OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #88

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  • #241
Nash, could be working on his own movie/book deal. After all these attorney and the criminal they set with. These are the people who feed this criminal full of crap. Rubbing their backs during the trial, whispering to them to look and act a certain way. Many times it hard to tell the difference between the two with out a program.
 
  • #242
Nash, could be working on his own movie/book deal. After all these attorney and the criminal they set with. These are the people who feed this criminal full of crap. Rubbing their backs during the trial, whispering to them to look and act a certain way. Many times it hard to tell the difference between the two with out a program.

From his 1-18-23 hearing Billy's attorneys still had to motion - direct him - to stand up in court. And they used to whisper to him to say " your honor" but it looked like they gave up on that, at this hearing anyway.

His attorney said they gave him his options and he chose trial.

Options? You don't give your client options other than trial if you think they are innocent. Obviously "options" means to choose to plead guilty and avoid trial.

The attorney did not say they believe Billy is innocent and are looking forward to their day in court, they simply gave him his options which means they don't care if he picks the option to plead guilty.

Here Billy, pick what you want, have it your way. To me it seems like they are tired of him.

Good photo of Billy leaving a LE van

2 Cents
 
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  • #243
  • #244
Rhoden civil case

Docket updates:

08/03/2023 PRETRIAL STATEMENT OF DEFENDANT FREDERICKA WAGNER FILED
Attorney: OWEN, JAMES D
Image

08/03/2023 NOTICE OF SERVICE OF DEFENDANT FREDERICKA WAGNER'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS UPON PLAINTIFFS FILED
Attorney: OWEN, JAMES D
Image

08/03/2023 MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT OF DEFENDANT FREDERICKA WAGNER FILED
Attorney: OWEN, JAMES D
Image

08/08/2023 INITIAL DISCLOSURES OF DEFENDANT FREDERICKA WAGNER FILED
Attorney: OWEN, JAMES D
Image

08/17/2023 DEFENDANT GEORGE W. WAGNER IV PRE-TRIAL STATEMENT FILED
Attorney: NASH, JR, RICHARD M
Image

08/21/2023 ENTRY -- This matter came before the Court on the 10th day of August, 2023 for a Pre-Trial / Status Conference upon a Complaint filed by Plaintiff November 10, 2020. Present in Court were Brian K. Duncan, counsel for Plaintiffs; James D. Owen, counsel for Defendant, Fredericka Wagner; and Rick Nash, counsel for Defendant, George W Wagner, IV.

The Judge addressed the media that were present in the Courtroom, advising them that Rule 12 of the Rules of Superintendence for the Courts of Ohio would be followed during this proceeding.

The Court finds that a Pre-Trial Statement was filed by Attorney Duncan for Plaintiffs; Attorney Owen for Defendant, Fredericka Wagner; and Attorney Nash advised the Court that he will be filing a Statement for his client, George W. Wagner IV.

On August 3, 2023, Attorney Owen filed a Motion for Summary Judgment on behalf of his client, Fredericka Wagner. At the time of the filing, Attorney Owen failed to request from the Court leave to file, and in open Court made a Motion for Leave to file Summary Judgment, which the Judge granted from the bench. Parties will be given until Thursday, September 7, 2023, being twenty-eight (28) days from the date of this hearing to respond to Defendant, Fredericka Wagner's Motion for Summary Judgment.

The Court addressed Attorney Duncan's reference regarding the possibility of filing a Civil Rule 56 Motion, which would stay Summary Judgment until discovery is complete. The Judge advised Attorney Duncan that any Rule 56 Motion would need to be filed with the Court and shall cite arguments that support said Motion. If filed, Attorneys for Defendants will have fourteen (14) days to reply to Plaintiffs Rule 56 Motion, and then Attorney for Plaintiff will be given seven (7) days to respond to Defendants reply.

Discovery was discussed in depth with all parties. Judge informed all parties that the discovery process needs to begin now, due to the age of this case.

Attorney Duncan advised the Court that he would be filing any necessary pleadings to clean up the docket in this case.

It is, therefore, the ORDER of the Court that all Discovery shall be completed on or before Monday, February 12, 2024.
Once Discovery has been completed Attorney Owen is granted leave until Tuesday, March 12, 2024, if needed, to supplement his previously filed Motion for Summary Judgment.
Attorney Nash will also be given until Tuesday, March 12, 2024, to file any Motion for Summary Judgment on behalf of his client.
After any supplements to, or new Motions for Summary Judgment have been filed, Attorney Duncan will have until Friday, April 12, 2024, to file a response to any supplemented or new Motions for Summary Judgment.
Attorney Owen and Nash will then be given until Tuesday, April 30, 2024, to file any replies to Attorney Duncan's response.

