OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #77

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Niner said:
I see @arielilane has done no tweets - I shall grab the bunch from James - after I eat dinner! :)
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Sorry for the delay, it's been a busy morning:

Retweeted:
Prosecutors played recordings of wiretaps from the phones and vehicle of the Wagner family,
@jamespilcher
reports. BCI agents put listening devices in the family's SUV as they crossed into Montana on their way back from a trip to Alaska.

Good morning from Pike Co. murder trial of George Wagner IV - Day 24 of testimony. First we hear if defense can play entire phone recordings from wiretaps as part of cross-examination. If not, then BCI will continue testifying about wiretaps and info found on laptop.

Deering ruling from the bench on this issue on recording - saying Evidence Rule 106 does allow other parts of a recording. Adverse party (defense) has burden to show the new portion is admissable AND relevant. Cites the current Singh murder case in Butler County.

But he says the portions defense wants to introduced are not relevant to the parts the prosecution played. And that the prosecution did not take the excerpts out of context.

Also said some of those excerpts would be hearsay and introduce the defendant's testimony without him taking the stand. So he rules against defense and will not allow the playing of the full recordings.

Eveslage back on stand now. Defense will ask to play the full thing in open court and will be objected - and will be sustained so he can't play it.

BCI's Eveslage - disputes defense characterization that the portions played "were a tiny sliver" of what was recorded. Says it was a glimpse

Now on re-direct. Canepa asks about civilians, and whether they took Tabitha Claytor (George's ex-wife) to border - no they didn’t.

Former BCI agent Bryan White recalled to stand. Reminder - he handled a lot of crime scenes but is now a Lt. with Madison Co. Sheriff's office.

He helped take measurements of Jake, George and Billy's hands and feet and fingerprints at Pike Co. sheriff's office. Contracted with shoe print expert William Bodziak

Bodziak was going to do comparision with shoe prints found at crime scenes. He requested take tracing using a pen of right and left foot of all three. Use measuring device feet without shoes on. Same device using at shoe store. Requested mold/foam impression of feet.

Here’s Jake’s impression - BCI did this in July 2018
Also did tracings of their feet
https://twitter.com/jamespilcher

White drove it and hand delivered it to Bodziak in Florida given that it is evidence. He then took it back and drove back to Columbus Ohio.

Also took palm prints - wanted to compare to the photo of someone holding the 1911 Walther Colt .22 because there was enough detail shown. It was on Jake Wagner's phone - that was the make and model of murder weapon.

Took fingerprints as well. Not pulled out of the envelopes.

Here are those pictures again
Here are those gun pictures again https://twitter.com/jamespilcher

Done with direct - defense's Parker now up for cross. This was July 23 2018 when BCI did the examination. Included photos of George Wagner, shows George cooperated with search.
Here’s that picture https://twitter.com/jamespilcher

Only question on cross. Only question on re-direct is how many years since homicide when the exam was done - two. That's it for White at this time.

Prosecutor Wilson introduces stipulation - three separate labs agreed the palm print in the photo holding the 1911 .22 caliber was that of Edward "Jake" Wagner. Now taking 15 minute break now but it might be longer due to witness not here yet. No longer than 30 minutes.

Judge Deering asks that prosecution go over the wiretap portions with defense beforehand - so we don't have what happened yesterday so that the judge doesn't have to listen to hours of tape and delay trial and jury any more.

We're waiting on BCI special agent Jennifer Comisford - she was in courthouse yesterday but didn't get called.
 
I know there’s background noise but I also feel like part of the problem is the sound equipment being used in the court room

Can the jurors request the transcripts? I would. May not get them (and that would seriously irritate me) but I would ask for them.

Side note: You know in movies & on TV, they can fade out the background noise. Why don’t we have that technology for real?
 
Pru2U said:
I know there’s background noise but I also feel like part of the problem is the sound equipment being used in the court room

Can the jurors request the transcripts? I would. May not get them (and that would seriously irritate me) but I would ask for them.

