OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #52

[Johnny B Bad]

A question was posed previously concerning age limits and whether or not JW was pushing his trial date back to take advantage of that, if there is indeed such a limit. I think that's what JBB is asking about with Judge Deering. Am I close JBB?

Yes, he has let the 4 Wagners have just about everything they ask for and Rita should be behind bars, JMO

 

[Loomis124]

I missed it somehow. Now I can see it here...

I missed it the first time, too.

 

[Loomis124]

Yes, he has let the 4 Wagners have just about everything they ask for and Rita should be behind bars, JMO

Yep!

 

[Dudly]

So many people want to blame AC and the Prosecution for the trial not starting today because they were not prepared after all this time. It looks to me like the Defense purposefully caused the problem, or made a huge mistake, that delayed the start of the trial.
Maybe the Defense was not ready and wanted to make it look like the Prosecution was not ready. Smoke, mirrors, and mind games... My opinion only...

 

[Fight4justice]

Yes, he has let the 4 Wagners have just about everything they ask for and Rita should be behind bars, JMO

I agree

 

[Cool Cats]

So many people want to blame AC and the Prosecution for the trial not starting today because they were not prepared after all this time. It looks to me like the Defense purposefully caused the problem, or made a huge mistake, that delayed the start of the trial.
Maybe the Defense was not ready and wanted to make it look like the Prosecution was not ready. Smoke, mirrors, and mind games... My opinion only...

I at first felt this way, that the prosecution wasn't ready, especially considering Fred's Case was dismissed and yet 4 months later there is a 5 day search on her property.
But in analyzing the State's Motion for a Trial Continuance it seems abundantly clear ( to me) that Rita's attorney instigated a trial diversion tactic to get the upper hand. It didn't work.

Evidently Judge Deering allowed the prosecution to argue it's Case this morning and then agreed to give the prosecution more time.

Perhaps the new hearing, scheduled 2 weeks from today, will allow Judge Deering to see if the prosecution is ready for trial so he can set the date, and also to argue a Motion against the 3 witnesses testifying.
If Rita doesn't plea and Deering doesn't dismiss her charges, I see no reason what-so-ever that we won't be seeing a trial.

According to the State Rita's attorney, Franklin Gerlach, dumped 198 files and 3 surprise witnesses on the prosecution 4 days before trial. Gerlach's excuse is that they don't plan to use the file documents in the trial, that QUOTE:
" The 'Daily Files' (Bruce Daily) material was never intended to be introduced at trial but merely used to help the witness refresh his memory if nessasary."

Do you see how ridiculous this is? The defense says the documents won't be brought up in trial yet Mr. Daily is going to use them in his testimony! This is an attorney who talks in circles to muddy the waters of truth..Let's confuse the jury into an acquittal..
Of course the defense did not address the 3 surprise witnesses foisted on the prosecution and the prosecution's inability to have time to prepare a Motion to object to their testimony.

Bottom line, Judge Deering is not allowing the defense's ambush to continue. He is allowing the prosecution, in the interest of justice, to have more time to analyze this new evidence and to have time to file their Motion to exclude these 3 witnesses from testifying.

....2 Cents....

 

[Fight4justice]

Let me say that this has been the LONGEST 3+ years ever as has this past weekend. When the defense dropped this “ new evidence and witnesses” on the state and AC asked for a delay and was denied she said the state needed time to go through the evidence and they thought there should be a hearing concerning the 3 witnesses. So maybe that is why there is a hearing scheduled instead, over the 3 witnesses. MOO

 

[Myland]

Jmo this was odd today, especially to schedule another hearing and not a new trial date. I believe it is more to do with the Reader brothers than the Dailey files. The state questioned Dailey in the past Jmo
Jmo why would Charlie’s brother need to take the fifth? He isn’t charged with anything jmo

 

[Caylee Advocate]

Good news is coming in the form of $$$ to help fund the W4 trials. The State Controlling Board led by State Represenative S.Wilkins (Highland County) got this funding approved.

 

[bowler]

Certainly a possibility. Imo

Jmo this was odd today, especially to schedule another hearing and not a new trial date. I believe it is more to do with the Reader brothers than the Dailey files. The state questioned Dailey in the past Jmo
Jmo why would Charlie’s brother need to take the fifth? He isn’t charged with anything jmo

Maybe they shouldn't be testifying to things needed for the trial of the 4, you know, in 20 years. If then

 

[Merrygirl]

Brian Reader is not charged with anything, IIRC.

