OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

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DeWine, now governor-elect, said the Wagners had a "fixation" on the custody fight. "There certainly was obsession with custody, obsession with control of children," he said, declining to elaborate.

Jake Wagner and his mother Angela Wagner had denied there was a custody dispute in email exchanges with the Enquirer last year. They said there was a custody agreement they had simply wanted to formalize.

This was a quote interview to the enquirer from Angela Wagners in early 2017, do you see how Angela and Jake told the reporter about the emails to Hanna Rhoden about documents of the child custody and that was already signed by her and notarized, I think that the court has all the false news reports and the original documents to prosecute Rita Newcomb to the fullest, and that judge Deering keeps giving in / bending over backwards to give the Defense Attorney’s just about everything they ask for, when is it going to be the family/ the public turn to get some results of the court system, I just hope that AC keeps a extra eye out on Judge Deering, because so far he has not did anything for the victims!! JMO
 
Go Cool Cats! You have hit the nail on the head! IMO, Judge Deering is walking a slippery slope in allowing defense attorneys like Gerlach to waltz in and talk him into putting the GJ proceedings on trial. Really, really worrisome to me. JMO.
And worrisome to me. Thankx for your post Loomis. Appreciate it.

Let's get down to brass tacks here. We have 4 people sitting in jail waiting for death penalty trials to start because 100's of LE personnel, the Attorney General, Sheriff, and all the Ohio BCI, and prosecutors from Pike, and prosecutors from the Attorney General's office--Special Prosecutors, all think that these 4 people planned for months the calculated murders of 8 people. That they murdered these 8 people "carefully and methodically in cold blood" and then spent time "covering up their tracks" and "tampered" with the 4 crime scenes.

Then you have "multiple conversations" of the 4 Wagner's sitting together (Fred is present) discussing how they are going to take revenge out on the lead BCI agent who is almost always in court, Reader, and DeWine. No wait! 3 people is not enough, the alleged multiple murderers also want revenge on "anyone who goes against us."

Now these sociopaths want to get all their names--with all their testimony--of all the Grand Jurors who testified about (against) them. Grand Jurors who helped the prosecutors decide to indict them on 8 murder charges. Innocent people who didn't ask to get a Grand Jury summons, didn't ask to testify, and who rightly expected totally confidentiality.

I agree with you, Judge Deering should not put the GJ proceedings on trial, as you say.
Grand Juries are convened to help the prosecutor decide if there is enough evidence for an indictment. Period. Time to go on towards the trial and not drag up innocent Grand Juror's names and their personal testimony.

Sorry everyone if I'm getting somewhat emotional here. I just am really bothered by this. The Grand Jury witnesses are innocent people just living their lives like all of us. Most didn't ask to be relaxing at home only to be served with GJ subpoenas. They didn't ask for this. They should at least be able to stay private.

o_O........My 2 Cents.........:confused:
 
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And worrisome to me. Thankx for your post Loomis. Appreciate it.

Let's get down to brass tacks here. We have 4 people sitting in jail waiting for death penalty trials to start because 100's of LE personnel, the Attorney General, Sheriff, and all the Ohio BCI, and prosecutors from Pike, and prosecutors from the Attorney General's office--Special Prosecutors, all think that these 4 people planned for months the calculated murders of 8 people. That they murdered these 8 people "carefully and methodically in cold blood" and then spent time "covering up their tracks" and "tampered" with the 4 crime scenes.

Then you have "multiple conversations" of the 4 Wagner's sitting together (Fred is present) discussing how they are going to take revenge out on the lead BCI agent who is almost always in court, Reader, and DeWine. No wait! 3 people is not enough, the alleged multiple murderers also want revenge on "anyone who goes against us."

Now these sociopaths want to get all their names--with all their testimony--of all the Grand Jurors who testified about (against) them. Grand Jurors who helped the prosecutors decide to indict them on 8 murder charges. Innocent people who didn't ask to get a Grand Jury summons, didn't ask to testify, and who rightly expected totally confidentiality.

I agree with you, Judge Deering should not put the GJ proceedings on trial, as you say.
Grand Juries are convened to help the prosecutor decide if there is enough evidence for an indictment. Period. Time to go on towards the trial and not drag up innocent Grand Juror's names and their personal testimony.