Side note: You know in movies & on TV, they can fade out the background noise. Why don’t we have that technology for real?
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I believe they do have transcripts.
 
How do these hours worth of inaudible tapes have to do with George conspiring to murder the Rhoden's? This must be torture to the poor jury. They have no means of escape. MOO
 
Pru2U said:
I know there’s background noise but I also feel like part of the problem is the sound equipment being used in the court room

Can the jurors request the transcripts? I would. May not get them (and that would seriously irritate me) but I would ask for them.

Side note: You know in movies & on TV, they can fade out the background noise. Why don’t we have that technology for real?
Click to expand...
If the transcripts are admitted into evidence why wouldn't they be available to the jury?
 
Starting new thread for second morning session for George Wagner IV trial. On stand is BCI special agent Jennifer Comisford testifying about when Angela Wagner brought in for handwriting analysis.

They videotaped the process. Included a handwriting expert from BCI when this happened.

Here is the document taken out
Sorry forgot picture- they also asked her to sign as Hanna Rhoden as well as her mom Rita Newcomb - each signed 40 times https://twitter.com/jamespilcher

Defense only asks if she collected samples from George Wagner - no not on that day. Comisford is done now.

State is recalling Eveslage to the stand.

Jake's cell backup. The time was 11:06 pm but that was UTC time - which is 7:06 pm Eastern time on April 21. Was searched at that time - about four hours before the murders.

That phone backup included videos on Jake's phone - predominantly dealing with Rhodens about Sophia.

These were done inside his pocket - first one you can hear Hanna Rhoden saying she doesn't want to live with her parents her entire life. She was talking about moving in with Corey Holdren. Sophia is yelling throughout. Hanna also says "I'm moving in”

The prosecution wants to have Eveslage read transcripts but defense objects. This recording was from December 2015. Judge not allowing it. Right around the time of the screenshotted Facebook message about custody and they'd have to kill me first.

Another one from December 21, 2015 - with Jake talking to Hanna about Tabitha Claytor - George's ex-wife. You can hear Jake saying "I wouldn't sit next to her."

Saying she's got bedbugs and those critters jump. This is on second playing of the tape. Jake says "she's going to lie." Also talking about where she's going to college. Not know where it is. Jake asking Hanna does she know where it is.

Apparently Dana Rhoden was also on the tape. Referenced that Sophia called Dana Rhoden “Nana"

Going through these videos/recordings one by one. Most are hard to make out. These were from late 2015 and early 2016 as Jake and Hanna were fighting over Sophia custody. Jake recorded all the interactions with Hanna surreptitiously

Another recording from Feb 2016 - Hanna tells Jake she's going to an AC/DC concert. He asks her since when does she like that band ... hope she doesn't sing along to "Highway to Hell"

Jake tells Hanna that Tabitha Claytor can only have supervised visits with her son Bulvine (George's son too).

Next recording is March 18, 2016 - just about month before murders. Jake gets tour of the Rhodens' new house by Sophia and Dana Rhoden.

First time there are recordings at the new house.

Next up is a conversation between Jake and Hanna about her pregnancy from April 9, 2016 - not very audible.

They went through 11 recordings. Going to break for lunch before they cross-examination. Sidebar at bench before the break.
 
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Pru2U said:
I know there’s background noise but I also feel like part of the problem is the sound equipment being used in the court room

Can the jurors request the transcripts? I would. May not get them (and that would seriously irritate me) but I would ask for them.

Side note: You know in movies & on TV, they can fade out the background noise. Why don’t we have that technology for real?
Click to expand...
They absolutely do have the technology and have for many years
 
@arielilane - ALERT!! I have these already copied!! Up to about 3 minutes ago was the last post about Jake.

James Pilcher
@jamespilcher
Starting new thread for second morning session for George Wagner IV trial. On stand is BCI special agent Jennifer Comisford testifying about when Angela Wagner brought in for handwriting analysis.

