OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #87

[Cool Cats]

I wonder if testimony in one trial can be used as evidence in another trial. Like we know Jake and Angela have to testify in Billy's trial as part of their agreement. But George took the stand in his own trial and Gave testimony not helpful to Billy. I am not sure if George can be compelled to tesify again in Billy's trial but could George's statements in one trial be used against Billy.

I doubt GWIV could be compelled to testify but, I would think anything that came out in his trial can be used against GWIII. It is now public knowledge and came from people who swore to tell the truth. There was also evidence from experts on record that I would think could be used…

Right, George cannot be compelled to testify against Billy because Billy is George's co-defendant and the State cannot force co-defendants to testify against each other unless, as in Angie's and Jake's case, one co-defendant turns State's evidence against the other.

A co-defendant (George) can assert his 5th amendment right to NOT TESTIFY against his co-defendant (Billy) on the grounds that he may incriminate himself. George still declares his innocence and is appealing his guilty verdicts.

Crime victims and witnesses, on the other hand, are often required to testify at a trial. Witnesses subpoenaed to testify must testify, but can plead the fifth for questions that they deem are self-incriminating. Prosecutors may offer witnesses immunity in exchange for their testimony.

Can two defendants testify against each other?

A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to…

www.onsecrethunt.com

If the prosecution wants to use testimony from George's trial against Billy, then the prosecution will have to call the witness who gave the testimony to the stand because a defendant's attorneys have the right to cross examine all witnesses.

Examples:

If the prosecution were to READ specific testimony from a witness against Billy that put Billy in a negative light, then Billy's attorneys would not have the chance to cross examine the witness which means Billy is not getting a fair trial. The witness must be called to the stand.

If the prosecution were to READ George's testimony against Billy that put Billy in a negative light, then Billy's attorneys would not have the chance to cross examine George which means Billy is not getting a fair trial.
George must be called to the stand.

However, George cannot be called to the stand because George has the right to NOT TESTIFY against his co-defendant (Billy). Thus, the prosecution can't use George's testimony against Billy UNLESS George would agree to testify.

Criminal Defendants' Rights

Learn about the constitutional rights that protect criminal defendants.

www.nolo.com

The "confrontation clause" of the Sixth Amendment gives defendants the right to "be confronted by the witnesses against" them. This gives defendants the right to cross-examine witnesses—that is, the right to require the witnesses to come to court, "look the defendant in the eye," and subject themselves to questioning by the defense.

 

[Chris_p_bacon]

Right, George cannot be compelled to testify against Billy because Billy is George's co-defendant and the State cannot force co-defendants to testify against each other unless, as in Angie's and Jake's case, one co-defendant turns State's evidence against the other.

George can assert his 5th amendment right to not testify on the grounds he may incriminate himself. George still declares his innocence and is appealing his guilty verdicts.

Crime victims and witnesses, on the other hand, are often required to testify at a trial. Witnesses subpoenaed to testify must testify, but can plead the fifth for questions that they deem are self-incriminating. Prosecutors may offer witnesses immunity in exchange for their testimony.

Can two defendants testify against each other?

A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to…

www.onsecrethunt.com

If the prosecution wants to use testimony from George's trial against Billy, then the prosecution will have to call the witness who gave the testimony to the stand because a defendant's attorneys have the right to cross examine all witnesses.

Examples:

If the prosecution were to READ specific testimony from a witness against Billy that put Billy in a negative light, then Billy's attorneys would not have the chance to cross examine the witness which means Billy is not getting a fair trial. The witness must be called to the stand.

If the prosecution were to READ George's testimony against Billy that put Billy in a negative light, then Billy's attorneys would not have the chance to cross examine George which means Billy is not getting a fair trial.

However, George has the right not to testify at Billy's trial, thus, the prosecution can't use George's testimony against Billy unless George would agree to testify.

Criminal Defendants' Rights

Learn about the constitutional rights that protect criminal defendants.

www.nolo.com

The "confrontation clause" of the Sixth Amendment gives defendants the right to "be confronted by the witnesses against" them. This gives defendants the right to cross-examine witnesses—that is, the right to require the witnesses to come to court, "look the defendant in the eye," and subject themselves to questioning by the defense.

ok. excellent info. Thank you. This explains exactly what I was wondering about and how that would work.

 

[Cool Cats]

ok. excellent info. Thank you. This explains exactly what I was wondering about and how that would work.