The Clerk is hereby directed to serve a copy of this Entry to all counsel of record in this action, and to any unrepresented parties herein by ordinary U. S. mail.

There being no further matters before the Court, said Court was adjourned.
COPIES FILED MAILED TO COUNSEL AND UNREPRESENTED PARTIES
Image

08/21/2023 COPIES MADE

link: https://cpcourt.pikecounty.oh.gov/e...8F77gN5Yek7qw02WgLU5ka51D6V*U4Ewjt7CKpoXL10RQ
 
  • #245
  • #246
It is, therefore, the ORDER of the Court that all Discovery shall be completed on or before Monday, February 12, 2024.
Once Discovery has been completed Attorney Owen is granted leave until Tuesday, March 12, 2024, if needed, to supplement his previously filed Motion for Summary Judgment.
Attorney Nash will also be given until Tuesday, March 12, 2024, to file any Motion for Summary Judgment on behalf of his client.
After any supplements to, or new Motions for Summary Judgment have been filed, Attorney Duncan will have until Friday, April 12, 2024, to file a response to any supplemented or new Motions for Summary Judgment.
Attorney Owen and Nash will then be given until Tuesday, April 30, 2024, to file any replies to Attorney Duncan's response.

So, it looks like they will be ready for trial sometime late Spring 2024.
 
  • #247
Rhoden civil case

Docket updates:

08/03/2023 PRETRIAL STATEMENT OF DEFENDANT FREDERICKA WAGNER FILED
Attorney: OWEN, JAMES D
Image

08/03/2023 NOTICE OF SERVICE OF DEFENDANT FREDERICKA WAGNER'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS UPON PLAINTIFFS FILED
Attorney: OWEN, JAMES D
Image

08/03/2023 MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT OF DEFENDANT FREDERICKA WAGNER FILED
Attorney: OWEN, JAMES D
Image

08/08/2023 INITIAL DISCLOSURES OF DEFENDANT FREDERICKA WAGNER FILED
Attorney: OWEN, JAMES D
Image

08/17/2023 DEFENDANT GEORGE W. WAGNER IV PRE-TRIAL STATEMENT FILED
Attorney: NASH, JR, RICHARD M
Image

08/21/2023 ENTRY -- This matter came before the Court on the 10th day of August, 2023 for a Pre-Trial / Status Conference upon a Complaint filed by Plaintiff November 10, 2020. Present in Court were Brian K. Duncan, counsel for Plaintiffs; James D. Owen, counsel for Defendant, Fredericka Wagner; and Rick Nash, counsel for Defendant, George W Wagner, IV.

The Judge addressed the media that were present in the Courtroom, advising them that Rule 12 of the Rules of Superintendence for the Courts of Ohio would be followed during this proceeding.

The Court finds that a Pre-Trial Statement was filed by Attorney Duncan for Plaintiffs; Attorney Owen for Defendant, Fredericka Wagner; and Attorney Nash advised the Court that he will be filing a Statement for his client, George W. Wagner IV.

On August 3, 2023, Attorney Owen filed a Motion for Summary Judgment on behalf of his client, Fredericka Wagner. At the time of the filing, Attorney Owen failed to request from the Court leave to file, and in open Court made a Motion for Leave to file Summary Judgment, which the Judge granted from the bench. Parties will be given until Thursday, September 7, 2023, being twenty-eight (28) days from the date of this hearing to respond to Defendant, Fredericka Wagner's Motion for Summary Judgment.

The Court addressed Attorney Duncan's reference regarding the possibility of filing a Civil Rule 56 Motion, which would stay Summary Judgment until discovery is complete. The Judge advised Attorney Duncan that any Rule 56 Motion would need to be filed with the Court and shall cite arguments that support said Motion. If filed, Attorneys for Defendants will have fourteen (14) days to reply to Plaintiffs Rule 56 Motion, and then Attorney for Plaintiff will be given seven (7) days to respond to Defendants reply.

Discovery was discussed in depth with all parties. Judge informed all parties that the discovery process needs to begin now, due to the age of this case.

