OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #89

  • #601
Been watching this case since 2018 and I give credit to Canepa for actually acting as restrained as she did.

2 Cents
Yes, she wanted to say a lot more it seemed and with good reason. It may have crossed her mind just briefly that jail time would be worth it to lay into him a lot worse, but then she got control. ha
 
  • #602
Been watching this case since 2018 and I give credit to Canepa for actually acting as restrained as she did.

2 Cents
Probably best (for her and for the victims) that she didn’t, otherwise he may have dismissed even more (of the same details she’s been saying she’d dismiss herself)
 
  • #603
As I have said many times, the State never guaranteed to the judge that she would just dismiss the DP without an agreement, an agreement that Billy would not agree to. On page 15 she specifically addressed that, but also in other areas of the document. I hope the DP gets reinstated, but I know it is very hard to go up against judge's rulings. I believe in Ohio a defendant in a DP case has to have a jury trial or a bench trial with 3 judges. If it is not reinstated, then Billy could opt for a bench trial with Judge Hein at some point.
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[td]01/31/2025[/td][td]BRIEF OF PLAINITFF-APPELLANT STATE OF OHIO FILED COPIES FILED EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS[/td]
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Attachments

  • #604
As I have said many times, the State never guaranteed to the judge that she would just dismiss the DP without an agreement, an agreement that Billy would not agree to. On page 15 she specifically addressed that, but also in other areas of the document. I hope the DP gets reinstated, but I know it is very hard to go up against judge's rulings. I believe in Ohio a defendant in a DP case has to have a jury trial or a bench trial with 3 judges. If it is not reinstated, then Billy could opt for a bench trial with Judge Hein at some point.

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[td]01/31/2025[/td][td]BRIEF OF PLAINITFF-APPELLANT STATE OF OHIO FILED COPIES FILED EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS[/td]

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Oh wow, she cherry picked a heck of a lot of quotes from the judge in there to really pull out the ones that look/sound the worst lol.

Very interested to see what the higher Court decides….
 
  • #605
Oh wow, she cherry picked a heck of a lot of quotes from the judge in there to really pull out the ones that look/sound the worst lol.

Very interested to see what the higher Court decides….
Kind of like he does? There probably were no good quotes of the judge for her to note in the filing. I think it's hard to get a favorable ruling when you appeal a judge's decision. She never guaranteed a DP dismissal that I have ever read or heard in the courtroom as some seem to think because he implied that. The main thing it seems, is that she never said to the judge that she would outright dismiss the DP. I don't think that is cherry picked.
 
  • #606
As I have said many times, the State never guaranteed to the judge that she would just dismiss the DP without an agreement, an agreement that Billy would not agree to. On page 15 she specifically addressed that, but also in other areas of the document. I hope the DP gets reinstated, but I know it is very hard to go up against judge's rulings. I believe in Ohio a defendant in a DP case has to have a jury trial or a bench trial with 3 judges. If it is not reinstated, then Billy could opt for a bench trial with Judge Hein at some point.

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[td]01/31/2025[/td][td]BRIEF OF PLAINITFF-APPELLANT STATE OF OHIO FILED COPIES FILED EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS[/td]

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Big thanks @Covert Operative for uploading the brief!
 
  • #607
Probably best (for her and for the victims) that she didn’t, otherwise he may have dismissed even more (of the same details she’s been saying she’d dismiss herself)

Considering her stellar record handling these cases, her discussion with the judge is an exception, not a habit. There's really no need to keep bringing this up. It almost creates the appearance that some might want to exaggerate facts to unfairly smear her reputation on social media.