Your welcome, glad the information is helpful.

I remember researching the "ins and outs" of co-defendants when the 4 Wagners were arrested and charged as co-defendants.

A question that would come up is why weren't the 4 Wagners being tried together? After all, they were co-defendants being charged with the exact same charges except for Jake's Count #23 Charge - Unlawful Sexual Conduct With A Minor.

It turns out that not only do death penalty defendants have to have 2 DP certified attorneys each, but that DP defendants cannot be tried together, each must have their own separate trials.

If the 4 Wagners had not been charged with DP specifications, and had been slated to all be tried together, then that doesn't mean that an attorney couldn't have tried to sever his client from the rest of the Wagners.

Because Jake had the most evidence against him and was the central tie to the Rhodens and custody etc...
I imagine none of the other attorneys would have wanted their client to go to trial with Jake. Perhaps not even with Angela for that matter.

George's Bond Hearing brought out more evidence against Jake and Angela than against Billy and George.

George's trial brought out evidence against Billy:

Jake goes into detail about his dad's involvement that night including shooting 3 people and setting up the meeting with Chris Sr,
evidence and Wagner family testimony place Billy dropping off the murder truck to his niece the morning of the murders,
BCI places Billy's phone at Peterson Rd that night which was the first time all 4 phones were together in 2016,
Billy's cell phone shows Chris Sr called him that night and shows his first and last phone calls on April 22nd came from Peterson Rd,
Billy is recorded telling Angela he has an idea of how to solve their problem,
Angela testified that all 4 were involved and she was following Billy's instructions,
Billy directed the "boys" to make the floating goose cage which would hide the evidence in cement anchors in his mom's pond.

Testimony explains Billy's life of crime and how he indoctrinated his boys as youngsters into committing crime, giving them a criminal mentality that crime is normal, and encouraging distrust towards LE and people outside of their immediate family.

Crime became normal to get what they wanted which helped them to see committing murder as being normal to get what they wanted. Victims are just the means to an end and inconsequential. Getting what the Wagner Crime Family wanted was the only priority - be careful of security, don't be seen, don't get caught, then lie lie lie.

As Angie found out the hard way murder has no statute of limitations and investigations don't go away. She said "her life was intolerable with people thinking she was guilty" that would include BCI.

 

[Cool Cats]

GEORGE WAGNER • OFFENSE INFORMATION • 22 COUNTS
CONCURRENT - done at the same time
CONSECUTIVE - following continuously

AGG MURDER - felony 1st degree
Counts: 8 - Concurrent
Jail Time Credit: 0
Gun Yrs: 6
LIFE Max Yrs: LIFE

Next Offense: Consecutive

AGG BURGLARY - felony 1st degree
Counts: 4 - Consecutive
Jail Time Credit: 0
Gun Yrs: 6
Definite/Term Yrs: 8

Next Offense: Consecutive

ENGAGE CORRUPT ACTS - felony 1st degree
Counts: 1
Jail Time Credit: 1,508
Gun Yrs: 6
Mand/AI Yrs: 8

Next Offense: Concurrent

CONSPIRACY AGG MURDER - felony 1st degree
Counts: 1
Jail Time Credit: 1,508
Definite/Term Yrs: 8

Next Offense: Concurrent

UNLAW POSS DANGER ORDINANCE - felony 5th degree
Counts: 1
Jail Time Credit: 1,508
Gun Yrs: 3
Definite/Term Yrs: 0.83

Next Offense: Concurrent

TAMPER W/EVIDENCE - felony 3rd degree
Counts: 3 - Concurrent
Jail Time Credit: 1,508
Definite/Term Yrs: 2

Next Offense: Concurrent

FORGERY - felony 5th degree
Counts: 1
Jail Time Credit: 1,508
Definite/Term Yrs: 0.83

Next Offense: Concurrent

UNAUTHOR USE OF PROPERTY - felony 5th degree
Counts: 1
Jail Time Credit: 1,508
Definite/Term Yrs: 0.83

Next Offense: Concurrent

INTERCEPT. COMMUNICATION, WIRE OR ORAL - felony 4th degree
Counts: 1
Jail Time Credit: 1,508
Definite/Term Yrs: 1

Next Offense: Concurrent

OBSTRUCT JUSTICE - felony 5th degree
Counts: 1
Jail Time Credit: 1,508
Definite/Term Yrs: 0.83

Offender Details

 

[Fat Old Man]

I will say we will have a trial date, on the 18th.

