OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #54

[Nanasteele]

You all know that Angela and Jake are survivors, they know something because both of them like to smile in court to much, more Jake than Angela, JMO those to are getting ready to trade a pair of George’s to LWP, JMO

I think they both are just arrogant!

 

[Betty P]

Good article and about the only scene from the courtroom showing AW's greasy hair that I can find. Did any posters watch the hearing live and if so can you please post a link? @Betty P and @Cool Cats ?

She looks awful. J M O Surely someone can pay for her a haircut!

Wagner mother appears in court for another pre-trial hearing

Sorry, didn't watch. I was busy yesterday. Will check it out today. Being in jail for so long probably is affecting her looks.

 

[Cool Cats]

Seems I popped in in the middle of something. Anyway, to anyone who thinks the Ws are innocent (I have no idea who does and doesn't), for purposes of discussion, would you be willing to share your any altethoughts and any alternative suspects and theories? TIA

What mitigating factors exist for the Ws? TIA Can prior bad acts be brought up at sentencing? Again, TIA.

First of all, as you say, if some people think the Wagners could be innocent or are innocent of some of the charges or are being overcharged, etc...Then yes, please post your theory. No one has the right to disparage your theories.

As for the sentencing phase here is something:

The 1st part of a Capital Trial is the Guilt Phase Trial

2nd part is the Penalty Phase Trial

Different, more relaxed, rules of evidence apply during the penalty phase. The prosecution typically presents aggravating evidence. Aggravating evidence is that which suggests that death is the appropriate penalty.

The defense attorney typically presents mitigating evidence. Mitigating evidence is that which suggests the defendant does not deserve to be sentenced to death.
Factors that a jury might consider in deciding whether to impose the death penalty include:

• The circumstances of the crime
• The defendant’s mental and emotional state at the time of the crime
• Whether the defendant was legally insane or intoxicated at the time of the crime
• Whether the defendant believed the crime to be morally justified
• The defendant’s age and level of participation in the crime
• Prior felony convictions
• Other violent crimes committed by the defendant, whether he was convicted or not
• The victim’s role or participation in the murder
• Victim impact evidence (the impact of the murder on the victim’s family and friends)
• Any other extenuating circumstances.
• 
  
• Death Penalty Phases of Trial
• Blythe Leszkay is an experienced and successful criminal attorney, criminal law professor, and legal technical consultant to writers, producers and filmmakers.

 

[Cool Cats]

@GoBuckeyes

I thought you might be interested in these Motions that have been filed for the Penalty Phase Trial for the Wagners -- all relating to the Sentencing/Penalty Phase Trial, if they are found guilty in the first trial, the Guilt Phase Trial.

The Motions use the term Mitigating Phase which means the Sentencing/Penalty Phase.

Mitigating Factors:

Mitigation, also referred to as "mitigating factors" or "mitigating evidence," is evidence the defense can present in the sentencing phase of a capital trial to provide reasons why the defendant should not receive a death sentence.

DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS

DEFENDANT'S MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE ON DEATH PENALTY, PUBLICITY, AND OTHER ISSUES FILED

STANDARD FOR "DEATH-QUALIFICATION" OF VENIREPERSONS FILED

DEFENDANT'S MOTION TO EXCLUDE VENIREPERSONS WHO CANNOT FAIRLY CONSIDER MITIGATING EVIDENCE AND/OR WHO WOULD AUTOMATICALLY VOTE FOR DEATH UPON A FINDING OF GUILT IN THE CULPABILITY PHASE

DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY

DEFENDANT'S MOTION IN LIMINE TO PROHIBIT VICTIM-IMPACT EVIDENCE DURING THE TRIAL AND, IF NECESSARY, THE MITIGATION PHASE

DEFENDANT'S MOTION TO DETERMINE AND LIMIT PLAINTIFF'S SENTENCING PHASE EVIDENCE OUTSIDE THE PRESENCE OF THE JURY

DEFENDANT'S MOTION FOR INSTRUCTION THAT THE DEFENDANT BEARS NO BURDEN OF PROOF AT THE MITIGATING PHASE

DEFENDANT'S MOTION IN LIMINE REGARDING EVIDENCE AND ARGUMENTS RELATED TO ANY "MENTAL HEALTH" EVIDENCE PRESENTED IN MITIGATION

DEFENDANT'S MOTION IN LIMINE TO LIMIT SCOPE OF ANY REBUTTAL EVIDENCE OFFERED BY THE STATE IN THE MITIGATION PHASE

DEFENDANT'S MOTION TO PROHIBIT THE PROSECUTOR FROM ARGUING AND THE COURT FROM GIVING INSTRUCTIONS REGARDING STATUTORY MITIGATING FACTORS NOT RAISED BY THE DEFENSE

DEFENDANT'S MOTION IN LIMINE REGARDING THE ADMISSIBILITY OF MITIGATING EVIDENCE THAT POST-DATES DEFENDANT'S ARREST

DEFENDANT'S MOTION TO AVOID COERCIVE PRACTICES DURING MITIGATION PHASE DELIBERATIONS

DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE

DEFENDANT'S MOTION TO ALLOW THE DEFENSE TO ARGUE LAST AT THE MITIGATION PHASE

DEFENDANT'S MOTION TO INSTRUCT THE JURY TO CONSIDER MERCY IN ITS MITIGATION PHASE DELIBERATIONS, AND TO PROHIBIT THE PROSECUTOR FROM ARGUING THAT THE JURY SHOULD NOT CONSIDER MERCY

 

[Betty P]

Sorry, didn't watch. I was busy yesterday. Will check it out today. Being in jail for so long probably is affecting her looks.

