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

[MTW2011]

Does this mean Canepa filed another Affidavit of Disqualification for Judge Hein on 01/02/2025? Or is it an entry for the denial by the Supreme Court?

If it is a new affidavit that would be very interesting, if so does anyone have a copy of it?

 

[Betty P]

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

Agree. <modsnip - no link> It will be interesting to see what happens if Billy does go to trial. JMO, the state still has a good case against him, especially if they're able to use Jake and Angela's testimony from George's trial. The state also has a great deal of digital evidence, including interviews. Defense will spend a lot of time trying to keep that evidence out of the trial. With Judge Hein presiding over Billy's trial, he will give the defense everything they ask for. JMO, I assume he also wants to set Billy free.

I just don't think the jurors will agree with the Judge's agenda. I assume he will choose a county for Billy's trial where FW has some influence.

On the positive side, the news media seems well aware that there's an obvious ongoing attempt to derail Billy's trial and set all the killers free. Public pressure will be strong. Hopefully, someone will step in because if all these killers are set free, there probably won't be any other opportunities to put them back in jail. Such a huge miscarriage of justice would be shocking, but it would reveal to the rest of the world how corrupt Ohio has become. JMO

 

[Betty P]

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.

Hein will give the defense everything they ask for and will fight the state tooth and nail. Prosecutor Canepa has a huge battle on her hands. As powerful and connected as Alec Murdaugh was, he still doesn't have the advantages of Billy Wagner with Judge Hein on his side. JMO

 

[Seattle1]

Understanding the Pike County massacre

It’s been dubbed as the largest murder investigation in Ohio.

www.wlwt.com

Jan 3 - 2025

 

[Berrybell]

The deep pockets of FW go way beyond we even suspected…JMO

I agree!! Granny Wag's money showed up!!!

 

[MTW2011]

Yes, I suppose the Judge is ruling in Jake's favor and undermining the case against Billy because....he really, really likes them? JMO

I'm sure the Wagner family knows that doxxing and stalking people on the internet is a federal offense.

ETA: I would also note that Prosecutor Canepa has mentioned that BCI has monitored GW3's phone convos with FW.

I’ve posted letters here that the Judge wrote to House committees about his support for prison alternatives, his belief in rehabilitation and the opportunities for it, etc. I believe his own words and opinions in these things - from several years ago - help explain at least some of why he made the decisions he made.

Comparing this to other homicide and violent offense cases he’s imposed sentences on only underscores that, in my opinion. I don’t believe he “supports” any of the defendants or that the sentences were some response from his anger towards Canepa, although it was clear his frustration and anger with her and I can totally see why some may think that played a role. Overall, just my opinion, but if you look at his writings and other cases, the sentences he’s imposed I’d say fall into similar areas as these ones and this wasn’t just some extreme outlier. That doesn’t make his choices for the sentences “right” (or “wrong”), but just similar to other violent cases. JMOO.

 

[Betty P]

I’ve posted letters here that the Judge wrote to House committees about his support for prison alternatives, his belief in rehabilitation and the opportunities for it, etc. I believe his own words and opinions in these things - from several years ago - help explain at least some of why he made the decisions he made.

Comparing this to other homicide and violent offense cases he’s imposed sentences on only underscores that, in my opinion. I don’t believe he “supports” any of the defendants or that the sentences were some response from his anger towards Canepa, although it was clear his frustration and anger with her and I can totally see why some may think that played a role. Overall, just my opinion, but if you look at his writings and other cases, the sentences he’s imposed I’d say fall into similar areas as these ones and this wasn’t just some extreme outlier. That doesn’t make his choices for the sentences “right” (or “wrong”), but just similar to other violent cases. JMOO.

Thanks for the input, but I would strongly disagree that Jake Wagner, who planned and carried out the murders of 8 members of a family, innocent people sleeping in their beds, is anything close to a typical criminal. Of course there are good reasons to give breaks to non-violent offenders who have the potential to turn their lives around, but this is not one of those cases. Jake and his family are extremely sick, violent people with a history of violence and criminal activity.

