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

[Covert Operative]

I have the impression that the judge is trying to force the State to accept some awful plea deal that he cooked up. It's probably something egregious like reducing Billy's charges to a few misdemeanors. Judge Hein may be the first judge I've seen who tries to play the role of judge, prosecutor and jury.

In the end, he will have drawn out Billy's trial much longer than it would have been if they just moved ahead with Judge Deering. Much more expensive, too.

IF Billy's trial is allowed to proceed normally with evidence from Jake and Angela's testimony from George's trial allowed, the change of venue won't matter. Nothing changes the horror of the Rhoden/Gilley Massacre and the collective hubris and arrogance of the Wagner family.

ICBW, JMO

Judge, prosecutor and jury is a very good description of him.

 

[Covert Operative]

I have the impression that the judge is trying to force the State to accept some awful plea deal that he cooked up. It's probably something egregious like reducing Billy's charges to a few misdemeanors. Judge Hein may be the first judge I've seen who tries to play the role of judge, prosecutor and jury.

In the end, he will have drawn out Billy's trial much longer than it would have been if they just moved ahead with Judge Deering. Much more expensive, too.

IF Billy's trial is allowed to proceed normally with evidence from Jake and Angela's testimony from George's trial allowed, the change of venue won't matter. Nothing changes the horror of the Rhoden/Gilley Massacre and the collective hubris and arrogance of the Wagner family.

ICBW, JMO

He also plays the role of Billy's defense attorney really well.

 

[Seattle1]

Iirc, 1/6/2025, was the date BW3's trial to begin. BW3's request for change of venue was granted, but location is still undetermined. Why?

Per the docket, the trial date of Jan 6, 2025 dates back to March 12, 2024 by Judge Junk following the defendant's request through counsel to waive his right to speedy trial, and grant defendant's Motion to continue trial date.

Per local 12, WKRC-TV, it seems the location of Billy's trial could be left to the Supreme Court. Given the opposition over Hein's ruling to grant a change in venue, leaving the location to the higher court makes sense to me. Also, a Victim just filed an appeal to the venue change on Jan 3 -- citing a violation of their civil rights, so this probably has to be heard before the venue decided. JMO

1.8K views | Judge rules on change of venue motion in Billy Wagner trial | A visiting judge has granted the defense's motion to move Billy Wagner's trial out of Pike County. Billy Wagner faces murder and other charges in the... | By LOCAL 12, WKRC-T

A visiting judge has granted the defense's motion to move Billy Wagner's trial out of Pike County. Billy Wagner faces murder and other charges in the...

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[tuesdaysgone]

So Judge Hein was retired, were there no sitting judges active to preside over BW's case? Why give it to a retired judge, lack of personnel? I know the justice system is clogged with cases but the Rhoden/Gilley Family murders are and will always be an extremely high-profile case. Did nobody active want BW's case? If this judge is known for such leniency with violent offenders that he's earned a nickname for it, they would seem such an obvious stay-away-from choice when trying an 8 homicide premeditated massacre assailant. Do you know, who in the State decided to give him the case? TIA if you know.

6/6/24 Docket update: Certificate of Assignment: Jonathan P. Hein, a retired Judge of the Darke County Court of Common Pleas, general & Domestic relations Div. is assigned effective 6/4/2 to preside in the Pike County Common Pleas to hear case

The previous judge retired. I’m not entirely sure who is responsible for the case assignments in Ohio. I have read on several forums that instead of transferring cases to current judges they have been selecting retired judges to preside.

His leniency and views are known and often talked about on other cases. I don’t understand why this particular judge was assigned to this case but it was intentional.

Ohio Supreme Court Justice Sharon Kennedy is responsible to keeping judge Hein on this case. She was denied two requests to remove him from this case.

 

[tuesdaysgone]

From what I can tell, since his January 6th trial date has come and gone, the late filing for a change of venue granted by Judge Hein has put a stop to his trial once again. The State is appealinging the change of venue.

What I don't understand is didn't Judge Deering already rule against a change of venue long ago?

It really baffles me that Judge Hein was frustrated enough with the prosecution that he stated -they ran out of time! Yet, here we are no trial & a change of venue that is bound to keep the clock running….

 

[Seattle1]

The last ruling was Hein's ruling on venue. Just like it was his ruling on DP and sentencing. Corbin stated that they would try to seat a jury in Pike county before another venue was considered. I posted Corbin's ruling for you. Corbin ruled in Nov 2023 which is after July 2023.
Again- if a fair and impartial jury cannot be secured, then these motions can be renewed. That is after they have tried to seat a jury in Pike County.