I meant to add, I'm holding off posting a lot until more is happening in the trials, probably more after the March meeting of the attorneys.

Tricia and the Mods seem pretty busy and a little short handed here and I'm trying to avoid giving them too much work to do, moderating and creating new threads.

 

[Cool Cats]

CC
I really hope that FW is on here tonight reading what you just posted, RW will have to call the hart Dr, JMO

Not sure any of us realize how serious and damaging these conversations might be to all 4 Wagners. Just the fact that defense and prosecutors are meeting out of court at BCI is just in my opinion a red flag. This isn't one conversation, it's multiple. I do not think they only discussed revenge and breaking out of jail in multiple conversations if you know what I mean.

I always said from the beginning, before I found WS, that if the Cartel did it they will get away, but if it's locals they will give it away because they will get comfortable and start talking amongst themselves and they will get wiretapped and quite possibly incriminate themselves. This could be something that has happened. Well we will see. All just opinion.

 

[Cool Cats]

I meant to add, I'm holding off posting a lot until more is happening in the trials, probably more after the March meeting of the attorneys.

Tricia and the Mods seem pretty busy and a little short handed here and I'm trying to avoid giving them too much work to do, moderating and creating new threads.

Maybe you could be a Mod? I have no idea how it works but you would make a great Mod....Just Saying....

 

[Betty P]

Maybe you could be a Mod? I have no idea how it works but you would make a great Mod.

I've not been asked. It's ok, we should probably avoid posting a whole lot if there's not much to discuss right now.

 

[Cool Cats]

I've not been asked. It's ok, we should probably avoid posting a whole lot if there's not much to discuss right now.

Right. Not much to add at this point. Later there will be.
Need to shovel snow.....Burrr....LOL

 

[Caylee Advocate]

Seems I popped in in the middle of something. Anyway, to anyone who thinks the Ws are innocent (I have no idea who does and doesn't), for purposes of discussion, would you be willing to share your any altethoughts and any alternative suspects and theories? TIA

I really don't know what to say, but I am not the right person to share input on the Wagner's innocence because anyone that has been on here from the get go knows I have said numerous times that IF they are guilty I could insert the needle and hope it's dull. I am one of those that doesn't do the group think as my belief.

<modsnip>

This case will not make or break me. <modsnip> My life doesn't revolve around this case. In fact if I were not local I doubt I would even post on this thread. Just being honest, my interest is more into missing children, and that's where I post moreso than here.

Regardless, I do hope justice is served in these cases. After all, the kids are the ones who lost the most.

 

[Loomis124]

I meant to add, I'm holding off posting a lot until more is happening in the trials, probably more after the March meeting of the attorneys.

Tricia and the Mods seem pretty busy and a little short handed here and I'm trying to avoid giving them too much work to do, moderating and creating new threads.

Betty, are you saying we should not continue to post until after the March meeting? I do not agree. Without posts, this thread will die. CC posts good information to read every day. Other posters ask good questions. JMO

 

[Loomis124]

This link you posted is the closest to her hearing I can find.

Yes I'm still holding out here....analyzing the court docket and motions!

The arguments for this motion will keep me up at night. I expect witnesses to be called to attest to this during his trial. I think Canepa will get this evidence admitted!

Motions heard on Wagner’s past behavior, grisly photos
Motions heard in murder case - Times Gazette

10/08/2019 STATE'S RESPONSE TO DEFENDANT'S MOTION #23 TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS, OR ACTS (MOTION 23)

As one example of the motions argued Tuesday (10-8-19) defense attorney Gregory Meyers asked the court not to allow the prosecution to mention his client’s alleged previous behavior during his murder trial.

“There is some evidence Mr. Wagner was violent with one of the victims prior to the murders,” said state Special Prosecutor Angela Canepa.

The Court finds the State of Ohio opposes, at least in part, Defendant's Motions Number ........23.........the State of Ohio indicated such motions are premature and the orders and rulings requested would be premature.

Sorry, CC, just trying to catch up.

I agree, without a doubt, the past of all 4 is going to all come OUT and will be allowed, IMO. It's too important to the cases to not allow. AC and Pierson HAVE GOT THIS, IMO. AC has LIVED this case since April 22, 2016. Defense attorneys have no idea what all is coming. JMO

 

[Loomis124]

Another suggestion has been to put the evidence in a searchable database


I wonder if this to will be kept from us also?

Hey Johnny, can you share a link where this suggestion was made, please? I'm very interested. I've heard of this now becoming the norm in cases such as these.

