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

[Betty P]

From the article attached. -The ruling was filed on Wednesday, Nov. 27. Hein cited concerns that litigation surrounding the death penalty could delay the trial or open the potential for a retrial.

Are those concerns reason enough in Ohio to dismiss a Death Penalty? Maybe, I do not know.

Judge dismisses possibility of death penalty for Billy Wagner in Pike Co. massacre trial

A judge has dismissed the possibility of the death penalty against Billy Wagner in the Pike County massacre trial.

www.wlwt.com

I think they were concerned about running low on funds to complete Billy's trial and weren't sure they could get more from the Ohio Legislature and Senate to finish the job. JMO

 

[Covert Operative]

In the legal case "State v. Gilbert" from Ohio, the "defendant testifying" refers to the situation where Kareem Gilbert, the defendant, was required to testify against his father as part of a plea bargain agreement with the state, but later refused to do so, leading to legal complications regarding whether he breached the terms of the deal and should face further consequences for not fulfilling his part of the agreement.

Key points about the case:

• Plea bargain:
  Gilbert agreed to testify against his father in a murder case in exchange for the state dropping or amending some charges against him.
• Breach of agreement:
  After being sentenced, Gilbert refused to testify against his father as promised in the plea bargain.
• Legal dispute:
  The state then argued that Gilbert had violated the plea agreement by not providing truthful testimony, leading to a legal dispute about whether he should face further penalties for not fulfilling his part of the deal.

State v. Gilbert, ___ Ohio St.3d ___, 2014-Ohio-4562, ___ N.E.3d ___-- Once a defendant has been sentenced by a trial court, that court does not have jurisdiction to entertain a motion by the state to vacate the defendant’s guilty plea and sentence based upon the defendant’s alleged violation of a plea agreement.

In the 2014 case State v. Gilbert, the Ohio Supreme Court ruled that a trial court should delay sentencing if they are concerned a defendant may not fulfill their plea agreement.

Plea Deals & Sentencing | Ohio Supreme Court Ruling State v. Gilbert | Koffel Brininger Nesbitt

Columbus Criminal Attorney Brad Koffel discusses the recent Ohio Supreme Court decision in State v. Gilbert.

www.koffellaw.com

Trial Court Cannot Reconsider Sentence When Defendant Does Not Comply with Plea Agreement

www.courtnewsohio.gov

 

[rescuemom]

From the article attached. -The ruling was filed on Wednesday, Nov. 27. Hein cited concerns that litigation surrounding the death penalty could delay the trial or open the potential for a retrial.

Are those concerns reason enough in Ohio to dismiss a Death Penalty? Maybe, I do not know.

I would think the judge would at least have to have a motion from defense or prosecution and hear oral arguments from both sides before they dismissed it. If it is reinstated, depending on the wording of the appeals court he still may go through the proper procedure and dismiss it anyway.

Judge dismisses possibility of death penalty for Billy Wagner in Pike Co. massacre trial

A judge has dismissed the possibility of the death penalty against Billy Wagner in the Pike County massacre trial.

www.wlwt.com

He's worried about delaying the case??? His insane rulings didn't do just that??????

 

[Seattle1]

State v. Bethel, 110 Ohio St. 3d 416, 2006-Ohio-4853 -- In a capital homicide a plea agreement involved a proffer inculpating the defendant and his agreement to testify against the codefendant. He failed to do so. Court applies contract law to sort out language of the agreement to determine whether statement could be used against the defendant at his own trial. Court cites a 1911 civil case for the proposition that contracts are to be construed to give effect to every provision therein. Death penalty affirmed.

^^rsbm

In the case cited above, although affirming the death penalty here has already been negated by Judge Hein sentencing Jake, the Supreme Court also ruled that the defendant's failure to testify against the codefendant provided for his the entire proffer to be admitted into evidence. Depending on the language of Jakes plea agreement, I'd expect his entire proffer available to the State for Billy's trial if Jake fails to testify.

Ref pages 11-14.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2006/2006-Ohio-4853.pdf

https://opd.ohio.gov/law-library/criminal-law-casebook/plea-bargaining

 

[Covert Operative]

^^rsbm

In the case cited above, although affirming the death penalty here has already been negated by Judge Hein sentencing Jake, the Supreme Court also ruled that the defendant's failure to testify against the codefendant provided for his the entire proffer to be admitted into evidence. Depending on the language of Jakes plea agreement, I'd expect his entire proffer available to the State for Billy's trial if Jake fails to testify.

