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

[Seattle1]

Ohio Crim. R.32(A)(1) - provides for defendant's right of allocution at sentencing.​

State v. Green (2000), 90 Ohio St. 3d 352, 359 -- Asking if either counsel or the defendant has anything to add is not enough. The court must explicitly offer the defendant the opportunity to speak. Also see State v. Nelson, 172 Ohio App. 3d 419, 2007-Ohio-3459.

https://opd.ohio.gov/law-library/criminal-law-casebook/allocution-right-to

Section 2947.051 Victim impact statement.​

Section 2947.051 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

____________________________

JW should have never been allowed to turn and face the victims. Allocution is intended for the Court's consideration when imposing sentencing.

Generally, Courts are very firm to instruct both defendants and victims to address the Court and not each other when making their statements. MOO

 

[Seattle1]

Death penalty formally removed from Billy Wagner Pike County Massacre case

Billy Wagner will not face the death penalty if he is convicted for his alleged role in the Pike County Massacre

wchstv.com

11/28/24

WAVERLY, Ohio (WKRC) - Billy Wagner will not face the death penalty if he is convicted for his alleged role in the Pike County Massacre.

[..]

During that hearing special prosecutor Angela Canepa asked Judge Hein, "Why are you trying to sabotage this case, your honor?"

He replied that he was not.

Legal experts say once they're sentenced, it's possible that Angela and Jake won't take the stand in Billy's trial but their previous statements could still be used.

Angela and Jake Wagner pleaded guilty to their roles in the murders to get the death penalty removed from all four family members' cases. In exchange, they would testify against George and Billy Wagner.

 

[Betty P]

And the children who he victimised and whose parents he murdered will all be adults then and if they choose to they will be able to speak at every parole hearing to let the parole board know just how JW impacted there lives, I am sure that the 3 survivors from that night would have powerful testimony that the parole board should hear, as they will have had there childhood into adulthood massively changed by what JW and his family did, plus one of the survivors had both parents murdered, another his father, and a baby had only a few days with her mother before JW shot her mother dead and left her laying in bed with her dead mother,
Then there is JW and HR daughter, she can also attest to what growing up without her mother has been like, and the impact of living with the knowledge that her father murdered her mother, and her maternal grandparents and uncles,
These crimes have left generations of trauma behind, I doubt any parole board will be very eager to release JW if even one of the above mentioned survivors testified at his parole hearing
Plus I can only imagine the emotional trauma JW and HR daughter has suffered knowing they killed all 8 to get custody of her, it is one thing to know you are an innocent in all this and another to live with that knowledge, I hope they all have been provided with ongoing therapy to be able to manage all the emotional trauma that they have had to try to learn to live with

How much better it would have been to leave Jake with his sentence of LWOP. The surviving victims wouldn’t have to go through more years of stress, having to regularly attend these hearings and relive the worst time of their lives to ensure Jake isn’t released on parole.

Instead of being able to put the wretched Wagner family in their past and go on to live their lives, they have to deal with regular reminders of and interactions with the man who killed their parents, grandparents, aunts and uncles. They will be forced to keep fighting to keep them in jail.

Generational trauma. I suppose the judge considered that, but felt giving Jake a chance at parole was more important.

 

[Seattle1]

9/12/22

Prosecutor Details Plot Behind Pike County Massacre in Full​

Refresher on the proffers -- per Prosecutor AC during GW's trial opening statement...

 

[Seattle1]

In a 1999 Judicial Campaign Complaint filed against JP Hein, I don't think the ruling and subsequent sanctions (in excess of $6K) will surprise anybody here:

....The hearing panel concluded that the respondent's excuses do not justify the misconduct established in this case.   We agree and share the hearing  panel's concern over the respondent's lack of familiarity with Canon 7 and somewhat cavalier attitude taken toward obtaining a greater understanding. ....

https://caselaw.findlaw.com/court/oh-commission-of-five-judges/1486522.html

 

[INfisherman]

In a 1999 Judicial Campaign Complaint filed against JP Hein, I don't think the ruling and subsequent sanctions (in excess of $6K) will surprise anybody here:

....The hearing panel concluded that the respondent's excuses do not justify the misconduct established in this case.   We agree and share the hearing  panel's concern over the respondent's lack of familiarity with Canon 7 and somewhat cavalier attitude taken toward obtaining a greater understanding. ....

https://caselaw.findlaw.com/court/oh-commission-of-five-judges/1486522.html

Ironically & almost laughable in hindsight, Hein:

Knowingly misrepresented certain facts regarding his opponent in campaign communications and in an October 15, 1998 candidate's forum, namely, that his opponent was a “liberal” and “soft on criminals.”