Attorney Duncan advised the Court that he would be filing any necessary pleadings to clean up the docket in this case.

It is, therefore, the ORDER of the Court that all Discovery shall be completed on or before Monday, February 12, 2024.
Once Discovery has been completed Attorney Owen is granted leave until Tuesday, March 12, 2024, if needed, to supplement his previously filed Motion for Summary Judgment.
Attorney Nash will also be given until Tuesday, March 12, 2024, to file any Motion for Summary Judgment on behalf of his client.
After any supplements to, or new Motions for Summary Judgment have been filed, Attorney Duncan will have until Friday, April 12, 2024, to file a response to any supplemented or new Motions for Summary Judgment.
Attorney Owen and Nash will then be given until Tuesday, April 30, 2024, to file any replies to Attorney Duncan's response.

The Clerk is hereby directed to serve a copy of this Entry to all counsel of record in this action, and to any unrepresented parties herein by ordinary U. S. mail.

There being no further matters before the Court, said Court was adjourned.
COPIES FILED MAILED TO COUNSEL AND UNREPRESENTED PARTIES
Image

08/21/2023 COPIES MADE

link: https://cpcourt.pikecounty.oh.gov/e...8F77gN5Yek7qw02WgLU5ka51D6V*U4Ewjt7CKpoXL10RQ
Duncan has to file a response to FW motion for summary judgment by Sept 7. I would think he would have to cite any evidence or some kind of information as to why the judge should not grant summary judgement, or at least I am hoping so. May give some insight to things we do not know.

We know of what AW said and what Beth said and what was said at FW arraingment. That may be enough to hold off a ruling in FW favor on the Summary Judgment until he can do depositions. I would like to know the context surrounding the things we do know, but they at least do not sound good on the surface. Sometimes the way something sounds is not the whole story and sometimes it is.
 
  • #248
  • #249
  • #250
Looking forward to watching this.

Me too, I will need a heads up with title to set DVR. Don't have Peacock but can get Oxygen. They did a great job on the doc in 2019. JMO
 
  • #251
FYI
You can now get images of documents for civil cases online through the Pike County Common Pleas court site. I do not believe they are implementing that for Criminal cases.
There is an image icon to the right of the line item that you can click on to view. I am not sure if every line item for every case is populated in the system as of yet.
Example in screen shot.
1693358844140.png
 
  • #252
  • #253
Wednesday, August 30th:
*Motions Hearing (@ 1:30pm ET) - OH - Pike County 8 people dead: Christopher Rhoden, Sr. (40), his ex-wife, Dana Manley Rhoden (37), their three children, Clarence "Frankie" Rhoden (20), Christopher Jr. (16), Hanna Mae (19); Frankie's fiancée, Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother, Kenneth Rhoden (44), & a cousin, Gary Rhoden (37). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) - *George Washington "Billy" Wagner III (47/now 52) (name changed (11/5/86) from William Emmanuel) (Jake’s father) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (12/4/18) with 8 counts of aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 4th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity. Plead not guilty. Held without bond. DA will seek the DP.
Trial was tentatively scheduled on 10/3/22 has been continued, no further dates available yet, but authorities believe it will not start until 2024. Presiding Judge R. Alan Corbin.
Case & court information from 12/4/18 thru 2/28/23 reference post #925 here:
https://www.websleuths.com/forums/t...ner-family-members-arrested-87.648136/page-47