What kind of killer pumps 5 bullets into the head of the mother of his daughter as she lay nursing her 4 day old child? What kind of killer then arranges the body of the mother so that the 4 day old baby can still nurse from the deceased mother? Do you really think that's a person who can be rehabilitated and trusted to live in society with the rest of us? Then imagine him going from that room to two other rooms in the same house to shoot an innocent 16 yo kid in his sleep as well as the victims mother, who had just returned from working a double shift as a nurse at the local nursing home?

Do you really think an animal like that deserves to ever be let out of prison?

Jake also climbed into the window of Frankie Rhoden, where he entered Frankie's bedroom and shot him and his fiance in cold blood, as they were sleeping with their 6 month old baby in between them. He admitted neither of those innocent victims had anything to do with his alleged motive. They were just collateral damage. He was afraid if he killed the others that Frankie would come after him. He killed Hanna Gilley because she would be a witness.

The same goes for the three other people Jake and his father murdered that night - Chris Rhoden Sr., Gary Rhoden and Kenneth Rhoden. None of them had done a single thing to deserve being murdered. None had committed any crimes. They were only perceived to be a threat to the Wagners if they killed Hanna May Rhoden. IOW, no reason at all, just the desire to commit cold blooded murder.

All of this so Jake could get custody of the daughter he shared with HMR. No, that's not a person who can be rehabilitated, nor does he deserve parole. His first acts would be to go after the innocent women who testified against him and his family.

 

[MTW2011]

Thanks for the input, but I would strongly disagree that Jake Wagner, who planned and carried out the murders of 8 members of a family, innocent people sleeping in their beds, is anything close to a typical criminal. Of course there are good reasons to give breaks to non-violent offenders who have the potential to turn their lives around, but this is not one of those cases. Jake and his family are extremely sick, violent people with a history of violence and criminal activity.

What kind of killer pumps 5 bullets into the head of the mother of his daughter as she lay nursing her 4 day old child? What kind of killer then arranges the body of the mother so that the 4 day old baby can still nurse from the deceased mother? Do you really think that's a person who can be rehabilitated and trusted to live in society with the rest of us? Then imagine him going from that room to two other rooms in the same house to shoot an innocent 16 yo kid in his sleep as well as the victims mother, who had just returned from working a double shift as a nurse at the local nursing home?

Do you really think an animal like that deserves to ever be let out of prison?

Jake also climbed into the window of Frankie Rhoden, where he entered Frankie's bedroom and shot him and his fiance in cold blood, as they were sleeping with their 6 month old baby in between them. He admitted neither of those innocent victims had anything to do with his alleged motive. They were just collateral damage. He was afraid if he killed the others that Frankie would come after him. He killed Hanna Gilley because she would be a witness.

The same goes for the three other people Jake and his father murdered that night - Chris Rhoden Sr., Gary Rhoden and Kenneth Rhoden. None of them had done a single thing to deserve being murdered. None had committed any crimes. They were only perceived to be a threat to the Wagners if they killed Hanna May Rhoden. IOW, no reason at all, just the desire to commit cold blooded murder.

All of this so Jake could get custody of the daughter he shared with HMR. No, that's not a person who can be rehabilitated, nor does he deserve parole. His first acts would be to go after the innocent women who testified against him and his family.

No, I don’t really think that whatsoever - but it’s not about what I think. It’s about what this Judge thinks and what he thinks about Jake’s sentence at the very least seems to align how he’s sentenced other very violent criminals before.

For example - (not sure if I can/should list their names as this thread is not about these people so I will just reference their cases)
Judge Hein sentenced a man, who was convicted of aggravated burglary and attempted aggravated murder, facing 15 years+. He broke into the a friend of the victim’s residence and violently attacked his victim, stabbing her multiple times and causing severe head and neck injuries to her. Hein sentenced him to 16 years in prison.

He sentenced another man, convicted of aggravated vehicular homicide, facing 2-11 years in prison per Ohio code…. Hein sentenced him to one year and was let out while he appealed his conviction.

