OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #58

[Betty P]

Jake

10/27/2020
DEFENDANT'S MOTION FOR CONTINUANCE OF OCTOBER 29, 2020 PRE-TRIAL

10/27/2020
ENTRY -- PRETRIAL HEARING PREVIOUSLY SET FOR OCTOBER 29, 2020 IS CONTINUED TO WEDNESDAY, DECEMBER 2, 2020 AT 1:30PM

Thanks for checking! As we suspected. Wonder if the rumor about COVID 19 is true? I haven't followed the news on COVID in Ohio lately, but new cases have spiked very high. IIRC, JW is in Franklin County jail, right?

Yes, he's still there

Booking

From this article a couple of weeks ago, its a problem at the Franklin Co jail

Columbus police chief blasts OSU professors over letter asking to release jail inmates

 

[Johnny B Bad]

I would never entertain the notion that any of these 4 people will ever get out of jail, period. Were that to somehow happen, they would be a danger to many people in the community. It would also be an unacceptable miscarriage of justice. I certainly hope Pike County, OH is not the kind of place where jurors are likely to let dangerous mass killers out of jail to prey upon innocent people. I would like to think people in Pike County are smarter than that.

Obviously, the judge knows better than to let any of them out. The evidence Judge Deering has seen so far (more than the public knows) led him to keep them in jail and only transport them in the most secure manner.

The bad thing about these Predators is they like to get their pray in the dark!!!!! JMO

 

[Johnny B Bad]

D

 

[Ann99]

I have a feeling the entire "Speedy Trial" issue will raise its head again and it may be a problem.
We know Pike County has had an issue with it over the years...

In trying to understand the speedy trial meaning, facts surrounding the timing I have read a few articles and can not make heads or tails of it for purposes of our discussions.

Do we have an attorney on Webseluths?
Someone who could speak to the time frame for a speedy trial, (or not), and how much time there is before a trial must take place under these conditions of capital murder, constant motions on each side, hearings and pretrials and also the covid restrictions?

I truly am worried.

There is a term that is used when referring to "time" in a speedy trial situation.
It is " tolling" - During certain legal actions/situations, time is not counted.

Finally, is there a specific time frame for a "NOT Speedy Trial"?
Will time run out at some point?

I am concerned about these issues. When?
I believe we look toward - The Actual Trials.
Again, any attorneys out there who could explain?

 

[Betty P]

I have a feeling the entire "Speedy Trial" issue will raise its head again and it may be a problem.
We know Pike County has had an issue with it over the years...

In trying to understand the speedy trial meaning, facts surrounding the timing I have read a few articles and can not make heads or tails of it for purposes of our discussions.

Do we have an attorney on Webseluths?
Someone who could speak to the time frame for a speedy trial, (or not), and how much time there is before a trial must take place under these conditions of capital murder, constant motions on each side, hearings and pretrials and also the covid restrictions?

I truly am worried.

There is a term that is used when referring to "time" in a speedy trial situation.
It is " tolling" - During certain legal actions/situations, time is not counted.

Finally, is there a specific time frame for a "NOT Speedy Trial"?
Will time run out at some point?

I am concerned about these issues. When?
I believe we look toward - The Actual Trials.
Again, any attorneys out there who could explain?

JMO, if they want a speedy trial, let them have it. My impression is that the state is ready. They've gathered all the evidence and shared it with the defense. If defense is pushing for a speedy trial, they can't complain anymore about discovery or this or that piece of evidence that they need transcribed, catalogued, etc.

If they're trying to gain some advantage by "rushing" the trials through, I'm not sure how that helps them, but IANAL. Perhaps they think want all the cases tried simultaneously in different jurisdictions? Trying to overwork the prosecution staff? It's possible, as JW is trying to object to the appointment of a third prosecutor from DeWine's staff to the State's team. I'm just guessing here.

It doesn't sound like the defense teams have much to work with and are just trying to sow chaos, disrupt the process as much as possible and hope for many opportunities to appeal or get a mistrial declared. Mistrial is probably a big goal as these are 4 separate DP trials and will be very expensive for the state to have to try a second time. Expect to hear them making many of these motions once trials begin. It doesn't mean there's anything wrong, its just a tactic.

ETA: Also, with the COVID 19 pandemic raging on for nearly a year, defense attorneys are going to have a hard time convincing any judge to agree with them about a "speedy trial" argument. The entire system is backed up right now. Judges are very much at risk of getting sick if their calendar isn't handled carefully, as are the court employees.