 

[twall]

I will say we will have a trial date, on the 18th.

Anyone think GW3 will ask for change of venue? I do.

 

[Dudly]

I will say we will have a trial date, on the 18th.

I can’t see GWIII wanting to put it off longer. I would think he regrets not keeping the speedy trial in place… My opinion only…

 

[Dudly]

Anyone think GW3 will ask for change of venue? I do.

Only if he wants to delay things more and “muddy the waters”.. My opinion only…

 

[Helechawagirl]

I think Angela had financial motive to "collect" children, this is my opinion.

Her husband left her to go back and live with his wealthy mother. His wealthy mother sold the trailer she let Angela live in, out from under her, well would have, but Angela got mad and burned it down first. His mother gave Angela crappy jobs on the farm and wasn't doing her any favors.

After a life of crime and arson and even burning down her dog kennel, with her dogs inside - well no proof she burned it down but no proof Angela the arsonist didn't. At any rate, Angela found herself as a middle aged single woman without a career without retirement money without financial security in her future, so what did she do?

She depended on her 2 sons to support her. And why would they do that? Because she was raising their children! Her "boys" depended on her for childcare. George said it himself during his testimony, that one reason he didn't move out is for the childcare he got from his mom. I can't remember his exact words but he mentioned childcare.

So we know from their testimony that George's and Jake's wives wanted to move out and have their own homes. So what happened to them? Angela got rid of BOTH of them!

Angela could never allow her "boys" to move out and into their own homes taking their children. They could never financially support her then. They would have their own bills, they couldn't afford to pay her bills also.

So she interfered in George's relationship and arguments he had with his wife Tabby, threatening to shoot her and throwing a board at her. Then when Tabby left she made sure to hire an attorney and get Tabby out of her child's life for good. She made it impossible for Tabby to visit her son then cooked up the idea of keeping Tabby away from her son for a year to then claim Tabby abandoned her son. A date in June was often mentioned, and fake addresses were used. Also, running off to AK then not telling Tabby they were back and so on.

Jake's wife Beth also wanted her own home so how did Angela get rid of her? By accusing her of child @#$%& abuse. George and Angela would not allow Beth around the children. Angela told Jake during a recorded phone call that if he moved out she would never feel his daughter would be safe around Beth. Angela and George voted Jake's wife out of the family. That's why George said "the family has spoken."

Wives were a threat to Angela. George said he would have to tell his son the "cold hard truth that Angela was not his mother." Why did Angela want to be mother?

Because then if George married again there would be no way the new stepmother could step in and be the mom. No chance of George wanting to move to his own home taking his son with him. After all, you can't take a kid away from his mother, right?

Angela depended on those kids to get financial support from her sons, and that is exactly what she got, until she went too far with her selfish financial plans and now sits in jail and then will sit in prison, 26 more years.

And what Angela did is so heinous, so diabolical, so horrendous, that the word "selfish" just doesn't cover it. No amount of words can express the amount of evil that woman schemed up to get her life the way she wanted it to be. Using innocent children to do it.

There is an old saying, by whom I can't recall at the moment:

THE HAND THAT ROCKS THE CRADLE RULES THE WORLD

I think you’re exactly right.

 

[Cool Cats]

I will say we will have a trial date, on the 18th.

Anyone think GW3 will ask for change of venue? I do.

What's next after Pike County murder trial?

Geoge Wagner IV was convicted in the 2016 Pike County homicide case this week. His father will face trial next.

www.cincinnati.com

Asked who would prosecute Billy Wagner, Special Prosecutor Angela Canepa said, “I’m not going anywhere.”
Fellow Special Prosecutor D. Andrew Wilson said Thursday he’d soon talk with Gov. Mike DeWine about his next priorities.................Junk, meanwhile, will take over for retiring Judge Randy Deering on Feb. 9 – with a new county prosecutor yet to be appointed and the venue for Billy Wagner’s trial in question.

Here is some testimony that Billy planned the murders and personally shot 3 people and hopefully during his trial more details will come out about Billy shooting Kenneth:

(Angela also told jurors that she was following Billy's orders of what to buy for the murders.)

Angela Wagner told jurors that her husband determined the Rhodens had to die..........

Jake Wagner proposed killing just Hanna Rhoden to win custody of their child, Angela Wagner said. Billy Wagner rejected that idea, believing the Rhodens would exact revenge.