[td]1/20/2023[/td][td]JUDGMENT ENTRY -- THE COURT FINDS AND ORDERS THAT THE DEFENDANT'S MOTION FOR CHANGE OF VENUE AND HIS AMENDED MOTION FOR CHANGE OF VENUE ARE HEREBY DENIED AND OVERRULED, WITHOUT PREJUDICE; THESE MOTIONS ARE DENIED WITHOUT PREJUDICE IN ORDER THAT SHOULD VOIR DIRE REVEAL THAT A FAIR AND IMPARTIAL JURY CANNOT BE SECURED, THEN THESE MOTIONS FOR CHANGE OF VENUE CAN BE RENEWED BY THE DEFENDANT AND GRANTED AS APPROPRIATE COPIES FILED EMAILED TO ALL COUNSEL OF RECORD[/td]

The Court has discretion here and does not have to go through the time and expense to issue juror questionnaires and conduct voir dire only to fail before granting a change in venue when there's other evidence to support the jury pool is tainted.

For example, and to put the Pike County jury pool in perspective, the initial jury pool in Sept 2022 for GW4 was more than 200 prospects, and this count was whittled down to 70 by individual questioning required in a death penalty case in Ohio during the month before. Already there are more than a dozen from the pool disqualified today...

More important, in Ohio, a claim that a jury was not impartial can be a valid ground for appeal, as it is considered a violation of a defendant's constitutional right to a fair trial under both the Ohio Constitution and the Sixth Amendment of the U.S. Constitution; if a party can demonstrate that a juror exhibited actual bias or that the jury selection process was flawed, leading to a non-impartial jury, it could be grounds for appeal.

Section 2313.15 - Ohio Revised Code | Ohio Laws
State v. Morlan, 2024-Ohio-5296.
2022 Pike County Jury Pool

 

[joe jones]

From what I can tell, since his January 6th trial date has come and gone, the late filing for a change of venue granted by Judge Hein has put a stop to his trial once again. The State is appealinging the change of venue.

What I don't understand is didn't Judge Deering already rule against a change of venue long ago?

They are waiting to find out if the Supreme Court allows the state to have DP as a possible sentence, once that ruling has come down Judge Hein wants the case to proceed very fast to trial, and he should have an idea of where trial will be held by then

 

[joe jones]

Anybody know where I can re read any of AW and JW testimony from GW trial,

I want to see what state will lose if neither testify at BW trial,
There is less evidence against BW than GW and state will need either AW or JW to testify

 

[Covert Operative]

The Court has discretion here and does not have to go through the time and expense to issue juror questionnaires and conduct voir dire only to fail before granting a change in venue when there's other evidence to support the jury pool is tainted.

For example, and to put the Pike County jury pool in perspective, the initial jury pool in Sept 2022 for GW4 was more than 200 prospects, and this count was whittled down to 70 by individual questioning required in a death penalty case in Ohio during the month before. Already there are more than a dozen from the pool disqualified today...

More important, in Ohio, a claim that a jury was not impartial can be a valid ground for appeal, as it is considered a violation of a defendant's constitutional right to a fair trial under both the Ohio Constitution and the Sixth Amendment of the U.S. Constitution; if a party can demonstrate that a juror exhibited actual bias or that the jury selection process was flawed, leading to a non-impartial jury, it could be grounds for appeal.

Section 2313.15 - Ohio Revised Code | Ohio Laws
State v. Morlan, 2024-Ohio-5296.
2022 Pike County Jury Pool

Yes I know all that, Canepa presented evidence to the judge and filings that it may be possible to seat a jury in Pike County and that is why Corbin ruled that they would try to seat one before considering a change of venue. Not sure if you watched the pretrial where she presented this or read her filing where she provided her evidence. I think we are on two different chapters in the same book.

 

[Covert Operative]

They are waiting to find out if the Supreme Court allows the state to have DP as a possible sentence, once that ruling has come down Judge Hein wants the case to proceed very fast to trial, and he should have an idea of where trial will be held by then

They also have to wait on a ruling from the appeals court on the change of venue as well as the DP ruling from the appeals court. He said in a filing that he already has the venue but did not announce it back at that time as not to bring attention to that county.
That may not be the same venue that he will be able to have once the rulings come through, unless that venue can then accomodate a different time frame than had been agreed on before.

