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

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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

I TOTALLY agree with this. Well said.
 
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.

BBM Agree 100%! I don't know who's paying Gerlach but I totally agree that he's helping the other attorney's. I wish they weren't allowed to discuss the cases with each other. It doesn't seem like a good idea to me, not in the interest of a fair trial.
 
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..;):p.LOL

But we figure it out together! Smile
 
BBM Agree 100%! I don't know who's paying Gerlach but I totally agree that he's helping the other attorney's. I wish they weren't allowed to discuss the cases with each other. It doesn't seem like a good idea to me, not in the interest of a fair trial.
So the Gag order placed on these trials doesn't apply to the 5 defendant's attorneys conferring back and forth I take it, unfortunate.
 
BBM Agree 100%! I don't know who's paying Gerlach but I totally agree that he's helping the other attorney's. I wish they weren't allowed to discuss the cases with each other. It doesn't seem like a good idea to me, not in the interest of a fair trial.

Yes, (in a hearing early on) Deering gave the defense attorneys free reign to talk to each other, and even to the grandmothers and co-defendants! Does anyone remember this? JMO until I find a link.
 
Not positive about that, but that was my understanding.
JMO
So the Gag order placed on these trials doesn't apply to the 5 defendant's attorneys conferring back and forth I take it, unfortunate.
i said that I thought they were conferring with each other and that’s why they wanted to know what was in the “ important stuff “ box, not necessarily for them but for the others, MOO
 
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?

I don't know why Deering would make such a decision, but my trust in him sure plummeted. I've tried to give him the benefit of the doubt till now. I mean, geez, allowing RN to take the stand to try to discredit the Grand Jury proceedings, then allowing Gerlach to call the court reporter...knowing these proceedings are SECRET for a reason... And then as if that wasn't enough....

JMO
 
I don't know why Deering would make such a decision, but my trust in him sure plummeted. I've tried to give him the benefit of the doubt till now. I mean, geez, allowing RN to take the stand to try to discredit the Grand Jury proceedings, then allowing Gerlach to call the court reporter...knowing these proceedings are SECRET for a reason... And then as if that wasn't enough....

JMO
Does the judge live close to the Wagners, maybe Judge Deering is scared of the Wagners family, JMO
 
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
BBM above...As of Friday Gerlach had won and AC's motions were denied. It would seem going into today's court, she didn't have an upper hand to force anything.

I sure wish we could have seen exactly how all that went down today. It's very odd that the Judge changed his ruling. I'm sure glad he did but would love to know why the defense folded. I forsee the prosecution fighting these three witnesses testifying tooth and nail. JMO
 
BBM above...As of Friday Gerlach had won and AC's motions were denied. It would seem going into today's court, she didn't have an upper hand to force anything.

I sure wish we could have seen exactly how all that went down today. It's very odd that the Judge changed his ruling. I'm sure glad he did but would love to know why the defense folded. I forsee the prosecution fighting these three witnesses testifying tooth and nail. JMO

Oh, but she did! She had Crim. Rule 16...the rules of Discovery...on her side. Gerlach could not defend his lateness in bringing forth this Discovery. AC simply held him to the rules of Discovery.
 
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Found it! Deering giving the green light to Jake's attorneys to talk to all defense attorneys and all co-defendants, including the grandmothers, in these cases:

Jake's pretrial hearing Jan 24 2019


Listen at 30:00
through 37:28 and following...
 
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I don't know why Deering would make such a decision, but my trust in him sure plummeted. I've tried to give him the benefit of the doubt till now. I mean, geez, allowing RN to take the stand to try to discredit the Grand Jury proceedings, then allowing Gerlach to call the court reporter...knowing these proceedings are SECRET for a reason... And then as if that wasn't enough....

JMO

No it's not enough! Now Gerlach has again subpoenaed the GJ Court Reporter (TP) to testify at trial:
11/12/2019 SHERIFFS RETURN ON SUBPOENA -- T. P. SERVED PERSONALLY 11/1/19

Why? After all, her testimony led to Deering denying the Motion to:

08/05/2019 MOTION TO DISMISS INDICTMENT DUE TO IRREGULARITIES IN GRAND JURY PROCEEDINGS

09/20/2019 Journal Entry
The Defendant, through her counsel, elected to proceed first with the Defendant's "Motion To Dismiss Indictment Due to Irregularities in Grand Jury Proceedings." The Court having heard the sworn, oral testimony by the Defendant and of Teresa Parmeter, who was the court reporter for and during the grand jury proceedings in this action and who, in such capacity operated a recording device, and the Court having heard the arguments of counsel, finds that Defendant's motion entitled "Motion to Dismiss Indictment Due to Irregularities in Grand Jury Proceedings" is not well taken; and it is ordered that such motion be, and hereby is, overruled and denied.
 
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