JMO
 
  • #608
for GW3

Appeal - 2024CA000931

Docket Information
Date Docket Text
01/30/2025 DEFENDANT-APPELLEE'S REPLY TO THE STATE'S MOTION FOR RECONSIDERATION FILED
Attorney: GATTERDAM, KORT W
Attorney: COLLINS, MARK C
Attorney: HAYES, THOMAS F
COPIES FILED EMAIL RETD TO COUNSEL, 4 MAILED TO COURT OF APPEALS

01/31/2025 BRIEF OF PLAINITFF-APPELLANT STATE OF OHIO FILED
COPIES FILED EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS


Murder case:
Docket Information
Date Docket Text
01/29/2025 TRANSCRIPT OF HEARING HELD SEPTEMBER 16, 2021 FILED


link: https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=uoIB7q4ODD656fZ8uCDGxg
 
  • #609
Considering her stellar record handling these cases, her discussion with the judge is an exception, not a habit. There's really no need to keep bringing this up. It almost creates the appearance that some might want to exaggerate facts to unfairly smear her reputation on social media.

JMO
My “reason” was merely to share the details surrounding actions she’s taken that very much have proven to only undermine the very cause she said she is passionate about and always striving towards.

I’m disappointed in this Judge too, but she’s done things that have gone against what he’s asked her to do. I’ve yet to see one mention how defying him has lead towards the seeking of justice we ALL want to see in this case. It’s disappointing. And im not at all running some “smear” against her and I don’t believe I’ve exaggerated anything. When pressed for proof of “claims” I provided direct quotes and timestamps from hearings.

In other cases I’ve followed, defying what the Judge asked repeatedly has landed attorneys in more hot water than what I’ve witnessed here. That does NOT make what he’s doing right, but once again (going back to a seemingly simple thing), if the Judge asked you for something in writing, multiple times over months, and you don’t listen to that and then get mad at them when they aren’t listening , how is that reasonable? Not listening to a temperamental judge has only hurt the State in this case and I’ve yet to see anyone point out differently. Is a ticked off judge going to start suddenly making all these findings and rulings in favor of the very side he’s mad at? Seems very unlikely to me.
 
  • #610
I’m not sure which is more outrageous, this judge’s behavior & attitude or the court clerk’s poorly aimed stamps annoyingly covering up the last few words of many pages.

Kind of rich that the judge mentions no time for 47 motions but wants to give the victims justice after imposing a softball sentence to Jake. Seems like a bit of talking out both sides of his mouth.

Nice touch noting that the defendant has been detained for too long twice on the same page as well.

Good old "Hurry up I’m in a hurry" Hein.

MOO
 
  • #611
  • #612
My “reason” was merely to share the details surrounding actions she’s taken that very much have proven to only undermine the very cause she said she is passionate about and always striving towards.

I’m disappointed in this Judge too, but she’s done things that have gone against what he’s asked her to do. I’ve yet to see one mention how defying him has lead towards the seeking of justice we ALL want to see in this case. It’s disappointing. And im not at all running some “smear” against her and I don’t believe I’ve exaggerated anything. When pressed for proof of “claims” I provided direct quotes and timestamps from hearings.

In other cases I’ve followed, defying what the Judge asked repeatedly has landed attorneys in more hot water than what I’ve witnessed here. That does NOT make what he’s doing right, but once again (going back to a seemingly simple thing), if the Judge asked you for something in writing, multiple times over months, and you don’t listen to that and then get mad at them when they aren’t listening , how is that reasonable? Not listening to a temperamental judge has only hurt the State in this case and I’ve yet to see anyone point out differently. Is a ticked off judge going to start suddenly making all these findings and rulings in favor of the very side he’s mad at? Seems very unlikely to me.

She did something right. She convinced a jury that George was guilty of 22 felony charges.

She did not have a stellar record with judge Deering but won her case.

I believe she can win Billy's also.

2 Cents
 
  • #613
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  • #614

Billy Wagner indicates he wants to go to trial instead of possibly taking a plea deal​


Lawyers for the defense and prosecution debated removing some of the charges from Wagner's case, as well as the possibility of plea negotiations.