"They’ll know, and then they come for Jake. They’d shoot him, if not all of us," Angela Wagner said her husband told her.

When Chris Rhoden Sr fell into the home, “Billy put that gun in his chest and shot him. It charred his sweatshirt,” Wilson added this week.

After that, Billy Wagner fired several more times, leaving a trail of bullet holes on Rhoden’s face, Wilson said.

Billy Wagner also shot and killed Gary Rhoden, a cousin to Chris Rhoden who sometimes stayed with him, according to Wilson.

One shot entered the back of Gary Rhoden’s head, as he jumped out of a recliner by the trailer’s front door after Chris Rhoden was hit, Wilson said. He reminded jurors they’d earlier seen the Jets ballcap Gary Rhoden wore that night, with a bullet hole in the back.

After that, Wilson said, “Billy comes back over and – boom, boom, boom – shoots him.”

Billy Wagner entered what was called Crime Scene 4 by himself, Jake Wagner said in testimony.
Waiting in a truck outside the camper home of Kenneth Rhoden, he saw a muzzle flash inside, he said. His father then returned to the truck and they departed, he said.

 

[Dudly]

What's next after Pike County murder trial?

Geoge Wagner IV was convicted in the 2016 Pike County homicide case this week. His father will face trial next.

www.cincinnati.com

Asked who would prosecute Billy Wagner, Special Prosecutor Angela Canepa said, “I’m not going anywhere.”
Fellow Special Prosecutor D. Andrew Wilson said Thursday he’d soon talk with Gov. Mike DeWine about his next priorities.................Junk, meanwhile, will take over for retiring Judge Randy Deering on Feb. 9 – with a new county prosecutor yet to be appointed and the venue for Billy Wagner’s trial in question.

Here is some testimony that Billy planned the murders and personally shot 3 people and hopefully during his trial more details will come out about Billy shooting Kenneth:

(Angela also told jurors that she was following Billy's orders of what to buy for the murders.)

Angela Wagner told jurors that her husband determined the Rhodens had to die..........

Jake Wagner proposed killing just Hanna Rhoden to win custody of their child, Angela Wagner said. Billy Wagner rejected that idea, believing the Rhodens would exact revenge.

"They’ll know, and then they come for Jake. They’d shoot him, if not all of us," Angela Wagner said her husband told her.

When Chris Rhoden Sr fell into the home, “Billy put that gun in his chest and shot him. It charred his sweatshirt,” Wilson added this week.

After that, Billy Wagner fired several more times, leaving a trail of bullet holes on Rhoden’s face, Wilson said.

Billy Wagner also shot and killed Gary Rhoden, a cousin to Chris Rhoden who sometimes stayed with him, according to Wilson.

One shot entered the back of Gary Rhoden’s head, as he jumped out of a recliner by the trailer’s front door after Chris Rhoden was hit, Wilson said. He reminded jurors they’d earlier seen the Jets ballcap Gary Rhoden wore that night, with a bullet hole in the back.

After that, Wilson said, “Billy comes back over and – boom, boom, boom – shoots him.”

Billy Wagner entered what was called Crime Scene 4 by himself, Jake Wagner said in testimony.
Waiting in a truck outside the camper home of Kenneth Rhoden, he saw a muzzle flash inside, he said. His father then returned to the truck and they departed, he said.

I would definitely like to see GWIII on the stand and questioned by Andrew Wilson. My opinion only…

 

[Betty P]

Angela Canepa and Gov. DeWine will stick with these prosecutions until they're completed and everyone is packed off to prison. They'll dot every i and cross every t. For that reason, JMO, they'll keep the trial in Pike county, unless they have difficulty seating another jury. Regardless, Billy has an uphill battle, right?

 

[Cool Cats]

I can’t see GWIII wanting to put it off longer. I would think he regrets not keeping the speedy trial in place… My opinion only…

Definitely! He filed 2X's to get his speedy trial rights back:

October 7th 2020

Billy Wagner files his own motion in prison handwriting, demands speedy trial - Scioto Valley Guardian

One of the accused murderers in the Rhoden slaying has filed his own court motion behind prison bars. Billy Wagner, the patriarch of the Wagner family filed the one page motion with the Pike County Clerk of Courts on Wednesday. The motion is in Billy’s own handwriting on a notebook piece of...

sciotovalleyguardian.com

The motion is in Billy’s own handwriting on a notebook piece of paper.....the motion is signed by Wagner and said he is “pro se,” which means he is acting without legal counsel. Shortly after the Guardian broke the story,
his attorney Collins called the Guardian saying “This is not uncommon [for incarcerated defendants to file their own motions]; no issue, the motion will be rescinded,” Collins said Wagner was frustrated with how the case was progressing and filed the motion on his own without consulting his lawyers.

