I don't know Junk or much of his history in the area aside from what has been in the news or posted here but I don't trust him. I was surprised when he was made a judge but maybe it was just 'his time', it was just owed to him or he had the inside track to get there.
It was dismissed but not amended against FW as of yet and a civil suit could still be brought against her and the others. It was dismissed without prejudice on all of the defendants for now. They have ample evidence on the others but not on FW.
local12.com
| 08/21/2023 | ENTRY -- This matter came before the Court on the 10th day of August, 2023 for a Pre-Trial / Status Conference upon a Complaint filed by Plaintiff November 10, 2020. Present in Court were Brian K. Duncan, counsel for Plaintiffs; James D. Owen, counsel for Defendant, Fredericka Wagner; and Rick Nash, counsel for Defendant, George W Wagner, IV.The Judge addressed the media that were present in the Courtroom, advising them that Rule 12 of the Rules of Superintendence for the Courts of Ohio would be followed during this proceeding. The Court finds that a Pre-Trial Statement was filed by Attorney Duncan for Plaintiffs; Attorney Owen for Defendant, Fredericka Wagner; and Attorney Nash advised the Court that he will be filing a Statement for his client, George W. Wagner IV.On August 3, 2023, Attorney Owen filed a Motion for Summary Judgment on behalf of his client, Fredericka Wagner. At the time of the filing, Attorney Owen failed to request from the Court leave to file, and in open Court made a Motion for Leave to file Summary Judgment, which the Judge granted from the bench. Parties will be given until Thursday, September 7, 2023, being twenty-eight (28) days from the date of this hearing to respond to Defendant, Fredericka Wagner's Motion for Summary Judgment. The Court addressed Attorney Duncan's reference regarding the possibility of filing a Civil Rule 56 Motion, which would stay Summary Judgment until discovery is complete. The Judge advised Attorney Duncan that any Rule 56 Motion would need to be filed with the Court and shall cite arguments that support said Motion. If filed, Attorneys for Defendants will have fourteen (14) days to reply to Plaintiffs Rule 56 Motion, and then Attorney for Plaintiff will be given seven (7) days to respond to Defendants reply.Discovery was discussed in depth with all parties. Judge informed all parties that the discovery process needs to begin now, due to the age of this case. Attorney Duncan advised the Court that he would be filing any necessary pleadings to clean up the docket in this case.It is, therefore, the ORDER of the Court that all Discovery shall be completed on or before Monday, February 12, 2024. Once Discovery has been completed Attorney Owen is granted leave until Tuesday, March 12, 2024, if needed, to supplement his previously filed Motion for Summary Judgment. Attorney Nash will also be given until Tuesday, March 12, 2024, to file any Motion for Summary Judgment on behalf of his client. After any supplements to, or new Motions for Summary Judgment have been filed, Attorney Duncan will have until Friday, April 12, 2024, to file a response to any supplemented or new Motions for Summary Judgment. Attorney Owen and Nash will then be given until Tuesday, April 30, 2024, to file any replies to Attorney Duncan's response.The Clerk is hereby directed to serve a copy of this Entry to all counsel of record in this action, and to any unrepresented parties herein by ordinary U. S. mail.There being no further matters before the Court, said Court was adjourned.COPIES FILED MAILED TO COUNSEL AND UNREPRESENTED PARTIES Receipt: 40195 Date: 09/07/2023 | Image |
| 08/21/2023 | COPIES MADE Receipt: 40195 Date: 09/07/2023 | |
| 09/07/2023 | PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF PLAINTIFFS' COMPLAINT AS TO ALL DEFENDANTS, WITHOUT PREJUDICE FILED COPIES FILED MAILED TO COUNSEL AND UNREPRESENTED PARTIES Receipt: 40195 Date: 09/07/2023 |
I sure wish Angela's transcripts were out there somwhere to read. Maybe they will be at some point.
Duncan probably believes they need more than that to win a monetary award against FW in a civil trial. That may be enough for some jurors. I think he filed for dismissal without prejudice to bide them some more time.
Duncan probably believes they need more than that to win a monetary award against FW in a civil trial. That may be enough for some jurors. I think he filed for dismissal without prejudice to bide them some more time.
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The attorney for Tony Rhoden, administrator of the victims’ estates, filed a notice of voluntary dismissal without prejudice Thursday.
That means they reserve the right to refile the same lawsuit at a later date and definitely plan to, stressed the attorney, Brian K. Duncan.
“Plaintiffs have every intention of refiling this action within the applicable timeframe afforded by and through the laws of the State of Ohio,” he wrote in an email to FOX19 NOW.
The Rhodens stand to gain the most award money if Frederica Wagner is included in the litigation.
If not, the Rhodens’ family said last month he would seek a default judgment against the other Wagners and not take the case to trial.
Duncan said last month it wouldn’t be worth having the Rhodens relive the nightmare with nothing to gain.
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www.ohiobar.org
First, Ohio BCI would have to investigate once the information was revealed, under oath at trial. JMO.This is my understanding from past research when we discussed it in the past.
Where I see that (prosecution) happening is if there was proof that FW allowed the murder items and stolen items to be hidden on her personal property ..ie...in the lake.
This would be Obstruction of Justice.
It is not a crime if she knew what her spawn had done and said nothing. What is a crime is if she did anything to hinder the investigation.
For example;
1.) Lied to investigators and they can prove it
2.) Lied to the GJ and they can prove it
3.) Found out murder items were hidden on her property and she allowed it and kept it a secret
This is murky water and I would have to do more research but there is a difference between a killer telling you he buried murder evidence on John Doe's property and you don't say anything, and the killer telling you he sunk murder evidence under the goose house on your pond and you don't say anything.
By allowing a killer to keep hidden evidence on your property you are specifically helping him to avoid arrest and that is Obstruction of Justice.
4.) Deleted incriminating conversations from any electronic devices during the investigation
5.) Hid or concealed anything that would have helped in the investigation.
6.) Gave money to help suspects avoid detection
7.) Influenced GJ testimony of witnesses or in any other way tried to influence things witnesses would say to LE.
8.) Anything to help hinder the investigation by "misleading conduct"
One particularly murky category of obstruction is the use of "misleading conduct" toward another person for the purpose of obstructing justice. "Misleading conduct" may consist of deliberate lies or "material omissions" (leaving out facts which are crucial to a case). It may also include knowingly submitting or inviting a judge or jury to rely on false or misleading physical evidence, such as documents, maps, photographs or other objects. Any other "trick, scheme, or device with intent to mislead" may constitute a "misleading conduct" form of obstruction. Firs
What You Should Know about Obstruction of Justice
Generally, any act that is intended to interfere with the administration of justice may constitute obstruction of justice. There are many different kinds of obstruction of justice that are covered by different federal and state statutes. For example, separate federal statutes cover obstruction...
^^rsbm
^^rsbm
I’m reading a different section that refers to acts of omission or negligence related to manslaughter, murder. It doesn’t matter, though, because Junk will let her off. He will continue to protect her empire, even though she knew about the murders and tried to cover up her family’s involvement. Regardless of how she handled things in court, I still think she knew the murders were being planned and helped cover up her family’s involvement.