Sorry everyone if I'm getting somewhat emotional here. I just am really bothered by this. The Grand Jury witnesses are innocent people just living their lives like all of us. Most didn't ask to be relaxing at home only to be served with GJ subpoenas. They didn't ask for this. They should at least be able to stay private.

o_O........My 2 Cents.........:confused:

Yes, some of the defense attorneys are making a push to get the names of the GJ's but they will get nowhere. The case law is very clear on that.

Judge Deering has already told some of the defense attorneys that if they have further issues regarding it, they'll have to bring it up at trial and show some evidence.

It has been ruled, however, that defendants can have access to their own testimony as part of their First Amendment rights. Federal law:

United States v. Procter & Gamble Co., 356 US 677 (1958), permitted the disclosure of grand jury transcripts under certain restrictions: "a private party seeking to obtain grand jury transcripts must demonstrate that 'without the transcript a defense would be greatly prejudiced or that without reference to it an injustice would be done'" and must make its requests "with particularity".[16] Further, First Amendment protections generally permit the witnesses summoned by a grand jury to discuss their testimony, although Dennis v. United States, 384 US 855 (1966), found that such public discussion permits release of the transcripts of their actual testimony.[16]

The Jencks Act, 18 U.S.C. § 3500, requires the government to disclose to the defense any statements made by the accused to the grand jury, and, with respect to non-party witnesses, that after a witness has testified on direct examination at trial, any statement made to the grand jury by such witness be disclosed to the defense.

But GJ's will remain secret

Grand jury proceedings are secret. No judge is present; the proceedings are led by a prosecutor;[15] and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all. While court reporters usually transcribe the proceedings, the records are sealed. The case for such secrecy was unanimously upheld by the Burger Court in Douglas Oil Co. of Cal. v. Petrol Stops Northwest, 441 US 211 (1979).[16][17] The dissenting opinion was joined by Justices Burger and Stewart but concurred with the Court's opinion as to the importance and rationale of grand jury secrecy. Writing for the Court, Justice Powell found that "if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily"; "witnesses who appeared before the grand jury would be less likely to testify fully and frankly"; and "there also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors". Further, "persons who are accused but exonerated by the grand jury [should] not be held up to public ridicule".[16]

Grand juries in the United States - Wikipedia
 
In his defense, I wouldn't have a clue about that either. :oops:

Just to clarify.

My post regarding AG's wife and the chickens was only to supply a link.

Someone else asked the original poster for a link. The original poster could not find a link. I happened to have the link in my research and was only posting the link to assist the original poster.
 
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What Is It Like to Serve on a Grand Jury? - WELL, in THIS House...
The most important thing to note is that all grand jury proceedings are completely secret. For a trial jury, only their deliberations are private, because the court proceedings are public. But for the grand jury, everything happens behind closed doors. There are severe penalties involved in breaking that secrecy, and in the over 20 years the DA has served, he says they’ve never had a grand jury leak.

Grand jury proceedings are supposed to be secret, but that secrecy can become harder to police once subpoenas go out and the circle of who knows about the grand jury widens.

What is Grand Jury Duty? (with pictures)

The grand jurors remain anonymous, even to the judge and the defense attorney.

What Are Grand Juries?
The grand jury operates in secrecy and the normal rules of evidence do not apply.

How Does a Grand Jury Work? - FindLaw
However, unlike the vast majority of trials, grand jury proceedings are kept in strict confidence. This serves two purposes:

  1. It encourages witnesses to speak freely and without fear of retaliation.
  2. It protects the potential defendant's reputation in case the jury does not decide to indict.

Thank you CC so much. This is great info re Grand Juries. And thank the rest of you who supplied info too.
 
No problem. I did a year-long project with an author once where I transcribed a lot of interviews with Welsh, Scots and English rock musicians, so I got pretty good at it.

Well done, Betty - I've only transcribed one investigation, but that makes me know it's very hard work... to get all the verbiage correct. Much appreciated.
 
