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

[tlcya]

Not sure why Billy and his defense would come to any agreement knowing that Angela and/or (especially)Jake may not have to testify. Seems the defense has the upper hand in negotiations now.

yeah, I am still trying to understand what drove this decision by the judge and as you say, by telling both sides/counsel that is his plan there is little leverage left to the state with which to negotiate. This is going to create havoc for the prosecution of Billy

 

[arielilane]

@pattinewberry

The judge in #BillyWagner case did NOT rule on the change of venue request. But he made clear he wants to take the death penalty off the table. The prosecution was NOT happy.

https://cincinnati.com/story/news/2024/11/20/what-happened-in-billy-wagners-case-on-wednesday/76449825007/

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[arielilane]

@karinjohnson

Tense moments this afternoon inside a Pike County courtroom for a pretrial hearing of Billy Wagner. The judge says he's taking the death spec off the table. Prosecutor Angie Canepa to judge: Why are you trying to sabotage this case?
@ToddDykesWLWT will have a live report @wlwt


1:59 PM · Nov 20, 2024




@ToddDykesWLWT

Am in Pike Co. (Ohio) right now, covering murder suspect Billy Wagner's latest pre-trial hrg. Pretty stunning development.. Judge indicated he plans to dismiss the possibility of the death penalty even though prosecutors say there's been no agreement among attys to do so. #WLWT


2:22 PM · Nov 20, 2024

 

[arielilane]

“I’m going to proceed to sentencing in advance to trial on the other cases,” Hein told the court. “I’m done waiting.”

Ohio Special Prosecutor Angela Canepa says that she will be objecting to “every single thing” the visiting judge said during the pre-trial hearing.

Pike County Massacre: Death penalty ‘dismissed’ in Billy Wagner trial

His trial is scheduled to begin Jan. 6

www.fox19.com

11/20/2024

 

[Seattle1]

'Why are you trying to sabotage this case?': Judge throws wrench into Wagner trial

The father of the family charged in the murders of eight people in one night in Pike County could find out Wednesday if his trial will be moved.

local12.com

From the 11/20/24 quoted MSM link:

Canepa told the judge he can't dismiss the death penalty without a motion and he has no legal basis to do so.

She asked the judge why he's trying to sabotage the case and accused him of bias.

Judge Hein said the prosecution took too long and the clock ran out. He gave both sides until Monday to work out a deal.

Canepa asked if the judge thought this is funny and reminded him eight people were killed.

Judge Hein says he is going to schedule sentencing of Angela and Jake ahead of Billy's trial.

 

[Betty P]

'Why are you trying to sabotage this case?': Judge throws wrench into Wagner trial

The father of the family charged in the murders of eight people in one night in Pike County could find out Wednesday if his trial will be moved.

local12.com

In a way, this doesn’t surprise me. The unexplained delays in starting Billy’s trial combined with a judge who had a cavalier attitude about this case were unusua, JMO.

I wonder how Gov. DeWine feels about this decision. They’re close to the trial. Are they going to pretend it’s a cost saving measure?

 

[Elley Mae]

Dad accused of helping son carry out ‘Pike County Massacre’ of 8 claims jury pool ‘tainted,’ wants trial moved

William “Billy” Wagner III, 53, is accused of helping carry out the execution-style murders of his son’s ex-girlfriend Hanna Rhoden and her family amid a custody battle for her young daughter.…

nypost.com

 

[Betty P]

IANAL, but I don't see how removing the possibility of DP for Billy Wagner's charges translates into allowing the judge to unilaterally invalidate the plea agreements negotiated with Angie and Jake.

The plea deals are separate legal agreements negotiated by the prosecutor and defense counsel with agreement from the defendants and the victims' surviving family members.

 

[rebelchild]

IANAL, but I don't see how removing the possibility of DP for Billy Wagner's charges translates into allowing the judge to unilaterally invalidate the plea agreements negotiated with Angie and Jake.

The plea deals are separate legal agreements negotiated by the prosecutor and defense counsel with agreement from the defendants and the victims' surviving family members.

The plea deal that was made with Jake was that the DP would be removed from his dad and brother in exchange for his testimony against them. If they remove the DP from Billy's charges before his trial then there is no guarantee that Jake would still testify and the burden of proof is going to be more difficult without that testimony. IMO

 

[Covert Operative]

The plea deal that was made with Jake was that the DP would be removed from his dad and brother in exchange for his testimony against them. If they remove the DP from Billy's charges before his trial then there is no guarantee that Jake would still testify and the burden of proof is going to be more difficult without that testimony. IMO

It seems if they remove Billy's DP, Jake and Angela still would have to testify to keep their own plea deal of 30 years and no DP for Jake, but if the judge sentences Angela and Jake before Billy's trial then there is no reason for them to testify against Billy, they already have their sentence and are in prison. There is no incentive for them to testify at that point that I could think of. The judge needs to find a resolution if he does decide to go through with this that will address both issues.