In another case, someone convicted of aggravated burglary, aggravated robbery, theft and kidnapping….faced decades of prison time. Hein allowed them out on release after a little more than a decade in prison.

I know these aren’t apples-to-apples, but these are violent crimes where he sentenced individuals much lower than both what the State was seeking and what they could’ve faced under the law. JMOO but this is similar to how he sentenced Jake, much lower/different than expectations but not surprising if/when you compare it to how he’s sentenced others before.

 

[Betty P]

No, I don’t really think that whatsoever - but it’s not about what I think. It’s about what this Judge thinks and what he thinks about Jake’s sentence at the very least seems to align how he’s sentenced other very violent criminals before.

For example - (not sure if I can/should list their names as this thread is not about these people so I will just reference their cases)
Judge Hein sentenced a man, who was convicted of aggravated burglary and attempted aggravated murder, facing 15 years+. He broke into the a friend of the victim’s residence and violently attacked his victim, stabbing her multiple times and causing severe head and neck injuries to her. Hein sentenced him to 16 years in prison.

He sentenced another man, convicted of aggravated vehicular homicide, facing 2-11 years in prison per Ohio code…. Hein sentenced him to one year and was let out while he appealed his conviction.

In another case, someone convicted of aggravated burglary, aggravated robbery, theft and kidnapping….faced decades of prison time. Hein allowed them out on release after a little more than a decade in prison.

I know these aren’t apples-to-apples, but these are violent crimes where he sentenced individuals much lower than both what the State was seeking and what they could’ve faced under the law. JMOO but this is similar to how he sentenced Jake, much lower/different than expectations but not surprising if/when you compare it to how he’s sentenced others before.

He took his questionable sentencing a little too far in this case, JMO. Gambling with the lives of people.

 

[MTW2011]

He took his questionable sentencing a little too far in this case, JMO. Gambling with the lives of people.

Yeah. Just like he did when he’s let out violent offenders years before their sentence was set to run until, I’d say he’s gambling with lives of people in all those instances too.

I feel especially sorry for the victims’ family who seem surprised / blindsided by his sentencing. IMOO this was almost predictable had anyone looked just a bit at his past sentences, and with all the back and forth from the State trying to get him removed for all sorts of reasons, I hoped they at least warned the family of the possibility of him doing such a thing when it came to sentencing. If not, I imagine the shock of it was even more elevated. Disappointing and sad indeed. Just MOO.

 

[pittsburghgirl]

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.

I doubt that this judge cares one bit about the trauma wounds he's opened up for these families. 8 people were executed to get exclusive control over a child and this judge thinks these freaks should have a shot at getting out of prison. I can't even.

Edited to add: My biggest complaint is moving from consecutive sentences under the plea deal to concurrent. Jake Wagner initiated the killing of 8 innocent people, and if I recall correctly, he killed 5 of them himself. He should never, ever see the light of day. And in the main, I'm all for sentencing reform and rehabilitation in cases where people didn't plot the cold-blooded execution of 8 people across multiple crime scenes.

 

[MTW2011]

Letter to the Editor “Ohio State Bar Association’s Professional Conduct Committee investigating judicial misconduct I cannot fathom a more egregious case of ethical wrongdoing than what is happening in Pike County with Judge Jonathan P. Hein in the high-profile Wagner murder trials.”

Letter to the Editor: More concerns over Judge's actions

Dear Editor,

www.newswatchman.com

Now on other social media channels people are circulating a template and form to fill out a grievance against this Judge.

Extremely unpopular opinion of mine but the Judge didn’t dismiss the death penalty “just” because he was frustrated with the prosecution, as this letter seems to allege. Maybe that played a role, we don’t know; but im sure many will now write letters sharing similar displeasure over this Judge’s decision.

 

[Warwick7]

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

Agred...

 

[Betty P]

Letter to the Editor “Ohio State Bar Association’s Professional Conduct Committee investigating judicial misconduct I cannot fathom a more egregious case of ethical wrongdoing than what is happening in Pike County with Judge Jonathan P. Hein in the high-profile Wagner murder trials.”