Tuesday, October 8th:
*Motions Hearing (@ 1:30pm ET) - OH - Pike County 8 people dead: Christopher R/hoden, 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 (38). 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 *Edward Jacob "Jake" Wagner (26) (former boyfriend of Hanna) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/27/18) with 8 counts aggravated murder, (plus gun specifications on each), 1 count conspiracy, 4 counts aggravated burglary, 1 count unlawful possession of dangerous ordnance, 3 counts evidence tampering, 1 count forgery, 1 count unauthorized use of property, 1 count interception of wire, oral or electronic communication, 1 count obstructing justice, 1 count engaging in a pattern of corrupt activity & unlawful sexual conduct with a minor. (He’s accused of engaging in sexual contact with Hanna Rhoden when she was 15 & he was 20). Plead not guilty. Held without bond.
Court hearings from 11/27/18 thru 4/4/19 reference post #142 here: OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue 4 Members Wagner Family Arrested#48
5/13/19 Update: Moved hearing to 5/14. 5/14/19: Next pretrial hearing on 6/10.
6/10/19 Update: Motion to fund experts filed-granted. Journal entry ordering filing under seal-the envelope to which this journal entry is attached contains 3 motions & 3 journal entries filed under seal with the Judge. Next motion hearing on 9/17.
9/17/19 Update: They met in judge’s chambers for a little over an hour. The defense team filed approximately 40 new motions today.
The judge postponed the 5 motions that were to be argued today. All motions will be heard on the same day on October 8. Wagner trial has been postponed once again, an additional year, to a date of on or after January 31, 2021. Wagner was questioned by Judge and confirmed he understood. Waive his rights to a speedy trial effective from 1/31/2020 thru 1/31/21 filed. Apparently defense has filed 35 additional pretrial motions today (see post #). Hearing on those motions will be Oct. 8 at 1:30pm. Nov. 1 is cut off for Fact Specific Motions. Dec. 11 will be pretrial on Fact Specific Motions.

*Angela Jo Wagner – Pretrial hearing on 12/11.
*George Washington Wagner IV – Pretrial & Scheduling conference hearing on 1/21/20.
*George Washington Wagner III – Fact Specific Motions hearing on 12/9.
*Rita Jo Newcomb – Trial scheduled for 10/21-has been continued. No date yet.
*Fredericka Carol Wagner – 6/26/19 Charges dismissed without prejudice.
 
Update in red. I'm posting this so I can shorten it up a bit. :)

Monday, October 7th:
*Motions Hearing (@ pm 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 (38). Hanna Rhoden's baby girl (5 days old), another baby (6 mos) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) – Only for *Rita Jo Newcomb (65) (Maternal grandmother) indicted (11/12/18), arrested (11/13/18), charged & arraigned (11/15/18) with 3 counts: forgery, obstructing justice & perjury. Plead not guilty. $50K Surety bond.
Trial set to begin 10/21/19 has been scheduled. No date yet as of 10/8/19. Expected to last 4 days.
Court information & hearings from 11/15/18 to 6/14/19 reference post #1509 here:
OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested#49
7/25/19 Update: Next Motions hearing on 8/28. Motion to expedite revocation of bond hearing. Rita broke a strict house arrest rule by having long conversations with Angela.
8/28/19 Update: Five motions pending. First two about compelling discovery. Also motion for change of venue, motion to dismiss and motion to revoke bond.
Re defendant's motion to dismiss indictment due t irregularities in Grand Jury proceedings. Judge Deering hears arguments & testimony & overrules the motion, doesn't see any irregularities or anything sufficient to show problems. Judge is going to let all the RN GJ testimony go to the defense counsel only. Counsel shall make no statements about this matter in public in court or to any source. Defense wants "counsel only" restriction lifted on evidence related to handwriting analysis. Also want them to remove redactions.
Re defendant’s motion for change of venue. Judge says it’s premature to expect the prosecution to present its case right now. Will dismiss the motion. They can bring it up at trial.
Re State's motion to revoke bail - Judge verifies those are recorded phone calls, State provided recordings of the 13 specific phone calls and sent them to RN's defense. Judge Deering that he is going to expand the order - no phone calls can be taken by AW at RN's home. No phone calls can be taken by anyone else in her household. If the court finds calls are being received or made to Wagner or if people while at that house are receiving or making calls to her then one of two things will happen; you’ll go to jail or you can’t live in that home anymore." Next Motions hearing Oct. 7. Judge will hear arguments regarding redacted documents turned over to the defense by prosecutors. Trial still remains on 10/21.

10/7/19 Update: See Betty P's post #586 for update on 10/7 hearing. Here: OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51
Trial has been re-scheduled to a date w/in maximum of 30 days of original date of Oct. 21.

