12 of the Ohio Revised Code, specifically section H, which states that when an offender commits offenses in different jurisdictions, they can be tried for all offenses in any jurisdiction in which the offenses happened.

"We still maintain our earlier position pretrial that that statute is unconstitutional," said Parker.

Deering acknowledged Parker's comment, but ruled in favor of the prosecution that George can be tried for the murders of Dana, Chris Jr. and Hanna May in Pike County, despite the crime scene's location.

After spending the afternoon arguing off the record and in judge's chambers, the defense and prosecution declined to do anything further on the record Monday. They recessed without holding a hearing on whether the death penalty specifications will remain on the table; arguments about jury instructions must also be heard. Court will resume Tuesday morning at 9 a.m. where these items are expected to be the focus.

Pike County murder trial: No jury, court holding procedural hearings

After the defense and prosecution verbally rested their cases in front of the jury on Friday, Judge Randy Deering instructed the jury not to come in for court the week of Thanksgiving.

www.wcpo.com

 

[arielilane]

Now that the state has removed the death penalty specifications from GW4's charges, does this mean if he's convicted, he has to pay for his own attorneys for appeal?

If convicted, he's no longer on death row, so he has to provide his own legal help or go through the process of being declared indigent?

Well, it's after 4:30 pm, are they coming back? Maybe having a discussion in chambers?

In response to your first question, if there is a conviction he would be required to obtain a private firm to represent him and of course at his expense. No free ride this round.

IMO, as I am no legal expert.

 

[Chelly]

Patricia Gallagher Newberry

@pattinewberry
·
53m

No more news from #PikeCountyMassacre trial of #GeorgeWagnerIV this afternoon. Attorneys continued working and conferring but the judge did not return to the bench. The parties are due back at 9 a.m. Tuesday with Wagner IV. The jury is out until the Monday after Thanksgiving.

 

[Betty P]

One of the hearings Monday was one held over a Rule 29 motion; A Rule 29 motion can be filed by defense attorneys after the prosecution rests its case to ask the judge to acquit their client of some or all charges if there is a lack of evidence for the jury to reasonably reach a guilty verdict.

During the hearing, Richard Nash, defense attorney for George, and Angela Canepa, special prosecutor, argued each charge before Deering and whether the state has presented enough evidence throughout the trial for a jury to find George guilty.

Ultimately, the Rule 29 motion was denied for each of the 22 counts George faces, including the eight counts of aggravated murder.

Another hearing was one over venue. Because Dana Rhoden's home, in which she, Hanna May and Chris Jr. were murdered, is across the Scioto County line, defense attorneys argue charges related to that scene shouldn't apply to this trial, held in Pike County.

Canepa cited section 2901.12 of the Ohio Revised Code, specifically section H, which states that when an offender commits offenses in different jurisdictions, they can be tried for all offenses in any jurisdiction in which the offenses happened.

"We still maintain our earlier position pretrial that that statute is unconstitutional," said Parker.

Deering acknowledged Parker's comment, but ruled in favor of the prosecution that George can be tried for the murders of Dana, Chris Jr. and Hanna May in Pike County, despite the crime scene's location.

After spending the afternoon arguing off the record and in judge's chambers, the defense and prosecution declined to do anything further on the record Monday. They recessed without holding a hearing on whether the death penalty specifications will remain on the table; arguments about jury instructions must also be heard. Court will resume Tuesday morning at 9 a.m. where these items are expected to be the focus.

Pike County murder trial: No jury, court holding procedural hearings

After the defense and prosecution verbally rested their cases in front of the jury on Friday, Judge Randy Deering instructed the jury not to come in for court the week of Thanksgiving.

www.wcpo.com

Interesting. Defense seems to be arguing to keep from agreeing to remove the death penalty specifications. Do GW4's attorneys want to keep the DP on the table? Their actions don't make sense, JMO.

It does seem the defense wants to continue to drag the trial out as long as possible, though, as they've done all along. Does the defense think it will help GW4 if the jury has to be in deliberations during Christmas?

 

[Chelly]

Deering said, “reasonable minds could conclude that the defendant is guilty” of the various 22 charges facing George based on the evidence presented in court, including eight counts of aggravated murder.

Pike County massacre trial: Judge denies acquittal for George Wagner IV

Closing arguments will begin Monday, Nov. 28

www.fox19.com

 

[RAISINISBACK]

In clearing up the testimony about the TV in George's room. Watching Pretty Lies part 2 of day 41 podcast the host said that Jake said in his testimony the kids were watching TV in George's room while the adults watched the news.

George said he did not have a TV in his room.

So Jake actually said that and George contradicted that testimony of Jake's saying he did not have a TV in his room allowing the jury to see Jake lied about that.

I hope this helps.

JMO

 

[FonescaFan]

Deering said, “reasonable minds could conclude that the defendant is guilty” of the various 22 charges facing George based on the evidence presented in court, including eight counts of aggravated murder.

Pike County massacre trial: Judge denies acquittal for George Wagner IV

Closing arguments will begin Monday, Nov. 28

www.fox19.com

I agree 100% with Judge Deering. Hoping for a quick verdict once the jury gets the case!

 

[evelezrn]

In clearing up the testimony about the TV in George's room. Watching Pretty Lies part 2 of day 41 podcast the host said that Jake said in his testimony the kids were watching TV in George's room while the adults watched the news.

George said he did not have a TV in his room.

So Jake actually said that and George contradicted that testimony of Jake's saying he did not have a TV in his room allowing the jury to see Jake lied about that.

I hope this helps.

JMO

Now days kids watch cartoons in any room or the car with a laptop or tablet. No TV needed. JMO

 

[Dudly]

I'm only referencing agent Trout. He called the others of his team dysfunctional. I'd expect that if he was reprimanded. All on the witness stand seemed extremely professional. I don't think there will be room for appeal but I do wonder if Trout's leadership may have led to some of the holes.

I was very impressed with the BCI witnesses. They knew their craft and how to explain what they do and what they did in this case. It made me glad that Ohio had people that good on their investigation team…

 

[Dudly]

I'm only referencing agent Trout. He called the others of his team dysfunctional. I'd expect that if he was reprimanded. All on the witness stand seemed extremely professional. I don't think there will be room for appeal but I do wonder if Trout's leadership may have led to some of the holes.

I was very impressed with the BCI witnesses. They knew their craft and how to explain what they do and what they did in this case. It made me glad that Ohio had people that good on their investigation team…