Letter to the Editor: More concerns over Judge's actions

Dear Editor,

www.newswatchman.com

Now on other social media channels people are circulating a template and form to fill out a grievance against this Judge.

Extremely unpopular opinion of mine but the Judge didn’t dismiss the death penalty “just” because he was frustrated with the prosecution, as this letter seems to allege. Maybe that played a role, we don’t know; but im sure many will now write letters sharing similar displeasure over this Judge’s decision.

JMO, I do think its possible that Judge Hein dismissed the death penalty because he was frustrated with the prosecution, as alleged in the letter. He as much as admitted it in a recent hearing.

Some excerpts from the LTTE from Bret Adams, who has investigated many cases of judicial malfeasance:

Although I am personally opposed to the death penalty, I am not opposed to following the rule of law, nor the prosecution of the ringleader where the prosecutors deftly secured confessions and testimony to make the ringleader accountable.

However, all this masterful prosecution may be undone by a grandstanding arrogant appointed Judge who has no business presiding over any case let alone a case of this importance. For those unfamiliar with what Mr. Hein has done let me explain as he is unworthy of being identified as an officer of the Court or Judge.

Mr. Hein’s record is long and highly controversial, cases overturned where he tried to bully lawyers, but more troubling is the criticism of participants where he operates the courtroom as his own, and not the Courtroom of the people. As just evidenced by a recent correspondence to this paper from the Director of Public Safety in Drake County where Mr. Hein served, Mr. Hein is simply a jerk who actually thinks being a Common Pleas Judge makes all of us subservient to his personal failings. No successful lawyer aspires to take a pay cut to be a Judge in this State.

 

[MTW2011]

JMO, I do think its possible that Judge Hein dismissed the death penalty because he was frustrated with the prosecution, as alleged in the letter. He as much as admitted it in a recent hearing.

Some excerpts from the LTTE from Bret Adams, who has investigated many cases of judicial malfeasance:

Sure, but what was the cause of his frustration? I think that’s an important piece of this puzzle. The State had multiple opportunities over several (4) months and they blew it, he said. *that* is what caused his frustration.

The Judge was surprised, as he said, because the State told him the “same thing” in September, October, November. He did not know there almost no progress in the negotiations from the last hearing to the most recent one. He expected more progress and/or an agreement reached, neither of which he saw at the November hearing. This was a hearing before a scheduled trial and he’s just now (then) finding out that they needed more time and had no agreement.

Look, im really not defending or even supporting the Judge, i am just trying to explain why I personally believe that all of his recent actions/decisions were not at all surprising. I know some here (and elsewhere on social media) were shocked at both the removal of the death penalty and also the sentencing but I think some of it was almost predictable based on everything. Canepa couldn’t stop shaking her head, even when her own co counsel was speaking, she interrupted the Judge after being asked not to, and she even started packing her things up before the hearing was over. I am SURE she was frustrated but all of those things only made Judge Hein even more convinced he was right on the decisions he made. JMOO.

 

[Betty P]

Sure, but what was the cause of his frustration? I think that’s an important piece of this puzzle. The State had multiple opportunities over several (4) months and they blew it, he said. *that* is what caused his frustration.

The Judge was surprised, as he said, because the State told him the “same thing” in September, October, November. He did not know there almost no progress in the negotiations from the last hearing to the most recent one. He expected more progress and/or an agreement reached, neither of which he saw at the November hearing. This was a hearing before a scheduled trial and he’s just now (then) finding out that they needed more time and had no agreement.

Look, im really not defending or even supporting the Judge, i am just trying to explain why I personally believe that all of his recent actions/decisions were not at all surprising. I know some here (and elsewhere on social media) were shocked at both the removal of the death penalty and also the sentencing but I think some of it was almost predictable based on everything. Canepa couldn’t stop shaking her head, even when her own co counsel was speaking, she interrupted the Judge after being asked not to, and she even started packing her things up before the hearing was over. I am SURE she was frustrated but all of those things only made Judge Hein even more convinced he was right on the decisions he made. JMOO.