*George Washington Wagner III – Fact Specific Motions hearing on 12/9.
*Angela Jo Wagner – Pretrial motions hearing on 12/11.
*George Washington Wagner IV - Next pretrial & scheduling conference hearing on 1/21/20.
*Edward Jacob "Jake" Wagner – Next pretrial hearing on 10/8. Fact Specific Motions hearing on 12/11.
*Fredericka Carol Wagner – 6/26/19 Charges dismissed without prejudice.



@Betty P - hope you don't mind I'm using your summary of the hearing for reference?! :) It was a lot easier than posting the whole thing.... :rolleyes:
 
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I really don't feel the presence of chickens, even fighting chickens, at the Rhoden properties has played out as a logical motive in these murders.
MOO, the only connection might be illegal betting/illegal fighting.
From the limited evidence we've all seen so far in these cases, I think we can rule this out as a motive.
JMO, MOO, etc....

I agree. We don't even know if they were fighting roosters. My brother breeds his for sale and is in no way involved in fighting chickens.
 
Update in red. I'm posting this so I can shorten it up a bit. :)

Monday, October 7th:
*Motions Hearing (@ pm 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 (38). Hanna Rhoden's baby girl (5 days old), another baby (6 mos) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) – Only for *Rita Jo Newcomb (65) (Maternal grandmother) indicted (11/12/18), arrested (11/13/18), charged & arraigned (11/15/18) with 3 counts: forgery, obstructing justice & perjury. Plead not guilty. $50K Surety bond.
Trial set to begin 10/21/19 has been scheduled. No date yet as of 10/8/19. Expected to last 4 days.
Court information & hearings from 11/15/18 to 6/14/19 reference post #1509 here:
OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested#49
7/25/19 Update: Next Motions hearing on 8/28. Motion to expedite revocation of bond hearing. Rita broke a strict house arrest rule by having long conversations with Angela.
8/28/19 Update: Five motions pending. First two about compelling discovery. Also motion for change of venue, motion to dismiss and motion to revoke bond.
Re defendant's motion to dismiss indictment due t irregularities in Grand Jury proceedings. Judge Deering hears arguments & testimony & overrules the motion, doesn't see any irregularities or anything sufficient to show problems. Judge is going to let all the RN GJ testimony go to the defense counsel only. Counsel shall make no statements about this matter in public in court or to any source. Defense wants "counsel only" restriction lifted on evidence related to handwriting analysis. Also want them to remove redactions.
Re defendant’s motion for change of venue. Judge says it’s premature to expect the prosecution to present its case right now. Will dismiss the motion. They can bring it up at trial.
Re State's motion to revoke bail - Judge verifies those are recorded phone calls, State provided recordings of the 13 specific phone calls and sent them to RN's defense. Judge Deering that he is going to expand the order - no phone calls can be taken by AW at RN's home. No phone calls can be taken by anyone else in her household. If the court finds calls are being received or made to Wagner or if people while at that house are receiving or making calls to her then one of two things will happen; you’ll go to jail or you can’t live in that home anymore." Next Motions hearing Oct. 7. Judge will hear arguments regarding redacted documents turned over to the defense by prosecutors. Trial still remains on 10/21.

10/7/19 Update: See Betty P's post #586 for update on 10/7 hearing. Here: OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51
Trial has been re-scheduled to a date w/in maximum of 30 days of original date of Oct. 21.

*George Washington Wagner III – Fact Specific Motions hearing on 12/9.
*Angela Jo Wagner – Pretrial motions hearing on 12/11.
*George Washington Wagner IV - Next pretrial & scheduling conference hearing on 1/21/20.
*Edward Jacob "Jake" Wagner – Next pretrial hearing on 10/8. Fact Specific Motions hearing on 12/11.
*Fredericka Carol Wagner – 6/26/19 Charges dismissed without prejudice.



@Betty P - hope you don't mind I'm using your summary of the hearing for reference?! :) It was a lot easier than posting the whole thing.... :rolleyes:

Thank you, Niner! These pre-trial hearings are keeping us busy tracking dates, but hopefully it will begin to fall into place as they get closer to the actual trial dates.
 