Ref pages 11-14.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2006/2006-Ohio-4853.pdf

https://opd.ohio.gov/law-library/criminal-law-casebook/plea-bargaining

That is great, I sure hope so. Thanks for that. It may not be as good as having Jake on the stand but it's good enough I think if he did not testify. His plea agreement was attached to motion 51 and it has been posted in here. If you did not see it and would like to I can find it for you and post it.

 

[Seattle1]

That is great, I sure hope so. Thanks for that. It may not be as good as having Jake on the stand but it's good enough I think if he did not testify. His plea agreement was attached to motion 51 and it has been posted in here. If you did not see it and would like to I can find it for you and post it.

Thanks, @Covert Operative -- much appreciated.

 

[Covert Operative]

Thanks, @Covert Operative -- much appreciated.

In the Bethel case it seems that the defendant breached the plea agreement. In this case the judge breached it basically, the defense may have an argument to keep it out for that reason. They probably would try at least.

 

[Covert Operative]

^^rsbm

In the case cited above, although affirming the death penalty here has already been negated by Judge Hein sentencing Jake, the Supreme Court also ruled that the defendant's failure to testify against the codefendant provided for his the entire proffer to be admitted into evidence. Depending on the language of Jakes plea agreement, I'd expect his entire proffer available to the State for Billy's trial if Jake fails to testify.

Ref pages 11-14.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2006/2006-Ohio-4853.pdf

https://opd.ohio.gov/law-library/criminal-law-casebook/plea-bargaining

The more I read the Bethel case, it sounds like they could use his proffer in his own trial, not sure they would be able to use it in another defendant's trial.

 

[Betty P]

^^rsbm

In the case cited above, although affirming the death penalty here has already been negated by Judge Hein sentencing Jake, the Supreme Court also ruled that the defendant's failure to testify against the codefendant provided for his the entire proffer to be admitted into evidence. Depending on the language of Jakes plea agreement, I'd expect his entire proffer available to the State for Billy's trial if Jake fails to testify.

Ref pages 11-14.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2006/2006-Ohio-4853.pdf

https://opd.ohio.gov/law-library/criminal-law-casebook/plea-bargaining

I hope so, too! Thanks for digging that up.

 

[Betty P]

The more I read the Bethel case, it sounds like they could use his proffer in his own trial, not sure they would be able to use it in another defendant's trial.

It sounds like Billy's case could drag on for the better part of this year before it goes to trial. So much for trying to get the trial to move forward quickly, it actually seems to have done the opposite.

JMO, MOO

 

[Tricia]

Some good news. Websleuths is upgrading our server on Friday, Feb. 14h. If you try to log in and can't, please don't panic. Just keep trying.
Thanks,
Tricia

 

[Covert Operative]

Email I received.
The VINE Service
globalnotifications.com
From:[email protected]


Wed, Feb 12 at 6:16 PM


02/12/2025

This e-mail is to inform you that EDWARD WAGNER with offender number A838222 was transferred to another Department of Rehabilitation and Correction facility. The offender is now located at Toledo Correction Institution. The transfer took place on 02/12/2025.

For more information, contact the Department of Rehabilitation and Correction Office of Victim Services. The toll-free number is 1-888-842-8464 (1-888-VICTIM4). VINE information is also available at www.vinelink.com.

This notification is sponsored by the Ohio Statewide Victim Information and Notification Service. It is our hope that this information has been helpful to you.

Thank you,

The VINE Service

 

[Betty P]

Email I received.
The VINE Service
globalnotifications.com
From:[email protected]


Wed, Feb 12 at 6:16 PM


02/12/2025

This e-mail is to inform you that EDWARD WAGNER with offender number A838222 was transferred to another Department of Rehabilitation and Correction facility. The offender is now located at Toledo Correction Institution. The transfer took place on 02/12/2025.

For more information, contact the Department of Rehabilitation and Correction Office of Victim Services. The toll-free number is 1-888-842-8464 (1-888-VICTIM4). VINE information is also available at www.vinelink.com.

