OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue 4 Members Wagner Family Arrested#48

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Yes. I really like this judge. I like the way he states at the beginning exactly what the court day is about and why everyone is there.

He is making it as fair as possible to both the defendant and the prosecution team.

I wish more judges would explain things so well like he is doing so far.



If AC does not comply with Attorney Owens' Motion, the State of Ohio may be
limited in entering the evidence against FW into the court records.

Criminal Rule 16 and revised in 2010 and must be taken seriously... JMO
 
Does Jake still have a court date today?

No...
I wonder what is going on, or am I reading too much into it?

His Status Hearing was cancelled and wasn't rescheduled, then his May 14 Pretrial and Motion Hearing were cancelled and rescheduled for today --- if you are correct.

Now those were cancelled again and there is no other Court Dates for him listed, o_O......

Counsel for the Defendant further indicated to the Court that it was the request of defense counsel, pursuant to Crim. R. 42(E)(2), that a demand for the appointment of experts on behalf of the Defendant be made in camera and ex parte. Thereupon, a status conference was scheduled for April 16, 2019, at 9:30 o'clock A.M. for defense counsel to approach the court in camera and ex parte, pursuant to Crim.R. 42(E)(2), concerning a demand for the appointment of experts for the Defendant.

The Defendant was informed on the record of his right to be present at such status conference concerning the appointment of experts, however, defense counsel indicated to the court that the Defendant's presence at such status conference is not needed. After conferring with his attorneys, the Defendant, on the record in open court, waived his right to be present at the status conference at which defense counsel intends to approach the court pursuant to Crim. R. 42(E)(2), in camera and ex parte, concerning the appointment of experts for the defendant.

It is further ORDERED that all pending motions in this action are hereby scheduled for oral hearing upon the merits on Tuesday, May 14, 2019, at 2:00 o'clock p.m. It is further ORDERED that a pre-trial hearing is hereby scheduled in this action for Tuesday, May 14, 2019, at 2:00 o'clock p.m. The Clerk of Courts is instructed to send a copy of this Journal Entry to the Defendant, to counsel for the Defendant, to the Prosecuting Attorney, and to the Special Prosecuting Attorney, all by ordinary U.S. Mail.
05/03/2019 COSTS FOR NOTICES MAILED
 
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No...
I wonder what is going on, is something "fishy" or am I reading too much into it?

His Status Hearing was cancelled and wasn't rescheduled, then his May 14 Pretrial and Motion Hearing were cancelled and rescheduled for today --- if you are correct.

Now those were cancelled again and there is no other Court Dates for him listed..o_O

Counsel for the Defendant further indicated to the Court that it was the request of defense counsel, pursuant to Crim. R. 42(E)(2), that a demand for the appointment of experts on behalf of the Defendant be made in camera and ex parte. Thereupon, a status conference was scheduled for April 16, 2019, at 9:30 o'clock A.M. for defense counsel to approach the court in camera and ex parte, pursuant to Crim.R. 42(E)(2), concerning a demand for the appointment of experts for the Defendant. The Defendant was informed on the record of his right to be present at such status conference concerning the appointment of experts, however, defense counsel indicated to the court that the Defendant's presence at such status conference is not needed. After conferring with his attorneys, the Defendant, on the record in open court, waived his right to be present at the status conference at which defense counsel intends to approach the court pursuant to Crim. R. 42(E)(2), in camera and ex parte, concerning the appointment of experts for the defendant.

It is further ORDERED that all pending motions in this action are hereby scheduled for oral hearing upon the merits on Tuesday, May 14, 2019, at 2:00 o'clock p.m. It is further ORDERED that a pre-trial hearing is hereby scheduled in this action for Tuesday, May 14, 2019, at 2:00 o'clock p.m. The Clerk of Courts is instructed to send a copy of this Journal Entry to the Defendant, to counsel for the Defendant, to the Prosecuting Attorney, and to the Special Prosecuting Attorney, all by ordinary U.S. Mail.
05/03/2019 COSTS FOR NOTICES MAILED


JMO... The only discovery that we known of, and allowed to be withheld, involves the
threats of retaliation against LE. Maybe AC has enough evidence to convict... Again, JMO.
 
JMO... The only discovery that we known of, and allowed to be withheld, involves the
threats of retaliation against LE. Maybe AC has enough evidence to convict... Again, JMO.