April 22nd 2021

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Above article from the Columbus Dispatch says:
Billy Wagner's attorneys told Pike County Common Pleas Judge Randy Deering earlier this month that their client disagrees with some of the defense strategies and is frustrated by how slow the case has progressed through the courts.

 

[Skully67]

Definitely! He filed 2X's to get his speedy trial rights back:

Billy Wagner files his own motion in prison handwriting, demands speedy trial - Scioto Valley Guardian

One of the accused murderers in the Rhoden slaying has filed his own court motion behind prison bars. Billy Wagner, the patriarch of the Wagner family filed the one page motion with the Pike County Clerk of Courts on Wednesday. The motion is in Billy’s own handwriting on a notebook piece of...

sciotovalleyguardian.com

The motion is in Billy’s own handwriting on a notebook piece of paper.....the motion is signed by Wagner and said he is “pro se,” which means he is acting without legal counsel. Shortly after the Guardian broke the story,
his attorney Collins called the Guardian saying “This is not uncommon [for incarcerated defendants to file their own motions]; no issue, the motion will be rescinded,” Collins said Wagner was frustrated with how the case was progressing and filed the motion on his own without consulting his lawyers.

The Columbus Dispatch

PressReader.com - Digital Newspaper & Magazine Subscriptions

Digital newsstand featuring 7000+ of the world’s most popular newspapers & magazines. Enjoy unlimited reading on up to 5 devices with 7-day free trial.

www.pressreader.com

Five Years Later: The Rhoden Family Killings

Billy Wagner's attorneys told Pike County Common Pleas Judge Randy Deering earlier this month that their client disagrees with some of the defense strategies and is frustrated by how slow the case has progressed through the courts.

The motion is in Billy’s own handwriting on a notebook piece of paper. It says that he “hereby moves the court in demand of a speedy trial as the constitution guarantees.”

I doubt he wrote that. I do think he signed it.

 

[Cool Cats]

I doubt he wrote that. I do think he signed it.

Article says:

The motion is in Billy’s own handwriting, I assume Billy can read and write.

However, the wording is such that an inmate or staff member could have helped him on what to say or he had help on how to word it from the court when he went through the process to file it.

It is not unusual for inmates to help other inmates with legal documents, happens alot.

 

[Skully67]

Article says:

The motion is in Billy’s own handwriting, I assume Billy can read and write.

However, the wording is such that an inmate or staff member could have helped him on what to say or he had help on how to word it from the court when he went through the process to file it.

It is not unusual for inmates to help other inmates with legal documents, happens alot.

Ok. But in my opinion, GW3 didn't print that. I'd say someone else did it.

 

[evelezrn]

Ok. But in my opinion, GW3 didn't print that. I'd say someone else did it.

JMO. It appears to me to be done in the same handwriting as the last pro se motion B3 filed on his own. Whether or not it was B3's own handwriting or not, I don't know. But it does appear that the same person wrote both. But JMO.

 

[ohioexpat63]

It probably isn't important but I doubt 3s 5th or 6th grade education allowed him to have the sort-of of penmanship as written. Id imagine his signature is more aligned with his educational level and his ability to write cursive. I dont wanna give this evil idiot.any benefit of the doubt! Mom and dad must have been proud when he dropped.out of school to shovel manure.

 

[Dudly]

It probably isn't important but I doubt 3s 5th or 6th grade education allowed him to have the sort-of of penmanship as written. Id imagine his signature is more aligned with his educational level and his ability to write cursive. I dont wanna give this evil idiot.any benefit of the doubt! Mom and dad must have been proud when he dropped.out of school to shovel manure.

I agree. His attorneys said he had a 7th grade education. I don’t think many with that education can write a paper, wording wise, or penmanship wise, like that.

 

[Skully67]

I agree. His attorneys said he had a 7th grade education. I don’t think many with that education can write a paper, wording wise, or penmanship wise, like that.

I'm glad you agree with me.