I agree, and I am all for Sheriff Reader and think he is being railroaded. Just wondering what Gerlach’s motive could be to call the Reader bros.

 

[Loomis124]

I at first felt this way, that the prosecution wasn't ready, especially considering Fred's Case was dismissed and yet 4 months later there is a 5 day search on her property.
But in analyzing the State's Motion for a Trial Continuance it seems abundantly clear ( to me) that Rita's attorney instigated a trial diversion tactic to get the upper hand. It didn't work.

Evidently Judge Deering allowed the prosecution to argue it's Case this morning and then agreed to give the prosecution more time.

Perhaps the new hearing, scheduled 2 weeks from today, will allow Judge Deering to see if the prosecution is ready for trial so he can set the date, and also to argue a Motion against the 3 witnesses testifying.
If Rita doesn't plea and Deering doesn't dismiss her charges, I see no reason what-so-ever that we won't be seeing a trial.

According to the State Rita's attorney, Franklin Gerlach, dumped 198 files and 3 surprise witnesses on the prosecution 4 days before trial. Gerlach's excuse is that they don't plan to use the documents in the trial, that QUOTE:
" The 'Daily Files' (Bruce Daily) material was never intended to be introduced at trial but merely used to help the witness refresh his memory if nessasary."

Do you see how ridiculous this is? The defense says the documents won't be brought up in trial yet Mr. Daily is going to use them in trial. This is an attorney who talks in circles to muddy the waters of truth..Let's confuse the jury into an acquital.

Of course the defense did not address the 3 surprise witnesses foisted on the prosecution and the prosecution's inability to have time to prepare a Motion to object to their testimony.

Bottom line, Judge Deering is not allowing the defense's ambush to continue. He is allowing the prosecution, in the interest of justice, to have more time to analyze this new evidence and to have time to file their Motion to exclude these 3 witnesses from testifying.

....2 Cents....

CC, I agree, except...I refuse to give Deering any credit here. He read and understood the State's memorandum to continue and STILL ruled against them last week. Utterly ridiculous IMO. No excuse for it. None. Zilch. Notta.

Talk about "Obstruction of Justice." I shudder to think what would have happened if this trial had started today. All Just my Opinion.

 

[Merrygirl]

I don’t post often, but I have this case since Day 1. I was on this site when the news was breaking, and the talk going around was that poor young Chris Jr had killed his family, because his body hadn’t been found yet. I don’t understand how this kind of behavior from Defense is allowed over & over again. I’m feeling very discouraged today and a bit sad. I can’t imagine how the Rhoden and Gilley families and friends are coping with how this is being treated and allowed by the judge. Makes me lose faith in many things. I was so invested in both Travis Alexander and Heather Elvis and there has been some justice handed out in those cases, but I’m starting to think that these trials are never going to happen.

Thanks to all of you sleuthers who keep your heels dug in and Pursue justice for this family.

Welcome back Renee110. Btw, Casey Anthony’s trial took 3 yrs and that was only for 1 trial. We may be here for quite a while.

 

[Loomis124]

I agree, and I am all for Sheriff Reader and think he is being railroaded. Just wondering what Gerlach’s motive could be to call the Reader bros.

I feel the same about Sheriff Reader. And I still believe FW is behind all of this. Revenge backed by money!

I believe AC is 100% correct in the reason Gerlach called the last 3 witnesses.

All just my opinion.

 

[Loomis124]

So many people want to blame AC and the Prosecution for the trial not starting today because they were not prepared after all this time. It looks to me like the Defense purposefully caused the problem, or made a huge mistake, that delayed the start of the trial.
Maybe the Defense was not ready and wanted to make it look like the Prosecution was not ready. Smoke, mirrors, and mind games... My opinion only...

I think you have hit the nail right on the head, Dudly! Appreciate your post.

 

[Fight4justice]

I agree, and I am all for Sheriff Reader and think he is being railroaded. Just wondering what Gerlach’s motive could be to call the Reader bros.

Sheriff Reader came across as the most concerned about the surviving children and their safety, he won my vote right there!