 

[Loudestbough]

On the speedy trial issue... Forgive me if this was posted 500 posts ago, but have any of the W's waved their right to a speedy trial? I know thats pretty standard procedure in cases where they know its going to be long from the get go. Also, once you waive a right, you can't go back and change your mind later.

They can push the issue, but as Betty P noted, this is an unprecedented time. All courts are backed up, from Capital cases all the way to civil ones. I know that my custody case took an extra 6 months just because we couldn't get a court date, even though they were in foster care, and that was technically an emergency. The W's are going to have a hard time saying their right to a speedy trial is being infringed if literally everything is slow. It would be a different story if there was no progress and it was the judicial system's fault.

My opinions only of course.

 

[Betty P]

On the speedy trial issue... Forgive me if this was posted 500 posts ago, but have any of the W's waved their right to a speedy trial? I know thats pretty standard procedure in cases where they know its going to be long from the get go. Also, once you waive a right, you can't go back and change your mind later.

They can push the issue, but as Betty P noted, this is an unprecedented time. All courts are backed up, from Capital cases all the way to civil ones. I know that my custody case took an extra 6 months just because we couldn't get a court date, even though they were in foster care, and that was technically an emergency. The W's are going to have a hard time saying their right to a speedy trial is being infringed if literally everything is slow. It would be a different story if there was no progress and it was the judicial system's fault.

My opinions only of course.

Yes, they all waived their right to a speedy trial. It's usually recommended in capital cases to allow defense attorneys time to review all the evidence, argue pretrial motions, etc. The only person who didn't waive their right to a speedy trial was Fredericka Wagner, and it worked in her favor, at least temporarily. She had far fewer charges, too.

 

[Niner]

Jake: 04/04/2019 WAIVER OF SPEEDY TRIAL FILED

GW3: 12/04/2018 WAIVER OF SPEEDY TRIAL


GW4: 11/28/2018 WAIVER OF SPEEDY TRIAL
05/22/2019 ENTRY GRANTING MOTION TO CONTINUE PRETRIAL SCHEDULED FOR MAY 23, 2019 TO MONDAY, JUNE 10, 2019 AT 10:00AM; DEFENDANT'S SPEEDY TRIAL TIME IS TOLLED THROUGHOUT PERIOD OF SUCH CONTINUANCE FILED
07/24/2019 WAIVER OF SPEEDY TRIAL
08/13/2019 After having conferred with his attorneys concerning his right to a speedy trial under constitutional provisions and under statutory law, the Defendant, on the record in open court, orally waived his right to a speedy trial, and the Defendant also executed a written "Waiver of Speedy Trial." The Court finds the Defendant's waiver of the right to a speedy trial to be knowing, voluntary and intelligent, and the Court approves the Defendant's waiver of speedy trial.
The Court finds the Defendant's Motion To Continue Jury Trial to be well-taken, and the Court grants said motion; and it is hereby ORDERED that the Assignment Commissioner shall re-schedule the jury trial in this action for a date to be determined at a later time.

AW: 11/30/2018 WAIVER OF SPEEDY TRIAL FILED

 

[Cool Cats]

On the speedy trial issue... Forgive me if this was posted 500 posts ago, but have any of the W's waved their right to a speedy trial? I know thats pretty standard procedure in cases where they know its going to be long from the get go. Also, once you waive a right, you can't go back and change your mind later.

They can push the issue, but as Betty P noted, this is an unprecedented time. All courts are backed up, from Capital cases all the way to civil ones. I know that my custody case took an extra 6 months just because we couldn't get a court date, even though they were in foster care, and that was technically an emergency. The W's are going to have a hard time saying their right to a speedy trial is being infringed if literally everything is slow. It would be a different story if there was no progress and it was the judicial system's fault.

My opinions only of course.

Appears he filed 2x's to get his speedy trial rights back one week apart. Unless it's a mistake of some sort.