3/1/23: Amended warrant for removal from Butler Co. Jail on 3/15/23. Next status conference hearing on 3/15/23.
3/15/23 Update: Judge R. Alan Corbin points out Billy still faces death penalty - that's only off the table if & when Jake Wagner testifies against his father. Corbin: "death is different" & would take much longer if death specs will remain. Going to schedule hearings on three main motions - change of venue, "other acts" (criminal actions by Billy not associated with trial; they were allowed in George's) & whether Billy's interview at border can be played. Talking about after September for the final two motions. He's going to tackle defense request to change venue first but not set date yet. Says it's going to take time to prepare - actual trial not until early 2024. On Wednesday, he learned he'll stay put into next year, with his trial now predicted for January or February of 2024. Transcripts defense requires won't be available until September of this year. Need 2 weeks for motions hearing. One of the most urgent motions facing Corbin is a request by Billy's defense attorneys for a change of venue for the trial. Corbin acknowledged Wednesday that a date for that hearing would need to be set as soon as they could, though no official date was agreed on in the court room. Another motion up for consideration is tied to certain audio files made of Billy during the course of the investigation; several wiretapped conversations made of the family were played during George's trial, including a lengthy interview Billy gave law enforcement in a vehicle in a parking lot after the homicides.
4/25/23: Motion, entry & certification for appointed counsel filed by Courtview Justice Solutions, Inc. 6/15/23: Defendant's motion for change of venue filed by attorneys Marc C. Collins & Thomas F. Hayes. Suggests moving the trial to the Columbus metropolitan area, where there are many more citizens eligible to call for jury duty. Oral hearing requested. Should the Court deny a change of venue, this motion should be ruled without prejudice.
6/21/23 Update: Lawyers need transcripts from the fall 2022 trial of Wagner III's son, George Wagner IV, to proceed. Those documents – which Judge Corbin said would run between 12,000 & 15,000 pages – will not be ready until September. Attorneys will then need time to review the transcripts to determine witness lists & other particulars. "We don't have a choice" on the timing, Mark C. Collins, one of Wagner III's two attorneys, said after Wednesday's brief hearing in the Pike County Common Pleas Court. Motion hearing on 8/30/23 @ 1:30pm. 6/21/23 Update: Defendant's Amended Motion for Change of Venue filed. 6/22/23 - Defendant's Amended Motion for Change of Venue. See post 138 & 129 pg 7.
8/23/23: Warrant for removal of defendant from Butler Co. Jail on 8/30/23 @ 1:30pm for motion hearing.
*George Washington Wagner IV (27/now 31) – Guilty of all charges on 11/30/22 & sentenced on 12/19/22 to 8 Life sentences without the possibility of parole to run consecutively for the murders plus 121 years on other charges. Appeal filed 1/26/23.
*Angela Jo Wagner (48/now 52) – 9/10/21: Plead guilty to a plea deal to Counts 9 thru 22; Counts 1-8 were dismissed. Will be sentenced to 30 years in prison with no early release & has to testify against others at trial.
*Edward Jacob “Jake” Wagner (26/now 30) – Plead guilty (4/22/21) to all charges & will testify at the trials & will be sentenced after GW3 trial.
*Rita Jo Newcomb (65/now 70) – Motion hearing on 12/2/19 entered a plea of guilty to all charges. Will testify at the trials.
*Fredericka Carol Wagner (76/now 81) – 6/26/19: Charges were dismissed without prejudice.
 
  • #254
  • #255
State's response to Change of Venue Motion by Defense:

 
  • #256
bbm

Arguments to move Billy Wagner trial out of Pike County delayed



Wed, August 30th 2023, 1:42 PM EDT

But the prosecution didn't file a written response to that until right before Wednesday's hearing. So, the judge postponed oral arguments until October 4, to give the defense a chance to response.
 
  • #257
George “Billy” Wagner, facing 22 counts in the 2016 killings of Pike County's Rhoden family, did not get his day in court today. Judge R. Alan Corbin rescheduled a hearing on Wagner's motion to change the location of his trial after prosecutors filed last-minute objections. 1/11

“I apologize we’re not going to go forward with what was scheduled,” Corbin said, with six members of the Rhoden family in the courtroom. Among them was family matriarch Geneva Rhoden, mother of victims Chris and Kenneth Rhoden, and two of their brothers, Tony and Brady. 2/11

Corbin rescheduled the hearing on the change of venue motion for Oct. 4 at 1:30 p.m. He told attorneys he wants all motions in the case by the end of the year and expects a trial of “several weeks” in “mid- to late spring 2024.” Lawyers had expected a February trial date. 3/11

Wagner’s attorneys maintain he cannot get a fair trial in Pike County because of extensive media coverage of the crimes, the fall 2022 trial of George Wagner IV (Billy Wagner's son) and other court activity. 4/11

After the hearing, Wagner attorney Mark Collins said Wagner was frustrated by the day’s events, having recently met with his lawyers to prepare. "He was ready for today. He was disappointed.” 5/11

At the end of the brief hearing, Wagner shook his head and rolled his eyes, but shook his Collins’ hand and said “I appreciate it.” Eleven armed officers then escorted him out, with some returning him to Butler County Jail where he's been held since 2018. 6/11

Collins also hinted at a possible strategy for his defense of Wagner, noting that Wagner was living apart from his wife and sons at the time of the Rhoden killings. “Our client was not in the residence. Our client did not live in the household.” 7/11