 

[Cool Cats]

CC, I agree, except...I refuse to give Deering any credit here. He read and understood the State's memorandum to continue and STILL ruled against them last week. Utterly ridiculous IMO. No excuse for it. None. Zilch. Notta.

Talk about "Obstruction of Justice." I shudder to think what would have happened if this trial had started today. All Just my Opinion.

Well your right and I see what you mean and agree (no argument here ). I assume that Canepa argued the Motion for Continuance in front of Judge Deering using THE SAME ARGUMENTS IN THE WRITTEN MOTION..!

Why was the prosecution forced into having to argue this before the Court when all the facts were concisely presented, on time, in the State's Motion?

And I agree, why would the Judge rule (initially) against a Motion that so clearly shows the prosecution will be put at a serious disadvantage if not given reasonable and adequate time to simply process new evidence and witnesses?

 

[Puzzles8]

I agree, and I am all for Sheriff Reader and think he is being railroaded. Just wondering what Gerlach’s motive could be to call the Reader bros.

To try to potentially discount and taint the Reader brother's testimony at the trials of the W4.

I think Gerlach is working with the W4's defense attorneys to try to sabotage the trials of the W4. I think they cooked up this stunt last minute. Convicting RN really wouldn't carry much of a consequence for her, but would adversely affect the W4's trials. By making RN's trial become a "poison pill" of sort, the prosecution might be persuaded to dismiss RN's charges.

At this point, it appears the prosecution has a very solid evidentiary case. The defense might think their only chance now is to question the credibility of the evidence collected and the reputation of the state's witnesses.

JMO, I think I recall that Gerlach represented Billy in some of his past legal brushes with the law. I can probably guess who is paying him.

JMO, MOO, etc.

 

[Loomis124]

I at first felt this way, that the prosecution wasn't ready, especially considering Fred's Case was dismissed and yet 4 months later there is a 5 day search on her property.
But in analyzing the State's Motion for a Trial Continuance it seems abundantly clear ( to me) that Rita's attorney instigated a trial diversion tactic to get the upper hand. It didn't work.

Evidently Judge Deering allowed the prosecution to argue it's Case this morning and then agreed to give the prosecution more time.

Perhaps the new hearing, scheduled 2 weeks from today, will allow Judge Deering to see if the prosecution is ready for trial so he can set the date, and also to argue a Motion against the 3 witnesses testifying.
If Rita doesn't plea and Deering doesn't dismiss her charges, I see no reason what-so-ever that we won't be seeing a trial.

According to the State Rita's attorney, Franklin Gerlach, dumped 198 files and 3 surprise witnesses on the prosecution 4 days before trial. Gerlach's excuse is that they don't plan to use the file documents in the trial, that QUOTE:
" The 'Daily Files' (Bruce Daily) material was never intended to be introduced at trial but merely used to help the witness refresh his memory if nessasary."

Do you see how ridiculous this is? The defense says the documents won't be brought up in trial yet Mr. Daily is going to use them in his testimony! This is an attorney who talks in circles to muddy the waters of truth..Let's confuse the jury into an acquittal..
Of course the defense did not address the 3 surprise witnesses foisted on the prosecution and the prosecution's inability to have time to prepare a Motion to object to their testimony.

Bottom line, Judge Deering is not allowing the defense's ambush to continue. He is allowing the prosecution, in the interest of justice, to have more time to analyze this new evidence and to have time to file their Motion to exclude these 3 witnesses from testifying.

....2 Cents....

My opinion...

Gerlach agreed with the continuance because AC forced his hand and told him if the trial started today, his 198 Dailey files and his last 3 witnesses were OUT.

and,

Deering had to rule to continue because Gerlach did.

I'm not too smart, but this isn't rocket science!

JMO

 

[Cool Cats]

My opinion...

Gerlach agreed with the continuance because AC forced his hand and told him if the trial started today, his 198 Dailey files and his last 3 witnesses were OUT.

and,

Deering had to rule to continue because Gerlach did.

I'm not too smart, but this isn't rocket science!

JMO

Agree again! I have to have other poster's perspectives like this for it to begin to make some sense. Yes Canepa could get that evidence thrown out, yes Deering would go along if Gerlach agreed with Canepa. I'm a "rocket scientist" and still can't figure it out...LOL