 

[Loomis124]

You all know that Angela and Jake are survivors, they know something because both of them like to smile in court to much, more Jake than Angela, JMO those to are getting ready to trade a pair of George’s to LWP, JMO

Well, one thing for sure...I've never seen either George even begin to crack a smile in court...wait. I think I remember GW3 smiling when RW brought his attention to some women being in court to support him on one occasion. March 2019, IIRC. JMO

 

[Loomis124]

There is someone on here with us don’t know if they are posting but you know CC we was giving Fredericka all kind of comments about not showing up at court hearing and never to Angela less than 2 weeks ago and here she is (Early To)

You are SO right on, Johnny! JMO

 

[Johnny B Bad]

Hey Johnny, can you share a link where this suggestion was made, please? I'm very interested. I've heard of this now becoming the norm in cases such as these.

It on AW court dockets information
https://pikecountycpcourt.org/eserv...xYs6KpLbwgvJRCozb*EN7Pq-KYNNM7LBhLfKDnJ*7Y0yQ

 

[Johnny B Bad]

02/27/2020 JOURNAL ENTRY -- On February 25, 2020, this cause came on for a pre-trial hearing. The Defendant was present in court for the pre-trial hearing and was represented by her attorneys, Robert F. Krapenc and Mark M. Hunt. The State of Ohio was represented at the pre-trial hearing by the Prosecuting Attorney, Rob Junk, and by Special Prosecuting Attorneys, Angela R. Canepa and Anthony D. Pierson. Also present was Ryan Scheiderer, Special Agent with the Ohio Bureau of Criminal Identification and Investigation "Ohio BCI&I"). The Defendant appeared at the pre-trial hearing without restraints visible outside of her clothing. The Court inquired at the pre-trial hearing held February 25, 2020, concerning the status of the State of Ohio's provision of discovery to the Defendant, and the Court was informed by the State of Ohio that discovery was not yet complete. At the pre-trial hearing held on December 11, 2019, counsel for the Defendant indicated to the Court that the Defendant intended to file a motion for the appointment of a discovery coordinating attorney, or "CDA" in this action, to assist the parties by ensuring that full discovery is provided and by helping the defendant and the state of Ohio organize the discovery material for effective study and presentation at trial. As of the time of the pre-trial hearing on February 25, 2020, a motion for the appointment of a CDA had not been filed; however, the Defendant apparently served a motion for the appointment of a CDA upon the Prosecuting Attorneys, because on February 10, 2020, the State of Ohio filed a response to a defense motion for the appointment of a CDA . The parties indicated to the Court at the pre-trial this day that they have scheduled a meeting of counsel for State of Ohio and counsel for the Defendant to take place on March 13, 2020, at the offices of the Ohio BCI&I in order for counsel to peruse the items of discovery and for counsel for the State of Ohio to provide some assistance to the Defendant's attorneys in organizing the items of discovery provided. It is the Court's understanding that the State of Ohio intends to have completed the provision of discovery to the Defendant by the time of the meeting on March 13, 2020. The parties have also previously discussed the feasibility of a searchable data base being provided in order to assist the parties in organizing the discovery and to prepare for trial. The Court will therefore reserve a determination whether a CDA should be employed in this action until the Court has received more information concerning the estimated cost of such employment, and until the Court has received information concerning the result of the meeting of counsel scheduled for March 13, 2020, and the result of counsel's investigation concerning the feasibility having a searchable data based provided. The Court finds that at this time, the defense has not filed fact-based pre-trial motions, also referred to as "substantive motions;" but that it is anticipated that fact-based pre-trial motions will be filed after the meeting of counsel concerning discovery has been held on March 13, 2020. Upon the court's inquiry, the Defendant indicated to the Court that she is satisfied with the frequency with which she is seeing her attorneys and that she is satisfied with the services being provided by her attorneys in representing her in this action. Upon the court's further inquiry, counsel for the Defendant indicated to the Court that they are satisfied with the access they have been provided to the Defendant and have no complaints concerning the proceedings. Counsel for the State of Ohio indicated to the Court that the State of Ohio is satisfied with the pace of the proceedings and have no complaints. Upon agreement of the parties, another pre-trial hearing is scheduled in this action for Thursday, April 23, 2020 at 1:30 p.m. There being no further matters before the Court, said Court was adjourned.

 

[Loomis124]

It on AW court dockets information
https://pikecountycpcourt.org/eserv...xYs6KpLbwgvJRCozb*EN7Pq-KYNNM7LBhLfKDnJ*7Y0yQ

Thank you so much! I am a little behind on the journal entries!

 

[Loomis124]

Right. Not much to add at this point. Later there will be.
Need to shovel snow.....Burrr....LOL

CC, no! Shoveling snow does nothing to bring justice to HGilley and the Rhodens being shot to death in their own homes! As you told me, so I tell you, "Do not leave this site, and keep posting!!" Plus you said more, lol. You keep this thread alive. Please don't stop posting!

 

[Loomis124]

Right. Not much to add at this point. Later there will be.
Need to shovel snow.....Burrr....LOL

DBM double post