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

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No motions pending. Still familiarizing himself with the case. Will come back for motions hearings. Something about death penalty specifications. That's between state and defense.

May be discussing early 2024 for a trial date.
 


New judge Corbin now on the bench. Remember he was appointed after previous Judge Deering retired, and then former prosecutor and new Pike Co judge Rob Junk recused himself because of conflict issues.

Corbin says he has a lot to catch up on and get up to speed since he was just recently appointed.

Billy Wagner the last of the family to face justice. Youngest son Jake pleaded guilty as did Billy's wife Angela Wagner. Oldest son George IV was found guilty last year of all charges and got life without parole.

Judge points out Billy still faces death penalty - that's only off the table if and when Jake Wagner testifies against his father.

Corbin: "death is different" and would take much longer if death specs will remain.

Going to schedule hearings on three main motions - change of venue, "other acts" (criminal actions by Billy not associated with trial - they were allowed in George's) and whether Billy's interview at border can be played.

Talking about after September for the final two motions. He's going to tackle defense request to change venue first ... but not set date yet. Says it's going to take time to prepare - actual trial not until early 2024.

Still need to transcribe thousands of pages of transcripts for George's trial as well.

It almost sounds like defense has something about the DP that they want to discuss with state.

It would be great if they could come up with a fair plea deal, but I doubt Billy will be very cooperative. It sounds like he still wants the DP off the table. It makes you wonder if he believes he can get an acquittal after GW4 was found guilty.
 

Pike County murder trial: Wagner patriarch likely won't see trial until 2024



bbm
He's been imprisoned since his family's arrest in November of 2018.

Found dead that day were 40-year-old Christopher Rhoden Sr., 37-year-old Dana Rhoden, 20-year-old Hannah "Hazel" Gilley, 16-year-old Christopher Rhoden Jr., 20-year-old Clarence "Frankie" Rhoden, 37-year-old Gary Rhoden, 19-year-old Hanna May Rhoden, and 44-year-old Kenneth Rhoden.

During a Wednesday afternoon hearing, Corbin said he'd spoken with Billy's defense attorneys and determined that was likely the earliest estimate; this year, Corbin said, would be for motions hearings in preparation of the trial.

One of the most urgent motions facing Corbin is a request by Billy's defense attorneys for a change of venue for the trial. Corbin acknowledged Wednesday that a date for that hearing would need to be set as soon as they could, though no official date was agreed on in the court room.

Another motion up for consideration is tied to certain audio files made of Billy during the course of the investigation; several wiretapped conversations made of the family were played during George's trial, including a lengthy interview Billy gave law enforcement in a vehicle in a parking lot after the homicides.
 

PATRICIA GALLAGHER NEWBERRY Cincinnati Enquirer
1 hour ago
WAVERLY, Ohio – George "Billy" Wagner III has been jailed in Butler County since 2018, charged with the April 2016 shooting deaths of eight members of Pike County's Rhoden family.
On Wednesday, he learned he'll stay put into next year, with his trial now predicted for January or February of 2024.
"It's going to take some time," visiting Judge R. Alan Corbin told Wagner, as the 51-year-old defendant dipped his head in apparent disappointment.
Lawyers need transcripts from the fall 2022 trial of Wagner III's son, George Wagner IV, to proceed. Those documents – which Corbin said would run between 12,000 and 15,000 pages – will not be ready until September.
 

PATRICIA GALLAGHER NEWBERRY Cincinnati Enquirer
1 hour ago
WAVERLY, Ohio – George "Billy" Wagner III has been jailed in Butler County since 2018, charged with the April 2016 shooting deaths of eight members of Pike County's Rhoden family.
On Wednesday, he learned he'll stay put into next year, with his trial now predicted for January or February of 2024.
"It's going to take some time," visiting Judge R. Alan Corbin told Wagner, as the 51-year-old defendant dipped his head in apparent disappointment.
Lawyers need transcripts from the fall 2022 trial of Wagner III's son, George Wagner IV, to proceed. Those documents – which Corbin said would run between 12,000 and 15,000 pages – will not be ready until September.


Thank you for your copious reporting.... I am just now reading todays notes. Real life gets in the way sometimes, but I so appreciate playing catch-up. :D
 
Awww, another Thanksgiving and Christmas he'll be spending in the Butler County jail. I "almost" feel bad for him... or NOT. o_Oo_O


Snipped:
"When Wagner heard the judge utter the date, the defendant shook his head in disgust, rolled his eyes, and silently scoffed."


 
Awww, another Thanksgiving and Christmas he'll be spending in the Butler County jail. I "almost" feel bad for him... or NOT. o_Oo_O


Snipped:
"When Wagner heard the judge utter the date, the defendant shook his head in disgust, rolled his eyes, and silently scoffed."