We have seen Jake's discovery evidence list from December, but nothing since. Your right, the threats made are evidence, if the prosecution plans to use the threats in court.

If the "confidential reliable source" is on a wiretap then the prosecution would have to turn over the tapes as evidence.
If the "confidential reliable source" is a witness, then the prosecution can turn over the witness's statement as evidence.

We have only seen the first batch of evidence, there could be supplemental discovery evidence that we haven't seen. We saw Angela's supplemental discovery evidence from March but not her first batch of evidence.

"....Supplemental discovery is when there is additional evidence that has been provided to the other side, after the initial discovery. Sometimes supplemental discovery is another witness statement, an additional report, photos, recordings, and such...."

Also, the prosecution asked to see discovery evidence from Fred's attorney.

What does supplemental discovery mean? - Q&A - Avvo
 
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We have seen the evidence list from December, but nothing since. Your right, the threats made are evidence, if the prosecution plans to use the threats in court.

Even if the prosecution does plan to use the threats in court they might not have the type of direct evidence that can be turned over. If the source is on a wiretap then the prosecution would have to turn over the tapes.

.....BUT.....
if the source is a witness there won't be anything to turn over, except for the name of the witness they are using, but still, the defense won't know how the witness will be used.

Also, supplemental evidence might have been turned over but we haven't seen the list. With Angela we saw her supplemental evidence list from March but not her first batch of evidence.



The State of Ohio will definitely use the retaliation threats as evidence. The four Wagners are facing the death
penalty. FW will use any method necessary to counteract anything the State of Ohio has or might have against
her. JMO, but have faith in AC and her team...
 
CC, I haven't seen the Discovery documents for RN. I was talking about the article posted on the previous page 34 here. Dudley posted it from Channel 12.
You said you haven't seen the Discovery Documents for RN but I don't know if that includes this one.......
just in case you haven't seen this one here's the link....

Newcomb Discovery
 
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No...
I wonder what is going on, or am I reading too much into it?

His Status Hearing was cancelled and wasn't rescheduled, then his May 14 Pretrial and Motion Hearing were cancelled and rescheduled for today --- if you are correct.

Now those were cancelled again and there is no other Court Dates for him listed, o_O......

Counsel for the Defendant further indicated to the Court that it was the request of defense counsel, pursuant to Crim. R. 42(E)(2), that a demand for the appointment of experts on behalf of the Defendant be made in camera and ex parte. Thereupon, a status conference was scheduled for April 16, 2019, at 9:30 o'clock A.M. for defense counsel to approach the court in camera and ex parte, pursuant to Crim.R. 42(E)(2), concerning a demand for the appointment of experts for the Defendant.

The Defendant was informed on the record of his right to be present at such status conference concerning the appointment of experts, however, defense counsel indicated to the court that the Defendant's presence at such status conference is not needed. After conferring with his attorneys, the Defendant, on the record in open court, waived his right to be present at the status conference at which defense counsel intends to approach the court pursuant to Crim. R. 42(E)(2), in camera and ex parte, concerning the appointment of experts for the defendant.

It is further ORDERED that all pending motions in this action are hereby scheduled for oral hearing upon the merits on Tuesday, May 14, 2019, at 2:00 o'clock p.m. It is further ORDERED that a pre-trial hearing is hereby scheduled in this action for Tuesday, May 14, 2019, at 2:00 o'clock p.m. The Clerk of Courts is instructed to send a copy of this Journal Entry to the Defendant, to counsel for the Defendant, to the Prosecuting Attorney, and to the Special Prosecuting Attorney, all by ordinary U.S. Mail.
05/03/2019 COSTS FOR NOTICES MAILED
Sounds like they’re going to let him out and dismiss everything?
 
Sounds like they’re going to let him out and dismiss everything?
That never crossed my mind, I felt shocked thinking that! Could you imagine? I am suspicious. Cooperating comes to mind. The only way I see him cooperating would be that he sees--and his attorney's see-- overwhelming evidence against him. And that his attorney's think he will get the death penalty.
 
Do you have a link? I have never heard that before.

If her family/friends can't bring her street clothes then her attorney should provide her clothes. jmo

RW was the one who wrote messages on her pants at one of BW’s earlier pretrial hearings (back in either Jan/Feb) iirc. I believe it’s the Pitiful Pearl look.
 
No...
I wonder what is going on, or am I reading too much into it?

