OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #80

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Pru2U said:
I read if judge ignores, it could cause mistrial. Waiting for James to finish his Twitter thoughts.
Click to expand...

Aha! Now it makes sense. A novel defense strategy. JMO

Whether the public hears the broadcast of the testimony doesn't matter to the jury. They're hearing it. All they know is that someone is making them sit in court a lot longer than before.

JMO, this will backfire against the defense.
 
https://twitter.com/jamespilcher

Second morning thread from a very eventful day at the George Wagner IV murder trial in Pike Co. Jake Wagner was supposed to resume testifying but there has been development by way of media rules and opting in etc. On recess until 1 p.m.

Scioto Valley Guardian editor

@DerekMyers
filed an appeal over those media orders in general and this morning the 4th district court of appeals unanimously overturned the rules. Three judge panel ruled there needs to be hearing if any restrictions are to be put in place.

The court needs to find that the court should be open with no opting out of video unless the hearing "finds that there exists a reasonable and substantial basis for believing that public access could harm or endanger the fairness of the adjudication.

The ruling landed during morning break, and lawyers from both sides went into chambers for on-record conference, then joined by Jake Wagner's lawyers. We're standing by to see if there will be a hearing called before testimony starts again.

Other reasons the court could put restrictions into place per this ruling: "the potential for harm outweighs the benefits of public acccess" and "there are no reasonable alternatives to closure.”

Other key notes from Jake's testimony this morning: Jake said he didn't tell his daughter Sophia that her mother Hanna Rhoden was dead until a week or two after the homicides.

Jake testified he, his brother and his father went to all the Rhoden funerals, including Gary's in Kentucky. Also said he looked at Chris Rhoden Sr as "a second father and hoped he would be my father in law."

Also Jake said he tried to erase the memory of the killings entirely, and told his parents that he was bottling it all up. Also said the family started worrying about BCI listening in after his first interview with agents after the murders.

Finally - Jake said his mother Angela Wagner started the page asking for donations for his legal expenses to keep Sophia. Says he got $1,000 out of it.

Second morning thread from a very eventful day at the George Wagner IV murder trial in Pike Co. Jake Wagner was supposed to resume testifying but...
 
Betty P said:
Aha! Now it makes sense. A novel defense strategy. JMO

Whether the public hears the broadcast of the testimony doesn't matter to the jury. They're hearing it. All they know is that someone is making them sit in court a lot longer than before.
Click to expand...

Well, this is only the judgement that just came back this morning. I'm not seeing a date of the original motion on the judgement but I suspect it was filed the same day or soon after Myers was ejected from the arena.
 
arielilane said:
https://twitter.com/jamespilcher

Second morning thread from a very eventful day at the George Wagner IV murder trial in Pike Co. Jake Wagner was supposed to resume testifying but there has been development by way of media rules and opting in etc. On recess until 1 p.m.

Scioto Valley Guardian editor

@DerekMyers
filed an appeal over those media orders in general and this morning the 4th district court of appeals unanimously overturned the rules. Three judge panel ruled there needs to be hearing if any restrictions are to be put in place.

The court needs to find that the court should be open with no opting out of video unless the hearing "finds that there exists a reasonable and substantial basis for believing that public access could harm or endanger the fairness of the adjudication.

The ruling landed during morning break, and lawyers from both sides went into chambers for on-record conference, then joined by Jake Wagner's lawyers. We're standing by to see if there will be a hearing called before testimony starts again.

Other reasons the court could put restrictions into place per this ruling: "the potential for harm outweighs the benefits of public acccess" and "there are no reasonable alternatives to closure.”

Other key notes from Jake's testimony this morning: Jake said he didn't tell his daughter Sophia that her mother Hanna Rhoden was dead until a week or two after the homicides.

Jake testified he, his brother and his father went to all the Rhoden funerals, including Gary's in Kentucky. Also said he looked at Chris Rhoden Sr as "a second father and hoped he would be my father in law."

Also Jake said he tried to erase the memory of the killings entirely, and told his parents that he was bottling it all up. Also said the family started worrying about BCI listening in after his first interview with agents after the murders.

Finally - Jake said his mother Angela Wagner started the page asking for donations for his legal expenses to keep Sophia. Says he got $1,000 out of it.

Second morning thread from a very eventful day at the George Wagner IV murder trial in Pike Co. Jake Wagner was supposed to resume testifying but...
Click to expand...

This question came in at end of Tweet & James answers:


@JowiiBee
33m
Replying to
@jamespilcher
and
@Local12
This is good news for journalists and followers of this trial, correct?
James Pilcher
@jamespilcher
·
28m
Replying to
@JowiiBee
and
@Local12
Yes on the surface. But we're waiting to see if there will be a hearing on the media rules, or if the judge just throws them out - which could bring a motion for mistrial from the defense. This is not a slam dunk win yet.
 