From link:

Wagner’s defense lawyer, Mark Collins told the media after the hearing that “there will be a trial in this case.” Corbin said, if so, it would happen after January 2024. When Wagner heard the judge utter the date, the defendant shook his head in disgust, rolled his eyes, and silently scoffed.

LMAO
 
From link:

Wagner’s defense lawyer, Mark Collins told the media after the hearing that “there will be a trial in this case.” Corbin said, if so, it would happen after January 2024. When Wagner heard the judge utter the date, the defendant shook his head in disgust, rolled his eyes, and silently scoffed.

LMAO
If JW doesn't testify against his father does that open the door for the death penalty for JW?
 
If JW doesn't testify against his father does that open the door for the death penalty for JW?
Yes! For Billy and Jake.

DP is still on the table for Billy and Jake if Jake refuses to testify in Billy's trial.

Note, this serial killer is still in jail and not prison because he hasn't been sentenced yet, not until he is done testifying in Billy's trial.

This is so ironic because Billy (opinion) wouldn't want Jake testifying against him, exposing what he did, but yet at the same time if Jake refuses to testify against him it puts him in jeopardy of getting the DP.

Let's take a look at Ma Barker, I mean Angela.

If Angela refuses to testify it only affects her, she would lose her plea deal, it doesn't affect Billy getting the DP. It is Jake's plea deal that takes the DP off the table for Billy, as it took the DP off for George.

So what would happen to Angela if she refused to testify against Billy? Well, she would lose her plea deal.

Her plea deal allowed for her 8 murder charges to be dropped and to get a sentence capped at 30 years. No parole, no early release. Without her plea deal she gets charged again with the 8 murders and loses her 30 year deal. She then gets faced with being sentenced to multiple life sentences.

It's complicated. I assume they wouldn't bring back the DP against her if she were to break her plea agreement and refuse to testify. I think she would end up with LWOP. At any rate, there is no indication she will not testify.

Her jail time counts towards her 30 years, she has 25 years and 8 months left to go.

On November 18, 2048 Angela Wagner will walk out of Ohio State Prison a free woman at the age of 78.

She said she took the plea deal so Jake wouldn't have to testify against her and to be able to hug her grand children. Right. Her grand children will be 35 and 36 years old.

2 Cents
 
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Yes! For Billy and Jake.

DP is still on the table for Billy and Jake if Jake refuses to testify in Billy's trial.

Note, this serial killer is still in jail and not prison because he hasn't been sentenced yet, not until he is done testifying in Billy's trial.

This is so ironic because Billy (opinion) wouldn't want Jake testifying against him, exposing what he did, but yet at the same time if Jake refuses to testify against him it puts him in jeopardy of getting the DP.

Let's take a look at Ma Barker, I mean Angela.

If Angela refuses to testify it only affects her, she would lose her plea deal, it doesn't affect Billy getting the DP. It is Jake's plea deal that takes the DP off the table for Billy, as it took the DP off for George.

So what would happen to Angela if she refused to testify against Billy? Well, she would lose her plea deal.

Her plea deal allowed for her 8 murder charges to be dropped and to get a sentence capped at 30 years. No parole, no early release. Without her plea deal she gets charged again with the 8 murders and loses her 30 year deal. She then gets faced with being sentenced to multiple life sentences.

It's complicated. I assume they wouldn't bring back the DP against her if she were to break her plea agreement and refuse to testify. I think she would end up with LWOP. At any rate, there is no indication she will not testify.

Her jail time counts towards her 30 years, she has 25 years and 8 months left to go.

On November 18, 2048 Angela Wagner will walk out of Ohio State Prison a free woman at the age of 78.

She said she took the plea deal so Jake wouldn't have to testify against her and to be able to hug her grand children. Right. Her grand children will be 35 and 36 years old.

2 Cents

It would really be in Billy's best interest to make a plea deal.

He doesn't seem to understand how trials work, how his attorneys' request for the GW4 trial transcripts takes a very long time. He also doesn't understand how much the odds are against him winning acquittal.
 
It would really be in Billy's best interest to make a plea deal.

He doesn't seem to understand how trials work, how his attorneys' request for the GW4 trial transcripts takes a very long time. He also doesn't understand how much the odds are against him winning acquittal.

It's about not admitting guilt. Billy won't admit guilt anymore than George will. For a plea deal to happen he has to admit guilt plus plead guilty in public and give the prosecution at least some basic information on what he did that night.

We always said Jake is a momma's boy and sure enough they both took pleas. George is more like dad and sure enough they are both going to go to their graves insisting on being innocent and that Jake and Angie are liars.

So no matter what, Billy will go to trial even if it is only so he can say he is innocent. He has gotten away for decades with criminal activity, getting just slaps on the wrists the couple of rare times he was caught. "Can I pay a fine."