 

[Betty P]

Ironically & almost laughable in hindsight, Hein:

Knowingly misrepresented certain facts regarding his opponent in campaign communications and in an October 15, 1998 candidate's forum, namely, that his opponent was a “liberal” and “soft on criminals.”

Interesting how his views have changed.

 

[courier_1]

Why would a judge remove LWOP? I don't not get it. Hopefully, GP won't be a pleasant experience.

 

[sunshineray]

And the children who he victimised and whose parents he murdered will all be adults then and if they choose to they will be able to speak at every parole hearing to let the parole board know just how JW impacted there lives, I am sure that the 3 survivors from that night would have powerful testimony that the parole board should hear, as they will have had there childhood into adulthood massively changed by what JW and his family did, plus one of the survivors had both parents murdered, another his father, and a baby had only a few days with her mother before JW shot her mother dead and left her laying in bed with her dead mother,
Then there is JW and HR daughter, she can also attest to what growing up without her mother has been like, and the impact of living with the knowledge that her father murdered her mother, and her maternal grandparents and uncles,
These crimes have left generations of trauma behind, I doubt any parole board will be very eager to release JW if even one of the above mentioned survivors testified at his parole hearing
Plus I can only imagine the emotional trauma JW and HR daughter has suffered knowing they killed all 8 to get custody of her, it is one thing to know you are an innocent in all this and another to live with that knowledge, I hope they all have been provided with ongoing therapy to be able to manage all the emotional trauma that they have had to try to learn to live with

I think the point of it all, the outrage at Judge Hein's actions, boils down to the victim's family members having to continue to appear and testify, that worry will still be a part of their lives for decades to come.

It's just outrageous the children are branded with that duty when LWOP is an appropriate (as in GW IV's case) and just sentence (for all who took part) and would have ended the need for the surviving children, parents etc...to be vigilance and involved with such evil beings as the Wagners, for the rest of their lives.

The Supreme Court of Ohio has refused to recognize this. IMO, they should have removed Judge Hein but instead left him in place to set up such future damage to the victim's families, over and over again.

Now it's looking like EJW won't even be legally compelled to testify against his father. Let's see if his proclaimed faith in God showing him the right way actually compels him to follow through on his so-called strong religious convictions, that he so easily was allowed to preach to the victim's family members at his sentencing.

What this judge has done is a travesty to justice and his title.

AJMO

Pike County murder trial: Jake, Angela to be sentenced days before final murder trial scheduled to begin

Court records show Billy's trial is still scheduled to begin on January 6, though it's unclear whether this is still a date the court can meet.

www.wcpo.com

 

[LMDlong]

WBNS-10TV Columbus, Ohio | Columbus News, Weather & Sports | | 10tv.com

www.10tv.com

I hope this link works .

 

[Betty P]

Why would a judge remove LWOP? I don't not get it. Hopefully, GP won't be a pleasant experience.

The judge was pretty clear that he felt Jake deserved a chance at parole for getting another chance at life. He said Jake could work on his life or something similar. Jake can strive in prison to earn freedom.

The judge makes a serious error in judgment if he thinks a man who plotted and carried out the murders of 8 innocent people, including the mother of his daughter who had just borne a second child 4 days earlier, is capable or motivated to live a productive, peaceful life.

Remember how Jake allowed that some of the victims were killed simply because they were there and could be witnesses? He can't be rehabilitated and doesn't deserve to be outside of prison again.JMO

 

[LMDlong]

WBNS-10TV Columbus, Ohio | Columbus News, Weather & Sports | | 10tv.com

www.10tv.com

I hope this link works .

Sorry it didn’t work.
The link I was trying to share was Dewine’s comments on the day Jake plead guilty.

 

[Betty P]

I think the point of it all, the outrage at Judge Hein's actions, boils down to the victim's family members having to continue to appear and testify, that worry will still be a part of their lives for decades to come.

It's just outrageous the children are branded with that duty when LWOP is an appropriate (as in GW IV's case) and just sentence (for all who took part) and would have ended the need for the surviving children, parents etc...to be vigilance and involved with such evil beings as the Wagners, for the rest of their lives.

The Supreme Court of Ohio has refused to recognize this. IMO, they should have removed Judge Hein but instead left him in place to set up such future damage to the victim's families, over and over again.

Now it's looking like EJW won't even be legally compelled to testify against his father. Let's see if his proclaimed faith in God showing him the right way actually compels him to follow through on his so-called strong religious convictions, that he so easily was allowed to preach to the victim's family members at his sentencing.

What this judge has done is a travesty to justice and his title.

AJMO

Pike County murder trial: Jake, Angela to be sentenced days before final murder trial scheduled to begin

Court records show Billy's trial is still scheduled to begin on January 6, though it's unclear whether this is still a date the court can meet.

www.wcpo.com

Though Angela's attorneys said she indicated she would still testify against Billy, I suspect a little money in her prison account from the Wagner family will convince her to withhold cooperation. JMO, this is the plan all along.