I can't see why Billy/his lawyers would now have any incentive to make a DP deal with the State after what the judge said he would do if they do not come to an agreement.

Pike County Massacre: Judge wants to dismiss death penalty in Billy Wagner trial

The judge also said he wanted to move forward with sentencing other members of the Wagner family involved in the killings, a move that would no longer obligate them to testify in Billy's trial.

www.whio.com

WCPO reported that if Jake or Billy’s wife, Angela, were sentenced, they would no longer be obligated to testify at Billy’s trial.

 

[arielilane]

Pike County Murder Trial: Judge wants to dismiss death penalty, sentence other Wagners ahead of Billy's trial

Judge Jonathan Hein made an unexpected announcement regarding the death penalty during an otherwise routine hearing ahead of the murder trial of George "Billy" Wagner III in Pike County.

www.wcpo.com

Perhaps I am wrong, but the judge made yesterday's hearing so awkward ... moo

From the article:

Ron O'Brien, former Franklin County Prosecutor, who attended court on the prosecution's side for the first time Wednesday, spoke up as tensions rose.

"I think the court properly can and should set a deadline if the court wants to set a deadline, but I have never seen death penalty specifications dismissed absent the state making the request, or the defense making the request," said O'Brien.

Pike County Murder Trial: Judge wants to dismiss death penalty, sentence other Wagners ahead of Billy's trial

Judge Jonathan Hein made an unexpected announcement regarding the death penalty during an otherwise routine hearing ahead of the murder trial of George "Billy" Wagner III in Pike County.

www.wcpo.com

In the end, Hein relented and agreed to give both sides until Monday to complete and submit their agreement as to how the death penalty specifications will be handled. If they do not come to an agreement, Hein said he intends to file the dismissal and schedule the sentencing for at least Angela Wagner.

 

[Covert Operative]

Perhaps I am wrong, but the judge made yesterday's hearing so awkward ... moo

From the article:

Ron O'Brien, former Franklin County Prosecutor, who attended court on the prosecution's side for the first time Wednesday, spoke up as tensions rose.

"I think the court properly can and should set a deadline if the court wants to set a deadline, but I have never seen death penalty specifications dismissed absent the state making the request, or the defense making the request," said O'Brien.

Pike County Murder Trial: Judge wants to dismiss death penalty, sentence other Wagners ahead of Billy's trial

Judge Jonathan Hein made an unexpected announcement regarding the death penalty during an otherwise routine hearing ahead of the murder trial of George "Billy" Wagner III in Pike County.

www.wcpo.com

In the end, Hein relented and agreed to give both sides until Monday to complete and submit their agreement as to how the death penalty specifications will be handled. If they do not come to an agreement, Hein said he intends to file the dismissal and schedule the sentencing for at least Angela Wagner.

He did and he seems to try to push Canepas buttons or anyone's he can, but it especially seems that way with her. O'brien jumped in when he thought a scuffle was gonna break out, ha.

 

[Fat Old Man]

I think he is Guilty as heck.
But to many blunders from the Judge, gives him lots of legal loop holes on appeal.
The state gets one chance, the defense gets endless appeals.

Remember, what I said about him.

 

[Cool Cats]

Remember, what I said about him.

What?

I think he is Guilty as heck.
But to many blunders from the Judge, gives him lots of legal loop holes on appeal.
The state gets one chance, the defense gets endless appeals.

Judge did fine put George away for life no reason Billy will be any different than his 3 stoodges helping him to murder 8 people.

I expect Billy in prision in 2025. Jake, Rita, and Angie also get sentenced. George sits in the vermont hell hole last I heard.

2 cents

 

[Lilttledoggie]

Wow, I am not thinking I actually heard what I heard the judge say.
I could understand it wrong but it seems he is saying he will dismiss the DP specifications on Billy and will sentence Angela and Jake before Billys trial. That would mean that Angela and Jake would not have to testify against Billy. That would make a big difference in his trial. Maybe someone else might understand it differently than me.

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Judge just inserted new batteries. That was intense!

 

[Betty P]

The plea deal that was made with Jake was that the DP would be removed from his dad and brother in exchange for his testimony against them. If they remove the DP from Billy's charges before his trial then there is no guarantee that Jake would still testify and the burden of proof is going to be more difficult without that testimony. IMO

I understand what you're saying, but I don't see how that nullifies the plea agreement. Not at all. Jake still has to testify in order to meet the terms of his agreement. Ditto for Angela.

It's causing a headache for AC, but I believe they will testify at Billy's trial.

The Wagner matriarch is powerful in her part of Ohio, but I don't think she's as powerful as she thinks.