George Wagner III (Billy)

12/04/2018
WAIVER OF SPEEDY TRIAL

10/07/2020
MOTION FOR SPEEDY TRIAL FILED Attorney: PRO SE (without attorney)

10/13/2020
DEFENDANT'S REQUEST TO WITHDRAW PRO SE MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED

10/13/2020
ENTRY GRANTING DEFENDANT'S REQUEST TO WITHDRAW MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED

10/14/2020
MOTION FOR SPEEDY TRIAL FILED Attorney: PRO SE (without attorney)

10/15/2020
DEFENDANT'S REQUEST TO WITHDRAW PRO SE MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED

10/15/2020
ENTRY GRANTING DEFENDANT'S REQUEST TO WITHDRAW MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED

 

[Niner]

@Cool Cats - I didn't include those pro se ones - since we all know about them & his attorneys withdrew them....

 

[Cool Cats]

@Cool Cats - I didn't include those pro se ones - since we all know about them & his attorneys withdrew them....

I posted them for @Loudestbough
to see because I thought they hadn't seen those and might find it interesting. Thankx for the other speedy trial posts.

 

[Betty P]

I posted them for @Loudestbough
to see because I thought they hadn't seen those and might find it interesting. Thankx for the other speedy trial posts.

Yes, it was interesting. I kind of wish his attorneys had let his request go forward. It would be interesting to see how quickly he would have ended up on death row.

 

[Caylee Advocate]

Never wise to put a cart before the horse. Hopefully those responsible for these horrible murders will be convicted, but for now it's a wait and see as to how it all turns out. Sigh.

 

[GoBuckeyes]

I have a feeling the entire "Speedy Trial" issue will raise its head again and it may be a problem.
We know Pike County has had an issue with it over the years...

In trying to understand the speedy trial meaning, facts surrounding the timing I have read a few articles and can not make heads or tails of it for purposes of our discussions.

Do we have an attorney on Webseluths?
Someone who could speak to the time frame for a speedy trial, (or not), and how much time there is before a trial must take place under these conditions of capital murder, constant motions on each side, hearings and pretrials and also the covid restrictions?

I truly am worried.

There is a term that is used when referring to "time" in a speedy trial situation.
It is " tolling" - During certain legal actions/situations, time is not counted.

Finally, is there a specific time frame for a "NOT Speedy Trial"?
Will time run out at some point?

I am concerned about these issues. When?
I believe we look toward - The Actual Trials.
Again, any attorneys out there who could explain?

They've each waved their right to a speedy trial.

 

[Betty P]

They've each waved their right to a speedy trial.

Yes, at every hearing Judge Deering asks them all the relevant questions about their lawyers, if they have any requests, questions, etc. He's been covering his bases and giving them ample opportunity to object or complain about their attorneys or to request a speedy trial.

 

[Johnny B Bad]

Seriously, do you Sluthers think with all the smiles and laughter that Edward Jake Wagner does during the pretrials that he is a Sociopath????
Jake Wagner smiles and laughs when Judge Deering is explaining something to him or trying to ask him a question just as if they are best friends or something, JMO

 

[sunshineray]

Seriously, do you Sluthers think with all the smiles and laughter that Edward Jake Wagner does during the pretrials that he is a Sociopath????
Jake Wagner smiles and laughs when Judge Deering is explaining something to him or trying to ask him a question just as if they are best friends or something, JMO

It's called inappropriate affect, a social anxiety issue. I guess it can be associated with different disorders or just something a person does to cope. They smile to lessen anxiety in the moment.

 

[cryssyx3]

This is pretty interesting. In Pennsylvania, for one private individual (i.e. not a licensed firearms dealer) to sell another private individual a pistol, it has to go through a dealer with a FFL (Federal Firearms License). Long guns such as rifles and shotguns are OK to sell face to face on the side of the road without going through a licensed dealer, but that's a big no-no for selling a pistol - that requires a background check. Looks like that isn't the case in Ohio from the little bit of research that I just did.

Fayette county? I graduated from Uniontown HS!

 

[CIA Team Member]

Seriously, do you Sluthers think with all the smiles and laughter that Edward Jake Wagner does during the pretrials that he is a Sociopath????
Jake Wagner smiles and laughs when Judge Deering is explaining something to him or trying to ask him a question just as if they are best friends or something, JMO

Yes, I've said that all along. Ever since the picture of him smiling with daughter in a newspaper article shortly after the murders. He's a sociopath. He was behind the murder plot pushed and egged on via his mom. IMO The other 2 just went along because....family.
My useless 2 cents.

 

[Sleuthinsleuther]

Yes, it was interesting. I kind of wish his attorneys had let his request go forward. It would be interesting to see how quickly he would have ended up on death row.

So billy filed to have a speedy trial now but his own lawyers blocked it? Am I understanding this right