So they'll have to end court for the day, send the jurors home. Then schedule another hearing (this case has streteched over nearly 4 years of pre-trial hearings). Then maybe sometime next month, the trial will begin again?

Not nice to do this to the families - make them sit twice through Jake's gut-wrenching account of how he murdered their loved ones.
 
Betty P said:
So they'll have to end court for the day, send the jurors home. Then schedule another hearing (this case has streteched over nearly 4 years of pre-trial hearings). Then maybe sometime next month, the trial will begin again?

Not nice to do this to the families - make them sit twice through Jake's gut-wrenching account of how he murdered their loved ones.
Click to expand...

Maybe not. The judgement came in mid testimony, he may only need to continue.

Or...

-Jake could decide not pursuit it (or his attorney could advise him to move forward testifying on camera)
- or Jake could demand a hearing
- or Judge Deering could ignore the order (& potentially cause a mistrial).

It's 7 minutes till 1pm return time, hopefully we'll know in a few.
 
Betty P said:
So they'll have to end court for the day, send the jurors home. Then schedule another hearing (this case has streteched over nearly 4 years of pre-trial hearings). Then maybe sometime next month, the trial will begin again?

Not nice to do this to the families - make them sit twice through Jake's gut-wrenching account of how he murdered their loved ones.
Click to expand...
And who attends this hearing … is there another judge ?
Maybe a websleuth member that is attorney might be able explain .
 

Patricia Gallagher Newberry

@pattinewberry

As Jake Wagner continues his testimony in the #PikeCountyMassacre of his brother, #GeorgeWagnerIV today, he's offering facts in opposition to what Wagner IV's lawyers put in front of the jury in their opening statement in the trial. 1/7

Jake Wagner testified that Wagner IV joined him & their dad, George "Billy" Wagner III, on the night of the murders. In his opening for the defense, attorney Richard M. Nash Jr. said Wagner IV was at home that night and learned the Rhoden family had been killed the next day. 2/7

Jake Wagner testified that he spoke w/a friend about the killings the next day while alone in the family's yard. In his opening, Nash said Jake took that call while in the car with Wagner IV and "put on an act worthy of an Academy Award" pretending he'd just learned the news. 3/7

That phone call, Nash told jurors, was "the first time George learned about the murders." 4/7

Jake Wagner testified that his brother helped dig a hole in a family barn where they buried guns used to kill the Rhodens. Nash told jurors "Jake and Jake alone dug a hole and buried that in that barn. George had nothing to do with that." 5/7

Nash also told jurors that Jake Wagner told the lead agent in the case, Ryan Scheiderer, that "George had nothing to do with this plan. This was a plan between me and my dad."6/7

Testimony continues this afternoon. Check back here and/or
@Enquirer
for updates. 7/7
 
https://twitter.com/Angenette5


Another thing: Jake was asked whether he and his family talked about this after the murders. He said no. Jake said his parents told him if he needed to talk about anything he could and Jake said he said

"nope... and I bottled it up. I'll take care of it." <-- It was hard to hear. Jake said "I could not bare to think about what I had done without feeling immense guilt. I tried to erase it from my memory.”

Jake said after his first interview with BCI, he became fearful that the cops might be listening. He said that was August or September. He said Billy suggested it. (Jake's first interview was in May. Billy's in September).

When Jake Wagner walks through the hallway, we can hear his chains kind of "clanking or clacking" on the floor. Trying to figure out the right word for it. He is wearing blue crocs, from what I have been told.

Going back up to the courtroom. Will let you know what happens. Still no cell phones or laptops allowed. OH v. #GeorgeWagnerIV
 
https://twitter.com/DerekMyers
Moments ago, the media won a restraining order (for lack of better words) achieving two things:

1. Jake Wagner’s testimony must cease until the court holds a hearing as to why his testimony may be shielded from the public.

2. The media and public are now free to come and go from the court room, as opposed to being locked in/out during proceedings.

Media lawyer
@jackcgreiner
has joined the case and has requested a hearing be held to determine if the testimony of Jake Wagner can be filmed in the trial of #GeorgeWagnerIV

It is unclear if Judge Deering will obey the higher court’s ruling, and if so, when such a hearing would be held.
@jackcgreiner
, on behalf of the media pool has asked for advance notice of hearing so his firm may attend. The court is on an “extended lunch break” as of now.


Besides Mr. Myers' twitter page, a copy of the Order is posted on page 1 of this thread.
 
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