The letter to the editor (LTTE) linked above explains some of the problem with the judge's decision to take the matter into his own hands and reduce the sentence for Jake; ditto for taking away the DP for Billy.

The prosecution of all 4 Wagners is nearly complete. The prosecution did a great job of putting the pieces together and negotiating plea agreements from Angela and Jake. George IV's trial showed the state had solid evidence and the testimony of Angie and Jake reinforced the evidence, resulting in a guilty verdict.

These 4 cases were in the final home stretch. Only Billy's case left to try; the evidence had stood up to challenges in court during GW IV's trial; Angela and Jake were ready to testify. All Judge Hein needed to do was make sure everything was organized and proceeding according to plan. Pre-tial hearings, trial, verdict, then final sentencing of the Wagners. Game set match. Had Billy been found innocent under the original prosecution plan, the court would have then finalized Jake and Angela's original sentences and they would have gone to prison, as GW IV did.

The judge entered and upended the whole process by unilaterally deciding to remove the DP for Billy, then sentence Angela and Jake BEFORE they had completed the terms of their plea agreements. He just threw the whole 6 years of hearings and trial into chaos. Jake and Angela no longer have to testify against Billy. Why? Because the judge wanted to give Jake a big break on his sentence? Only he knows. I assume his anger at Prosecutor Canepa was because she disagreed with this plan.

Through 8 years of working on this case, Prosecutor Canepa has had no problems with others. Her behavior in court over the years has always been very professional. It seems the person who wrote the LTTE agreed.

So now, all of these cases are in chaos. Who knows what will happen? Probably lots of appeals, many more years in court. I suggest you read that letter at the link above. It explains it.

JMO, MOO, IANAL

 

[MTW2011]

The letter to the editor (LTTE) linked above explains some of the problem with the judge's decision to take the matter into his own hands and reduce the sentence for Jake; ditto for taking away the DP for Billy.

The prosecution of all 4 Wagners is nearly complete. The prosecution did a great job of putting the pieces together and negotiating plea agreements from Angela and Jake. George IV's trial showed the state had solid evidence and the testimony of Angie and Jake reinforced the evidence, resulting in a guilty verdict.

These 4 cases were in the final home stretch. Only Billy's case left to try; the evidence had stood up to challenges in court during GW IV's trial; Angela and Jake were ready to testify. All Judge Hein needed to do was make sure everything was organized and proceeding according to plan. Pre-tial hearings, trial, verdict, then final sentencing of the Wagners. Game set match. Had Billy been found innocent under the original prosecution plan, the court would have then finalized Jake and Angela's original sentences and they would have gone to prison, as GW IV did.

The judge entered and upended the whole process by unilaterally deciding to remove the DP for Billy, then sentence Angela and Jake BEFORE they had completed the terms of their plea agreements. He just threw the whole 6 years of hearings and trial into chaos. Jake and Angela no longer have to testify against Billy. Why? Because the judge wanted to give Jake a big break on his sentence? Only he knows. I assume his anger at Prosecutor Canepa was because she disagreed with this plan.

Through 8 years of working on this case, Prosecutor Canepa has had no problems with others. Her behavior in court over the years has always been very professional. It seems the person who wrote the LTTE agreed.

So now, all of these cases are in chaos. Who knows what will happen? Probably lots of appeals, many more years in court. I suggest you read that letter at the link above. It explains it.