Well done, Betty - I've only transcribed one investigation, but that makes me know it's very hard work... to get all the verbiage correct. Much appreciated.
Yes! I don't have the faintest idea how Betty does it so fast! Takes me quite a while to painstakingly do and Betty does it instantaneously. The hearing is barely over and she has the information....:)
 
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Update in red. I'm posting this so I can shorten it up a bit. :)

Monday, October 7th:
*Motions Hearing (@ pm 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 (38). Hanna Rhoden's baby girl (5 days old), another baby (6 mos) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) – Only for *Rita Jo Newcomb (65) (Maternal grandmother) indicted (11/12/18), arrested (11/13/18), charged & arraigned (11/15/18) with 3 counts: forgery, obstructing justice & perjury. Plead not guilty. $50K Surety bond.
Trial set to begin 10/21/19 has been scheduled. No date yet as of 10/8/19. Expected to last 4 days.
Court information & hearings from 11/15/18 to 6/14/19 reference post #1509 here:
OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested#49
7/25/19 Update: Next Motions hearing on 8/28. Motion to expedite revocation of bond hearing. Rita broke a strict house arrest rule by having long conversations with Angela.
8/28/19 Update: Five motions pending. First two about compelling discovery. Also motion for change of venue, motion to dismiss and motion to revoke bond.
Re defendant's motion to dismiss indictment due t irregularities in Grand Jury proceedings. Judge Deering hears arguments & testimony & overrules the motion, doesn't see any irregularities or anything sufficient to show problems. Judge is going to let all the RN GJ testimony go to the defense counsel only. Counsel shall make no statements about this matter in public in court or to any source. Defense wants "counsel only" restriction lifted on evidence related to handwriting analysis. Also want them to remove redactions.
Re defendant’s motion for change of venue. Judge says it’s premature to expect the prosecution to present its case right now. Will dismiss the motion. They can bring it up at trial.
Re State's motion to revoke bail - Judge verifies those are recorded phone calls, State provided recordings of the 13 specific phone calls and sent them to RN's defense. Judge Deering that he is going to expand the order - no phone calls can be taken by AW at RN's home. No phone calls can be taken by anyone else in her household. If the court finds calls are being received or made to Wagner or if people while at that house are receiving or making calls to her then one of two things will happen; you’ll go to jail or you can’t live in that home anymore." Next Motions hearing Oct. 7. Judge will hear arguments regarding redacted documents turned over to the defense by prosecutors. Trial still remains on 10/21.

10/7/19 Update: See Betty P's post #586 for update on 10/7 hearing. Here: OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51
Trial has been re-scheduled to a date w/in maximum of 30 days of original date of Oct. 21.

*George Washington Wagner III – Fact Specific Motions hearing on 12/9.
*Angela Jo Wagner – Pretrial motions hearing on 12/11.
*George Washington Wagner IV - Next pretrial & scheduling conference hearing on 1/21/20.
*Edward Jacob "Jake" Wagner – Next pretrial hearing on 10/8. Fact Specific Motions hearing on 12/11.
*Fredericka Carol Wagner – 6/26/19 Charges dismissed without prejudice.



@Betty P - hope you don't mind I'm using your summary of the hearing for reference?! :) It was a lot easier than posting the whole thing.... :rolleyes:
Defense wants "counsel only" restriction lifted on evidence related to handwriting analysis. Also want them to remove redactions
Am I to take this as meaning the handwriting analysis report by prosecution given to defense has redactions?
 
Wasn't Jake in court today? I can't find anything about it. Anyone know anything about it?

Youngest Wagner in Pike County Massacre set to appear in court

By Brian Planalp | October 8, 2019 at 1:37 PM EDT - Updated October 8 at 2:54 PM

WAVERLY, Ohio (FOX19) - The youngest Wagner family member charged with murder in 2016′s Pike County massacre will appear in court Tuesday at 1:30 p.m.
 
Yes! I don't have the faintest idea how Betty does it so fast! Takes me quite a while to painstakingly do and Betty does it instantaneously. The hearing is barely over and she has the information....:)

My notes aren't verbatim, if that helps. I'm just giving a partial transcription or sometimes just summarizing what the judge or attorney said.
 
Sorry, I missed it, busy with something else. Sounds like routine stuff about the long list of motions his attorneys filed

Youngest Wagner in Pike County Massacre appears in court

Tuesday’s court appearance was a pretrial motion hearing, where the prosecution and defense attorneys jockeyed over everything from discovery requests to jury instructions to the duration certain gruesome images are allowed for display—in short, anything that might prejudice an outcome in the case.


Link to video of Jake's hearing

FOX19 - WATCH LIVE: Youngest Wagner in Pike County...

I don't have time to transcribe right now, but will try to get to it later. Apparently the recording of the hearing is over an hour long....
 
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