This notification is sponsored by the Ohio Statewide Victim Information and Notification Service. It is our hope that this information has been helpful to you.

Thank you,

The VINE Service

Thanks.

Everyone will have to keep an eye on him.

I think I'm finally off sick leave, so will catch up on Billy's hearings today.

 

[arielilane]

@pattinewberry

.#JakeWagner, convicted in the 2016 #PikeCountyMassacre case, was moved to the Toledo Correction Institution on Wednesday, according to http://vinelink.com, a site that tracks inmate movement (and confirmed by @OhioDRC. 1/2

Wagner had been sent to the Correction Reception Center in Orient after being sentenced in Pike County on Jan. 3. He'll do 32 years to life (w chance of parole in 2050), after admitting to killing five of the eight 2016 victims. 2/2


8:21 AM · Feb 13, 2025

https://twitter.com/x/status/1890028466466341261

 

[Covert Operative]

Billy-

I believe the defense was supposed to have their motion to sever certain charges in by last Friday, and then Canepa would have two weeks to respond. They do not have that motion filed yet.
-----------------------------------------------------------------------------------------------------------------------

[td]02/12/2025[/td][td]JUDGMENT ENTRY CANCELLING PROCEEDINGS SET FOR FEBRUARY 19, 2025; OUTSTANDING BRIEFS AND MOTIONS REMAIN DUE[/td]

[td]02/12/2025[/td][td]ENTRY - WARRANT FOR REMOVAL ISSUED FOR FEBRUARY 19, 2025 IS WITHDRAWN[/td]

 

[Niner]

Billy:
Date Docket Text
02/14/2025 CERTIFIED COPY OF JUDGMENT ENTRY FROM THE FOURTH DISTRICT COURT OF APPEALS ON CASE 24CA932


Events
Date Type Event Judge Result
02/19/2025 10:00 AM PRE-TRIAL JUNK, ROBERT CANCELLED

03/21/2025 10:00 AM PRE-TRIAL JUNK, ROBERT

04/25/2025 10:00 AM PRE-TRIAL JUNK, ROBERT

05/30/2025 10:00 AM PRE-TRIAL JUNK, ROBERT

link: https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=*62IWwBkOHX-jQRMVCWb9w

 

[Covert Operative]

I believe the appeal on the venue was dismissed by the appeals court.

02/14/2025 DECISION AND JUDGMENT ENTRY -- IT IS ORDERED THAT THE APPEAL BE DISMISSED AND THAT APPELLEE RECOVER OF APPELLANT THE COSTS HEREIN TAXED COPIES FILED EMAILED TO COUNSEL, COPY RETURNED TO COURT OF APPEALS Receipt: 42526 Date: 02/14/2025

 

[Covert Operative]

I think the State is getting assistance with the Death Penalty appeal.
02/13/2025 ENTRY -- MOTION TO APPOINT STEVE L TAYLOR AND SETH L GILBERT TO ASSIST APPELLANT IS GRANTED; THE COURT DECLINES TO ORDER A SPECIFIED AMOUNT OF COMPENSATION COPIES FILED EMAILED TO COUNSEL, 4 TO COURT OF APPEALS

 

[Tricia]

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[Niner]

Here's some more updates -

Billy -

Appeal #2024CA000931

Docket Information
Date Docket Text
02/14/2025 MAGISTRATE'S ORDER -- APPELLANT'S MOTION TO SUPPLEMENT THE RECORD WITH THE TRANSCRIPT OF HEARING HELD SEPTEMBER 16, 2021 IS GRANTED
COPIES FILED EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS


Appeal #2024CA000932

Date Docket Text
02/14/2025 DECISION AND JUDGMENT ENTRY -- IT IS ORDERED THAT THE APPEAL BE DISMISSED AND THAT APPELLEE RECOVER OF APPELLANT THE COSTS HEREIN TAXED
COPIES FILED EMAILED TO COUNSEL, COPY RETURNED TO COURT OF APPEALS Receipt: 42526 Date: 02/14/2025

02/14/2025 CHECK ISSUED: MORGAN GALLE


link: https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=zHzbPBTa9KGA-ECfZ1JsXg