Back in Pike County for preliminary hearing for civil wrongful death case brought by Rhoden family against Wagner family over 2016 massacre
Getting underway. Retired Ross Co judge Scott Nusbaum presiding as current Pike Co. Judge Rob Junk recused himself as he's former prosecutor who tried the Wagner case.
Original complaint filed in 2020 - this is the first hearing in more than 2 years ... especially given the length of the criminal trial of George Wagner IV
Plaintiffs include at least two Jane/John Doe minors ... presumably the two kids at the heart of the dispute between the Rhodens and Wagners - including daughter of Jake Wagner and victim Hanna Rhoden.
Plaintiff lawyer Brian Duncan says discovery all but impossible given how locked up the criminal prosecution and documentation is right now.
Judge points out civil cases should be underway within two years with at least deposition, but we're 3.5 years into it without anything. Fredericka Wagner's lawyer also expected to argue she be dropped as no criminal charges against her.
Judge asks how long until discovery can be completed? Plaintiff lawyer Duncan says 6 months after end of last trial (Billy's) not expected to start until early next year.
Defense lawyer James Owen says go ahead and depose Angela and Jake Wagner to determine whether Fredericka had anything to do with it. "She's in her 80s and we want to bring closure to this." Wagner is Billy Wagner's mother, and grandmother to Jake and George IV.
Owen argues prosecutors dropped charges against Fredericka over buying bulletproof vests and never implicated her directly in massacre.
"hard to defend a case when you don't know what evidence the plaintiffs might have" - defense argues needs more time to get the records from BCI ... lower standards in civil case than criminal court.
Defense waited to depose Fredericka and Rita Newcomb until they had all information so know what questions to ask.
George IV's lawyer Richard Nash points out it's hard to say when end of last trial is - given appeals are underway and will continue.
Nash also raises issues about security in courtroom given the large number of defendants.
Judge says he's retired visiting judge - and calling it quits completely at end of 2024. Wants to know difference between making discovery impossible and "darn hard" for plaintiffs.
Judge asks for motion from plaintiffs in 30 days to ask to stay summary judgement motion already filed by defense. Not saying he would grant it. Says he believes discovery process "needs to begin and it needs to begin now.”
Plaintiffs asking for 9-12 months for discovery - would allow trial to begin by end of 2024.
Judge says that's unreasonable. Says all discovery completed by 6 months (that's before Billy will go on trial in criminal).
Judge says case began nearly 3 years ago - gives defense another month after that to supplement their motions for summary judgement.
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