His Status Hearing was cancelled and wasn't rescheduled, then his May 14 Pretrial and Motion Hearing were cancelled and rescheduled for today --- if you are correct.

Now those were cancelled again and there is no other Court Dates for him listed, o_O......

Counsel for the Defendant further indicated to the Court that it was the request of defense counsel, pursuant to Crim. R. 42(E)(2), that a demand for the appointment of experts on behalf of the Defendant be made in camera and ex parte. Thereupon, a status conference was scheduled for April 16, 2019, at 9:30 o'clock A.M. for defense counsel to approach the court in camera and ex parte, pursuant to Crim.R. 42(E)(2), concerning a demand for the appointment of experts for the Defendant.

The Defendant was informed on the record of his right to be present at such status conference concerning the appointment of experts, however, defense counsel indicated to the court that the Defendant's presence at such status conference is not needed. After conferring with his attorneys, the Defendant, on the record in open court, waived his right to be present at the status conference at which defense counsel intends to approach the court pursuant to Crim. R. 42(E)(2), in camera and ex parte, concerning the appointment of experts for the defendant.

It is further ORDERED that all pending motions in this action are hereby scheduled for oral hearing upon the merits on Tuesday, May 14, 2019, at 2:00 o'clock p.m. It is further ORDERED that a pre-trial hearing is hereby scheduled in this action for Tuesday, May 14, 2019, at 2:00 o'clock p.m. The Clerk of Courts is instructed to send a copy of this Journal Entry to the Defendant, to counsel for the Defendant, to the Prosecuting Attorney, and to the Special Prosecuting Attorney, all by ordinary U.S. Mail.
05/03/2019 COSTS FOR NOTICES MAILED

I don't see anything listed for today?
 
There was an entry on 5/15 for Jake, stenographer fee. Could that be for the May 14 hearing exparte and in camera? IDK
 
IMO, we are going to require legal assistance from someone here if we are expected to proceed with these discussions. Even if it is just someone who can comment, legally. Thanks everyone.
 
I recall seeing a lady being taken from the victims side of the courtroom to perform these duties 4/4/19 at Jake's hearing. Anyone else?
 
O/T

I hope everyone is safe. I pray it didn't hit too close to anyone on here.

Mods I know this is completely off topic but just a few tips to save your life in a tornado from someone who lives in Tornado Alley (Oklahoma).

DO NOT EVER THINK IT WILL NOT HAPPEN TO YOU!!! Tornadoes can occur anywhere and have occurred in every state in the USA.

Pay attention to your Torcon level. A Torcon is the percentage that a tornado will hit within a 50 miles radius of your location. For example a Torcon 5 is a 50 percent chance a tornado will occur within a 50 mile radius of your home.

Keep your eyes to the sky. Often the only warning you may have is seeing a wall cloud coming your way. A wall cloud does not mean a tornado will spawn from it but it is likely it will.

If you are out driving in a car stop the car and GET OUT!!! The WORST place to be in a tornado is in a vehicle. Get in a ditch or low lying area and lie face down covering your head with your arms. DO NOT pull under an overpass thinking you are safe. A tornado creates a wind tunnel under an overpass and intensifies the strength of the tornadoes by as much as 10 percent. It will literally suck you out from under it.

If you are at home get to an interior room away from windows. Ideally an interior closet or bathroom. Pull a heavy blanket or mattress over your head. Most deaths are caused by debris that is flung around during the tornado. PROTECT YOUR HEAD. Buy a bicycle helmet for everyone in your house and USE it. They are inexpensive and can save your life. Have a safe place to go in your mind and conduct drills with family members so they all know where to go and what to do.

If you are in a trailer house GET OUT!!!! There is NO PLACE in a trailer house that is safe during a tornado. Get to a building that is solid. Go to your neighbors house or some other solid structure. Stores with front glass windows are not that safe unless they have a back room or storage area. Convenience stores are not safe.

A lot of tornadoes are rain wrapped and you cannot see them. But you can HEAR them. They have a roaring sound that most people liken to a freight train. Some people also say you can smell them. They have a muddy swampy smell. The sky also has a greenish gray color to it.

Last but not least if there is storms in your area listen to your weather channel or local TV stations. They have radar and can spot the tornado before it ever touches down.

Stay safe everyone.

Mods I realize this is completely off topic and I am sorry.
You should visit the Midwestern Weather thread.
 
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