Special Prosecutor Angela Canepa’s Wednesday objections to a change of venue -- which defense attorneys did not receive until they were enroute from Columbus to Waverly -- called the request "premature.” 8/11

The fact that potential jurors have been exposed to information about the case “does not, in and of itself, demonstrate prejudice,” her response reads. Jurors’ ability to judge Wagner fairly can be determined before they are seated, the filing says. 9/11

The Rhoden family could also be harmed if Wagner’s trial is moved out of Pike County, the filing continues: “Hardship to the victims’ families should be considered." 10/11

A separate Wednesday filing in the case reports that the prosecution has turned over a transcript of Wagner IV 's trial to Judge Corbin and Billy Wagner’s attorneys. It runs 12,335 pages. 11/11

 
  • #258
Now for James' perspective


Back in Pike Co. Court for change of venue motion arguments for Billy Wagner, last of his family to face justice in Pike Massacre. Starts at 1:30 and streaming live on @Local12

Lots of Rhoden/Gilley family members here today along with victims' advocate. Lawyers in chambers for discussions before hearing gets started

Billy and lawyers now in court - and visiting judge R. Alan Corbin has us underway

Corbin is overseeing it as current judge is Rob Junk, the former prosecutor who helped convict George Wagner - he recused himself due to conflict of interest.

Prosecutors just filed its opposition in writing this afternoon. It's lengthy and defense doesn't had chance to review it. Defense asking to study and then prepare written argument. So this hearing will be continued again.

Hearing has been rescheduled for Wed. Oct. 4 at 1:30 p.m. This is on change venue motions and discuss other stuff jury selection. All new motions filed by Dec. 31 2023.

Corbin says this trial won't go forward until mid-late spring 2024 given all the delays. It will take several weeks.

He's hoping to announce trial date at Oct. 4 hearing.

Judget apologizes for delay - says we just cannot go forward.

 
  • #259
Docket update:

Date: Docket Test:
08/30/2023 STATE'S MEMORANDUM CONTRA DEFENDANT'S MOTION FOR CHANGE OF VENUE FILED
Attorney: CANEPA, ANGELA R

08/30/2023 STATE'S SUPPLEMENTAL DISCOVERY FILED
Attorney: CANEPA, ANGELA R

08/30/2023 """""""""""""""""""""""""""""""""""""""""""
Judge: JUNK, ROBERT
Event: HEARING ON MOTION
Date: 10/04/2023 Time: 01:30 PM


Events:
Date Type Event Judge
08/30/2023 01:30 PM MOTION HEARING JUNK, ROBERT

10/04/2023 01:30 PM HEARING ON MOTION JUNK, ROBERT

link: https://cpcourt.pikecounty.oh.gov/e...qG5Rs3MIInu2cUQ1qDLT-NvItAf*gTpurv2w94QUSn9jQ
 
  • #260
Billy's docket update:

Docket Information
Date Docket Text
06/22/2023 COSTS FOR NOTICES MAILED

06/22/2023 DEFENDANT'S AMENDED MOTION FOR CHANGE OF VENUE FILED
Attorney: COLLINS, MARK C

08/23/2023 WARRANT FOR REMOVAL OF DEFENDANT FROM BUTLER CO JAIL ON AUGUST 30, 2023 AT 1:30PM FOR MOTION HEARING

08/30/2023 STATE'S MEMORANDUM CONTRA DEFENDANT'S MOTION FOR CHANGE OF VENUE FILED
Attorney: CANEPA, ANGELA R

08/30/2023 STATE'S SUPPLEMENTAL DISCOVERY FILED
Attorney: CANEPA, ANGELA R

08/30/2023 """""""""""""""""""""""""""""""""""""""""""
Judge: JUNK, ROBERT [NOT actual Judge]
Event: HEARING ON MOTION
Date: 10/04/2023 Time: 01:30 PM

09/01/2023 COSTS FOR NOTICES MAILED

link: https://cpcourt.pikecounty.oh.gov/e...Edw40C8OTLlPvmES-bNnvJ-gyEZ9ZGlo9criAeuP-Z*3g




GW3 on Appeal docket:

Docket Information
Date Docket Text
08/31/2023 ENTRY OF APPOINTMENT OF SPECIAL PROSECUTORS

link: https://cpcourt.pikecounty.oh.gov/e...Edw40C8OTLlPgv-JByY*0I1aOfdLsaFATRWjd4f-1ziJg
 
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