JMO, MOO, IANAL

I’m the one who posted the letter, so thanks I did read it

That’s good that Canepa has been respectful and heaved well all these other years during the case with other judges, but that does nothing to explain her repeatedly interrupting and talking over this Judge, her not filing written things as he requested; the list could go on. Most of those other judges didn’t challenge her in this way - not in her filings and not openly in court. I’m sorry but visibly packing up your stuff and getting ready to leave while the hearing is still going on isn’t a good look - no matter which side it’s coming from. Interrupting a judge after being asked to stop doing that is also not a good look. Perhaps her feelings got the best of her that day, I certainly think they did. And if you know the Judge is already frustrated with you, respectfully I’d submit that doing such things is NOT going to help anything. I’m not some anti-Canepa or anti-prosecution person but I like to hold both sides to the same standards. If the defense was packing up their things and getting ready to head towards the door while the judge was still speaking I’m sure we’d hear an earful about how disrespectful and unprofessional that is. (And practically speaking, the hearing wasn’t over and she didn’t leave, so what’s the “point” in even packing up them? It just looks like her feelings got the best of her).

And, sure, the same could be said for the Judge. We shall see if the State was correct in claiming that he had no legal authority to do any of what he did, im not sure if/when we will find that out but im curious to see what comes of it.

 

[Seattle1]

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

Nov 28, 2024

As for Billy Wagner, his trial is scheduled to start in January.

According to the Pike County Court website and court documents, presiding judge Jonathan Hein dismissed the death penalty specifications that were filed in the case against Billy Wagner, meaning if convicted, he would not face the death penalty.

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.

Prosecutors already planned on removing the death penalty from consideration, because of testimony from Billy's son Jake. The judge wrote that prosecutors took too long in Billy's case, with just six weeks until his trial is set to begin.

Extremely unpopular opinion of mine but the Judge didn’t dismiss the death penalty “just” because he was frustrated with the prosecution, as this letter seems to allege. Maybe that played a role, we don’t know; but im sure many will now write letters sharing similar displeasure over this Judge’s decision.

^^rsbm

The Editorial is paywalled for me but I suspect Ohio law also played a role in the Judge's decision to dismiss the DP specifications this close to the trial date/voir dire.

A Prosecutor’s Perspective on the Death Penalty

www.ohiobar.org

Under Ohio law, a defendant indicted for a capital offense (and death penalty specifications) is provided "super due process" that extends to voir dire where jury selection was anticipated about January 6, 2025. In other words, the Court's actions here dismissing the DP specifications likely had a legitimate basis albeit Hein's "ambush" announcement was absolutely questionable!

This ruling is currently pending appeal by the prosecution but I do expect the decision will be in favor of the trial court. MOO

 

[Seattle1]

Does this mean Canepa filed another Affidavit of Disqualification for Judge Hein on 01/02/2025? Or is it an entry for the denial by the Supreme Court?

If it is a new affidavit that would be very interesting, if so does anyone have a copy of it?

Twice filed and twice denied.

Jan 3, 2025 - WCPO/News9

Prosecutors filed a request on December 10 and again on December 30 asking the Supreme Court of Ohio to try to disqualify Judge Jonathan Hein from the Pike County cases, as prosecutors protested Hein scheduling the sentencings.

Both requests were denied, paving the way for sentencing to continue as scheduled.

 

[Betty P]

Twice filed and twice denied.

Jan 3, 2025 - WCPO/News9

Prosecutors filed a request on December 10 and again on December 30 asking the Supreme Court of Ohio to try to disqualify Judge Jonathan Hein from the Pike County cases, as prosecutors protested Hein scheduling the sentencings.

Both requests were denied, paving the way for sentencing to continue as scheduled.

It’s Ohio is all I can say. Ohio Supreme Court has a reputation. That’s all I’ll say except that some of them are very new in their jobs. I assume a judge has to do something really egregious, like murder, to remove them from their job.

The removal of the DP was unnecessary. Part of Jakes plea agreement was that none of his family would face the death penalty. Billy wasn’t going to face that. I’m not sure what this judge is trying to do, but I have a feeling this will continue. JMO and IANAL, but these cases are getting very tangled up. There have been quite a lot of defendants some whose cases have been negotiated through plea deals that were a little complex. The judge may not have understood all the complexities and made some unnecessary changes. None of that is the fault of the prosecution. They're bystanders at this point because Judge Hein is making all these changes unilaterally. Who knows what he’s going to do next, but I doubt he’ll admit he’s having trouble managing this.