GUILTY OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #65
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Judge denied motion to take DP off the table, so for now it seems it remains for GW and Billy until JW fulfills his plea agreement to testify against his remaining two co accused to the states satisfaction, only then are they free of the DP being a possible penalty,
I am not sure what will happen if either Billy or GW go to trial as it will start out as a capital case until JW satisfies his part of the plea deal and has testified to the states satisfaction, then it becomes a non capital trial, but surely they will have to seat a jury who is at first qualified on s capital trial and then after JW testimony it is a non capital trial, seems very confusing to me
I am not sure what will happen if either Billy or GW go to trial as it will start out as a capital case until JW satisfies his part of the plea deal and has testified to the states satisfaction, then it becomes a non capital trial, but surely they will have to seat a jury who is at first qualified on s capital trial and then after JW testimony it is a non capital trial, seems very confusing to me
back November 17th for another hearing, and I think they should have a Daubert hearing as I don't agree that ballistic science is as scientific as some experts make it out to be, also think shoe print science can be callenged in court,
think the issue will be revisited over how the wording of the plea deal with JW affects the DP for BW and GW, the state did argue that their contract is with JW and they can change the agreement/contract if they see fit,
BW has now got the other two plea deals so we shall see what they decide to do,
BW has now got the other two plea deals so we shall see what they decide to do,
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G4 attorneys are going to fight the deal . His attorney said before AC and Deering responded that it was BW’s right, mentioned appeals and longer court hearings by an extra month.
I hope this stuff about the terms of the proffer doesn’t draw these cases out any longer . But if memory serve me right, maybe someone else remembers at JW’s plea hearing Deering said (not exact words) that the decisions regarding the terms of the deal was his to accept and had final decision regarding them . etc Deering denied the motion today .
IMO BW is just delaying the inevitable. He’s got the proffers , he know the jig is up. He needs to ask what’s the best deal he can get. Maybe he will.
I noticed when he looked at the gallery he did not tip his head towards the gallery like he does when FW and/or RW are seated . I don’t know if they were there or not .
Billy Wagner's attorney is basically saying he wants to have his cake and eat it, too.
His attorneys are wrong to say that because Jake has testified truthfully (in his own hearing), that the plea agreement/contract commitment has been fulfilled. To him, that means the other defendants are now exempt from the DP.
The prosecution is saying Jake's agreement isn't finalized until after he testifies in the trials / hearings of his co-defendants.
The defense attorney should already know that. Plea agreements aren't fulfilled until the end of the trials, when all conditions have been met.
JMO IANAL
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Billy cannot fight JW deal his argument today was that in JW deal the state agrees to take the DP off the table if JW pled guilty (he has done) and testified in court (if their is a trial) to the satisfaction of the state, only then (the state argues) does Billy and GW get the DP removed, Billy through his attorneys think the wording of the agreement allows the DP to be taken off the table for him (and I presume GW) now, so he wanted the court to order that he no longer can be considered for the DP.
I think they will argue again over the DP but I think the judge agrees that the wording of the document means that the DP is only removed once JW has testified and the state are happy with his testimony then Billy and GW can benefit from JW plea.
It's a gamble. He could end up getting the DP when he could probably end up with LWOP. There's an abundance of evidence against Billy, including DNA, prior criminal record and his own co-defendant's testimony. The state has more than enough to convict him. No jury is going to be sympathetic, because, as the father in the family, he should have used his influence to stop his family from murdering 8 people in their sleep.
Billy's attorney should know that no plea agreement is effective until the defendant meets all the conditions, including testifying in co-defendants' trials. He's trying to hang his hat on a couple of words whose meanings he's trying to fudge.
ETA: Thanks for the updates on the last part of the hearing. Not long after it started my phone and doorbell started ringing.
RAISINISBACK
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Doesn't matter. Eyewitness testimony from Jake and Angie is going to sink them like an anchor.
JMO
Yeah it’s a gamble alright. I believe the state has more than enough evidence against him, and after his attorneys go over everything in the proffers they received he will give up. At least I hope so.
Yes I think it will be revisited.
Puzzles8
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IMO, Billy's defense attorneys are desperately grasping at straws.
Also, IMO, there will be no cake for Billy.....none
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The court has nothing to do with the prison. The Ohio prison system is %100 in charge once they take over custody of an inmate.
They decide what level the inmate will be in.
If bw is really plugged in to white power groups he won't have much of a problem in ohio. Those tattoos alone speak volumes- especially considering the punishment by gangs of people with "fake tatoos" ie someone not in gang getting an affiliated tat. I'd like to hope that crsrs associates would avenge him but many times criminals only truly care about themselves. Pedophiles child rapists even killers of women and children definitely get a target on their back
But when it comes to murderers in jail many times they actually recieve more respect in proportion to how violent their crime is. Disgusting bragging rights if you will. I'd think angela would have a worse time inprison. Its a very nice thought they'll be punish by inmates hopefully it will come thru.
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