It was encouraging to note that, in one of Prosecutor Canepa's recent filings, she noted that BCI has been monitoring phone calls between Fredericka Wagner and her murderous spawn in prison.

 

[Cool Cats]

So do Jake and Angela testify against Billy or not?

This could go in Billy's favor.

 

[Caylee Advocate]

I am hearing that AW is being held down in Scioto County jail under a "safekeeping" order. Alrighty then.

 

[Seattle1]

Why would a judge remove LWOP? I don't not get it. Hopefully, GP won't be a pleasant experience.

Shocking even JW-- from the look on his face -- in Hein's own words, he did not think it appropriate for JW to face the same sentence as his brother GW4 after JW acknowledged his responsibility and helped the State with their case.

But Judge Hein rejected the deal, saying that because he accepted responsibility for his crimes, he shouldn’t face the same sentence as his brother. Prosecutors say Jake’s testimony during his brother’s trial in 2022 was key to convicting George Wagner IV, who’s now serving multiple life sentences for his role in the murders. Jake also testified that his father, Billy, killed at least two people and that his brother didn’t fire a single shot. Judge Hein sentenced Jake to life with the possibility of parole after 32 years.

Jan 3, 2025

3 Family Members Face Sentencing in Ohio Family Massacre

Three Wagner family members face sentencing for their roles in the 2016 massacre that left eight members of the Rhoden family dead.

www.courttv.com

 

[Caylee Advocate]

So do Jake and Angela testify against Billy or not?

This could go in Billy's favor.

JMO, but I doubt they will. My .03 Cent opinion.

 

[Caylee Advocate]

Just thinking about this and perhaps the Judge told Jake he would be eligible to initiate parole application (**down the road**)... in order to keep him behaving himself in prison. When he goes before the parole board, nobody is going to be crazy enough to let him out IMO. A little false hope goes a long way in prison.

 

[Seattle1]

So do Jake and Angela testify against Billy or not?

This could go in Billy's favor.

Both defendants entered their plea agreements knowing that the Court had the final word on sentencing. Depending on their relationships with their respective defense attorneys, I can see JW testifying against Billy as he agreed but I recall AW writing to the Court seeking to replace her lawyer. I don't think her request for a new lawyer was granted so she's likely only 'tolerated' her counsel and doesn't feel any loyalty to her defense -- especially since Hein rejected any sentence with parole eligibility for AW. MOO

 

[Seattle1]

A day in Pike County court: Satan, Jesus, tears and a surprise sentence in Ohio massacre

The 2016 Pike County killings shocked Ohio. The legal cases that have followed have been dramatic too.

www.cincinnati.com

Jan 4, 2025

Here are five of the most dramatic moments from a day in the Pike County Common Pleas Court, where three defendants were sentenced and one sat for a hearing.

Family members reunited in courtroom​

The Wagners have been separated since they were arrested, charged and jailed in the case in November of 2018.

On Friday, mother Angela Wagner and younger son Edward “Jake” Wagner sat just feet from each other in the courtroom jury box, awaiting sentencing. Angela’s mother, Rita Newcomb, sat a few feet in front of her at the defense table, also for sentencing. Guarded by at least 16 armed officers and flanked by attorneys, the Wagners and Newcomb could not speak to each other.

[..]

But they all shot furtive glances at each other. And Jake Wagner gave his mother a noticeable nod and small smile as she was led past him, in tears, exiting a courtroom door.

‘Jesus made me get caught,’ Jake Wagner says​

Before his sentencing, Jake Wagner asked to speak directly to the Rhodens. He stood and turned to them for religious-imbued comments that lasted more than 11 minutes.

[..]

Hein vs. two Angelas​

Hein and Special Prosecutor Angela Canepa have been sparring since he took the case over in June.

[..]

After sentencing Angela Wagner to 30 years with no chance of parole – a sentence parties drafted in 2021 when she confessed to her role in preparing for and covering up the killings – he assailed her for not stopping the crimes.

A sentencing surprise, too​

Jake Wagner likewise agreed to a sentence when he confessed to his central role in the Pike County crimes. He was prepared to serve a maximum of eight consecutive life sentences without parole for eight charges of aggravated murder, plus another 160 years on 15 other charges.

Hein recited those punishments from the bench – then stunned the courtroom by instead sentencing him to 12 years on gun charges and 20 years to life, to be served concurrently, for the murder charges. Wagner will be eligible for parole in 32 years.

[..]

Drama still to come​

Billy Wagner’s hearing, following the sentencings, lacked drama by comparison. His attorneys argued against allowing the prosecution to bring up any of their client's alleged other criminal acts when on trial.