He turned his family into The Wagner Crime Family and helped his wife become a modern Ma Barker.

People like him don't turn around and admit they are a murderer. He won't admit to being a thief, arsonist, drug runner, etc, let alone admit to murder.

Someone outside of the 4 Wagners was the source for the Other Acts Evidence, sure wasn't Bad Billy.
 
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It will be very interesting to hear what he has to say during his trial as that's where he is going. There's no way on this earth that Billy will make a plea.
There is only one possible way Billy would do a plea and it is the same reason Jake did his plea. Jake had no choice but to confess and plead if he wanted to avoid the DP.

He was going to trial in 4 months, all this overwhelming evidence kept coming out, finally by the time the Other Acts Evidence came out he had to know his conviction was pretty much guaranteed.

And it is a DP attorney's main job to keep their client off of death row, explaining to them how a plea deal avoiding the DP would be in their best interest - in the face of overwhelming evidence.

I am sure Jake's attorneys leveled with him on the direction his case was heading and did their best to keep him off of death row.

And they succeeded, his plea was to avoid the DP.

Billy, on the other hand, isn't in Jake's position, but if he was he might get scared enough to do what Jake did.
 
There is only one possible way Billy would do a plea and it is the same reason Jake did his plea. Jake had no choice but to confess and plead if he wanted to avoid the DP.

He was going to trial in 4 months, all this overwhelming evidence kept coming out, finally by the time the Other Acts Evidence came out he had to know his conviction was pretty much guaranteed.

And it is a DP attorney's main job to keep their client off of death row, explaining to them how a plea deal avoiding the DP would be in their best interest - in the face of overwhelming evidence.

I am sure Jake's attorneys leveled with him on the direction his case was heading and did their best to keep him off of death row.

And they succeeded, his plea was to avoid the DP.

Billy, on the other hand, isn't in Jake's position, but if he was he might get scared enough to do what Jake did.
Realistically, Billy is in no better situation than Jake was prior to his trial. At this point, the evidence against him is just as strong as it was against the others. Though they’ll go through the motions, his attorneys have nothing to work with. After George’s trial, Billy’s situation should be very clear to everyone, especially to him.
 
No updates to GW3 docket.


A couple of updates in GW4 Appeal docket:

Date Docket Text
03/06/2023 DEFENDANT-APPELLANT'S REPLY IN SUPPORT OF MOTION FOR CASE MANAGEMENT ORDER OR PREHEARING CONFERENCE FILED (VIA FAX)
COPIES FILED MAILED TO COURT OF APPEALS

03/06/2023 DEFENDANT-APPELLANT'S REPLY IN SUPPORT OF MOTION FOR CASE MANAGEMENT ORDER OR PREHEARING CONFERENCE FILED (ORIGINAL)
COPIES FILED MAILED TO COURT OF APPEALS

link: https://cpcourt.pikecounty.oh.gov/e...kzRwnAUCr4iwqPFi5s0RJX*2k4mm*t2F*Ixh*ZeH23sww
 
Realistically, Billy is in no better situation than Jake was prior to his trial. At this point, the evidence against him is just as strong as it was against the others. Though they’ll go through the motions, his attorneys have nothing to work with. After George’s trial, Billy’s situation should be very clear to everyone, especially to him.

Right, as far as being found guilty Billy is in the same boat as George and Jake but there is one huge difference between Billy and Jake.

If Jake had gone to trial I think we can agree that right now he would be sitting in an isolated cell on Ohio's death row.

Billy however, can go through a trial, be found guilty, but not have to worry about ending up on DR. Plus, he can continue to proclaim his innocence and appeal his convictions both of which Jake can't do.

Another thing to consider:

Billy enjoys this.

2 Cents
 
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From link:

Wagner’s defense lawyer, Mark Collins told the media after the hearing that “there will be a trial in this case.” Corbin said, if so, it would happen after January 2024. When Wagner heard the judge utter the date, the defendant shook his head in disgust, rolled his eyes, and silently scoffed.

LMAO



Sorta' like this?

1679112741412.png
 
Right, as far as being found guilty Billy is in the same boat as George and Jake but there is one huge difference between Billy and Jake.

If Jake had gone to trial I think we can agree that right now he would be sitting in an isolated cell on Ohio's death row.

Billy however, can go through a trial, be found guilty, but not have to worry about ending up on DR. Plus, he can continue to proclaim his innocence and appeal his convictions both of which Jake can't do.

Another thing to consider:

Billy enjoys this.

2 Cents
I agree. He has nothing to lose and gets out of jail for court every day during the trial. Probably gets a more preferred lunch at the courthouse. I also would not be surprised if he thinks he can outsmart the prosecution.
Just my opinion only…
 
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