Neither AC nor the governor of Ohio isn't going to let her make a fool of them by allowing a family of murderers be set free. JMO

I have a very hinky, uncomfortable feeling about this judge. A feeling that he's pulled these kinds of tricks before.

The whole world is watching. If the Wagners are all set free, after the murders of 8 innocent people, it will make news around the world and forever put a stain on the reputations of all involved.

Bimbo affairs and bribery are sometimes forgotten. Setting brutal murderers free gives you negative publicity for generations to come. Why would any self-respecting judge want to do that?

JMO

 

[Covert Operative]

Pike County Murder Trial: Judge wants to dismiss death penalty, sentence other Wagners ahead of Billy's trial

Judge Jonathan Hein made an unexpected announcement regarding the death penalty during an otherwise routine hearing ahead of the murder trial of George "Billy" Wagner III in Pike County.

www.wcpo.com

-
----If Angela or Jake were to be sentenced, they would no longer be obligated to testify at Billy's trial, especially if the death penalty was already taken off the table.

Canepa stood and told Hein she "obviously" would be objecting to everything he'd announced. She argued the state had not made any requests for the death penalty specifications to be removed yet, and for a judge to dismiss them was unprecedented.----

 

[Betty P]

Pike County Murder Trial: Judge wants to dismiss death penalty, sentence other Wagners ahead of Billy's trial

Judge Jonathan Hein made an unexpected announcement regarding the death penalty during an otherwise routine hearing ahead of the murder trial of George "Billy" Wagner III in Pike County.

www.wcpo.com

-
----If Angela or Jake were to be sentenced, they would no longer be obligated to testify at Billy's trial, especially if the death penalty was already taken off the table.

Canepa stood and told Hein she "obviously" would be objecting to everything he'd announced. She argued the state had not made any requests for the death penalty specifications to be removed yet, and for a judge to dismiss them was unprecedented.----

According to their plea agreements, they are not supposed to be sentenced until they've finished testifying in the trials of GW4 and Billy. Taking the DP off the table for Billy doesn't change that. I wonder if there are any federal charges that can be filed, if Judge Hein decides to let Billy go free with no trial and no punishment?

Sentencing comes AFTER fulfilling the requirements of their plea agreements.

All the amateur sleuths and trial watchers on social media can figure this out. Once the word gets out that the judge might be allowing the defense to set the killers free or give them light sentences, it will cause a lot of problems.

What makes the judge and others think the lives of the Rhoden family and Hanna Gilley are so worthless that their killers should be allowed to go free? Why does the life-long pain and suffering of the babies who survived the deaths of their parents that nigh mean so little to the judge and defense?

Is it just because many of the family members and survivors were poor that they don't deserve justice? If so, I strongly disagree with them.

 

[Betty P]

Judge Hein said the prosecution took too long and the clock ran out. He gave both sides until Monday to work out a deal.

Canepa asked if the judge thought this is funny and reminded him eight people were killed.

Judge Hein needs to review the case file and take note that it's been the defense team(s) that have worked diligently over the years to "run out the the clock". It almost makes it seem as if the Judge (who, JMO, promoted the last trial delay to the prosecution) was victim of the defense team's set-up for this whole scheme.

He must not remember how many times AC has passionately argued in court to end the suffering of the victims families by not delaying these trials.

It's on video.

 

[Betty P]

The plea deal that was made with Jake was that the DP would be removed from his dad and brother in exchange for his testimony against them. If they remove the DP from Billy's charges before his trial then there is no guarantee that Jake would still testify and the burden of proof is going to be more difficult without that testimony. IMO

Sorry, but Jake's plea agreement still stands. There's nothing in the agreement that states it becomes null and void if the DP is removed. The plea agreement already stipulated that the DP would be removed from his father's case if he testifies. There's no need to amend this, unless its a sly trick.

I'm going to have @PrairieWind take a look at this latest court argument. In reality, there was no state motion in court the other day to independently remove the DP from Billy's case. I don't think judges can unilaterally declare a penalty null and void prior to trial, thus negating the co-defendant's plea agreement.

JMO, this was just a ploy by Billy's defense team and cohorts and the judge went along with it. Perhaps they saw that getting a change of venue wasn't going to help Billy's case.

ETA: Why would anyone on social media advocate for all of the Wagners to be released to go unpunished for murdering 8 members of the Rhoden family and Hanna Gilley? I don't understand the logic for that, or is it just a case of publicity and clicks? I don't follow true crime podcasts or YouTube/whatever for this case as they are usually full of errors, but is there some movement out there to stir up this stuff for internet traffic? If so, its a shame.

ETA2: I'm including some links regarding the hearing the other day about the judge's surprise "decision". Hopefully, @PrairieWind can read it and give us some feedback. TIA