"In the criminal justice world, a client makes three decisions. Whether or not they go to trial or do a plea. Whether or not if it's to a judge or to a jury. And whether or not they testify or they don't testify," said Billy's attorney. "Right now Billy takes a plea (I assume this means the death penalty is off the table) going forward with a trial and Mr. Wagner has indicated that's what he wants so that's what we're working towards.

I can think of the DP being taken off and his prior bad acts but what else?

So if Billy takes a plea deal he could end up with Jake's 32 year parole deal.

They should all get LWOP.. Period.

2 Cents
 
  • #615

Billy Wagner indicates he wants to go to trial instead of possibly taking a plea deal​


Lawyers for the defense and prosecution debated removing some of the charges from Wagner's case, as well as the possibility of plea negotiations.

"In the criminal justice world, a client makes three decisions. Whether or not they go to trial or do a plea. Whether or not if it's to a judge or to a jury. And whether or not they testify or they don't testify," said Billy's attorney. "Right now Billy takes a plea (I assume this means the death penalty is off the table) going forward with a trial and Mr. Wagner has indicated that's what he wants so that's what we're working towards.

I can think of the DP being taken off and his prior bad acts but what else?

So if Billy takes a plea deal he could end up with Jake's 32 year parole deal.

They should all get LWOP.. Period.

2 Cents
They spoke of severing some charges. The ones mentioned in court were 15,16,17,18,19,20, but when they file their motion, it could change or there could be others added.

I think even if Billy does not take a plea deal, he may end up with a sentence similar to Jake's or never get LWOP, but get a set sentence.
 
  • #616

Billy Wagner indicates he wants to go to trial instead of possibly taking a plea deal​


Lawyers for the defense and prosecution debated removing some of the charges from Wagner's case, as well as the possibility of plea negotiations.

"In the criminal justice world, a client makes three decisions. Whether or not they go to trial or do a plea. Whether or not if it's to a judge or to a jury. And whether or not they testify or they don't testify," said Billy's attorney. "Right now Billy takes a plea (I assume this means the death penalty is off the table) going forward with a trial and Mr. Wagner has indicated that's what he wants so that's what we're working towards.

I can think of the DP being taken off and his prior bad acts but what else?

So if Billy takes a plea deal he could end up with Jake's 32 year parole deal.

They should all get LWOP.. Period.

2 Cents
Time to move on and give Billy a trial, one without the judge’s jury nullification tricks. This cold blooded murderer deserves no breaks. He’s a very real threat to the public who shows no remorse for his actions. He cruelly murdered at least two innocent men = Chris and Kenneth Rhoden.
 
  • #617
I thought the judge would/should rule on this in the State's favor, but with this judge I did have some doubt.


02/03/2025 JUDGMENT ENTRY GRANTING STATE'S MOTION TO AMEND BILL OF PARTICULARS FILED
 
  • #618
Time to move on and give Billy a trial, one without the judge’s jury nullification tricks. This cold blooded murderer deserves no breaks. He’s a very real threat to the public who shows no remorse for his actions. He cruelly murdered at least two innocent men = Chris and Kenneth Rhoden.

And Gary I think. Why all 4 are not rotting in LWOP is one of the weirdest things I have ever seen. 8 people, some just happened to be there. I hate Ohio. Sorry, I know you live there.
 
  • #619
I thought the judge would/should rule on this in the State's favor, but with this judge I did have some doubt.


02/03/2025 JUDGMENT ENTRY GRANTING STATE'S MOTION TO AMEND BILL OF PARTICULARS FILED

This BOP goes back to 2018. Such a disgrace.

2 Cents
 
  • #620
And Gary I think. Why all 4 are not rotting in LWOP is one of the weirdest things I have ever seen. 8 people, some just happened to be there. I hate Ohio. Sorry, I know you live there.

I was trying to remember whether Gary was his victim also. I need to go back and re-read the ballistics report. I do recall Jake confessing that he went into Kenneth's trailer and saw the muzzle flash inside.
 

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