They videotaped the process. Included a handwriting expert from BCI when this happened.

Here is the document taken out

Sorry forgot picture- they also asked her to sign as Hanna Rhoden as well as her mom Rita Newcomb - each signed 40 times

Doc1.jpg Doc2.jpg

Defense only asks if she collected samples from George Wagner - no not on that day. Comisford is done now. @local12
State is recalling Eveslage to the stand.

Testifying now about the Boondock Saints 2 "Ding dong" scene found on Jake's cell backup. The time was 11:06 pm but that was UTC time - which is 7:06 pm Eastern time on April 21. Was searched at that time - about four hours before the murders.

That phone backup included videos on Jake's phone - predominantly dealing with Rhodens about Sophia

These were done inside his pocket - first one you can hear Hanna Rhoden saying she doesn't want to live with her parents her entire life. She was talking about moving in with Corey Holdren. Sophia is yelling throughout. Hanna also says "I'm moving in"

The prosecution wants to have Eveslage read transcripts but defense objects. This recording was from December 2015. Judge not allowing it. Right around the time of the screenshotted Facebook message about custody and they'd have to kill me first.

Another one from December 21, 2015 - with Jake talking to Hanna about Tabitha Claytor - George's ex-wife. You can hear Jake saying "I wouldn't sit next to her."

Saying she's got bedbugs and those critters jump. This is on second playing of the tape. Jake says "she's going to lie." Also talking about where she's going to college. Not know where it is. Jake asking Hanna does she know where it is.

Apparently Dana Rhoden was also on the tape. Referenced that Sophia called Dana Rhoden "Nana"


16m
Going through these videos/recordings one by one. Most are hard to make out. These were from late 2015 and early 2016 as Jake and Hanna were fighting over Sophia custody. Jake recorded all the interactions with Hanna surreptitiously

Another recording from Feb 2016 - Hanna tells Jake she's going to an AC/DC concert. He asks her since when does she like that band ... hope she doesn't sing along to "Highway to Hell"

Jake tells Hanna that Tabitha Claytor can only have supervised visits with her son Bulvine (George's son too).


link: https://twitter.com/jamespilcher
 
Pru2U said:
I know there’s background noise but I also feel like part of the problem is the sound equipment being used in the court room

Can the jurors request the transcripts? I would. May not get them (and that would seriously irritate me) but I would ask for them.

Side note: You know in movies & on TV, they can fade out the background noise. Why don’t we have that technology for real?
Click to expand...
Recordings can only be enhance so much before they are considered altered. At that point they lose evidentiary value. Also, this is not a TV show or movie. IMO.
 
sunshineray said:
Only thing I'm getting out of these tapes is how completely unaware HR is of what the W's were planning to do. </3
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I think it's monotonous, but we are getting pieces of how Jake was trying to get info out of Hannah. I'm thinking the dates of some of the intercepted messages will be in close proximity to these recordings.

It also shows that Hannah was cooperative as a co parent. Absolutely zero discussion of her giving custody to Jake.

When Jake takes the stand he can also verify what was said or talked about. They have to introduce them I guess this way because she is the one to examine these recordings and collect it as evidence. Maybe later when Jake takes the stand if they talk about these again and the defense objects then Jake being a party on the recordings can testify to what exactly is said?
 
This one is hard to hear. My God it shows just how evil these acts were.

Sophia showing her daddy around her new house and her new room. This would have been a month or less before the murders right? Dana and her kids moved in to this house in March.
 
Pru2U said:
I understand it’s real life, I’m asking about real life technology.
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But you were literally comparing these recordings to what you have experienced with movies a TV shows. Imo.
 
Here is why transcripts are not being read/shown in court:

Witness has transcripts of all the audio.
Transcripts were created by prosecution witness.
Defense objects to them being read in court because they may not be accurate.
Judge has ruled in favor of defense.
 
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