 

[Covert Operative]

Anybody know where I can re read any of AW and JW testimony from GW trial,

I want to see what state will lose if neither testify at BW trial,
There is less evidence against BW than GW and state will need either AW or JW to testify

I have never been able to find Angela's transcripts but if you go on scribd you can find Jake's. If you cant find it let me know and I will try to link it for you here.

 

[Covert Operative]

It really baffles me that Judge Hein was frustrated enough with the prosecution that he stated -they ran out of time! Yet, here we are no trial & a change of venue that is bound to keep the clock running….

Yes "they" ran out of time to make a DP deal with Billy, who refused to make a deal. They can't force him to agree. Since Billy refused, the judge was nice enough to remove the DP for him and reward him. I am not sure that if the DP were to be reinstated it would help that much. I feel that most probably do not think this judge will would impose the DP anyway.

There is a request for oral arguments on the venue change with the appeals court and a request from the defense for oral arguments on the DP with the appeals court. I am not sure if the appeals court always grants oral arguments or they just decided some cases from filings.

 

[Covert Operative]

Anybody know where I can re read any of AW and JW testimony from GW trial,

I want to see what state will lose if neither testify at BW trial,
There is less evidence against BW than GW and state will need either AW or JW to testify

I am not sure they would lose but their case will be a lot harder. This is the link to Jake's testimony. It is 1077 pages. https://www.scribd.com/document/686257537/Jake-Wagner-Court-Docs-Hearing-Excerpts

You can find a lot about Angela's testimony in different articles but its bits and pieces here and there and a lot of searching. Her testimony was significant against Billy I thought, but not to the level of Jakes's testimony.

 

[Covert Operative]

Victim T.R. is asking the appeals court for oral arguments the end of March and a decision by April 18th on venue change. I am not sure if the appeals court always grants oral arguments.

 

[MTW2011]

Victim T.R. is asking the appeals court for oral arguments the end of March and a decision by April 18th on venue change. I am not sure if the appeals court always grants oral arguments.

Hi, could you please share how one is able to view these documents online? I appreciate you attaching them but I am curious about trying to see/access others from the case in the future. On the court website I don’t see an option to view/download the actual document(s) associated with each docket entry. Thank you in advance

 

[Cool Cats]

From what I can tell, since his January 6th trial date has come and gone, the late filing for a change of venue granted by Judge Hein has put a stop to his trial once again. The State is appealinging the change of venue.

What I don't understand is didn't Judge Deering already rule against a change of venue long ago?

He ruled against moving George's trial out of Pike.

Billy's will move out of Pike. Tough drive for family.

 

[Covert Operative]

Hi, could you please share how one is able to view these documents online? I appreciate you attaching them but I am curious about trying to see/access others from the case in the future. On the court website I don’t see an option to view/download the actual document(s) associated with each docket entry. Thank you in advance

Unfortunately, there is not a link to view them online.

 

[Seattle1]

Victim T.R. is asking the appeals court for oral arguments the end of March and a decision by April 18th on venue change. I am not sure if the appeals court always grants oral arguments.

Thank you for uploading the docs!

If the appeal isn't dismissed, I believe oral arguments in Ohio are required recorded and public record. They are very short.

 

[Betty P]

How soon before we learn whether Jake and Angela will be required to testify against Billy? I assume that will come up in pretrial. I don't see how the judge can start Billy's trial quickly. There are a few major problems to be dealt with before trial can begin.

Also noting that many details of both Jake and Angela's testimony against George are also in the legitimate news media. Much of it is relevant to Billy's participation in the murders. It will be difficult to legally refuse Billy's jury access to that evidence, though I suspect the defense and the judge will try.

 

[Covert Operative]

How soon before we learn whether Jake and Angela will be required to testify against Billy? I assume that will come up in pretrial. I don't see how the judge can start Billy's trial quickly. There are a few major problems to be dealt with before trial can begin.

Also noting that many details of both Jake and Angela's testimony against George are also in the legitimate news media. Much of it is relevant to Billy's participation in the murders. It will be difficult to legally refuse Billy's jury access to that evidence, though I suspect the defense and the judge will try.

I don't think they can be required to testify in Billy's case. I guess we will learn if they choose to testify in his case very near to trial or during trial. Since they have been sentenced there is no recourse to make them testify. Their DP cannot be reinstated in their case if they don't.

The judge knew this when he sentenced them but chose to do so anyway. It may be why he was so eager to go ahead and sentence them. There was no legal reason that forced him to sentence them before Billy's trial just like there is no legal reason that required him to drop the DP for Billy. Like you said, Judge, Prosecutor and Jury. He also is a good defense lawyer for Billy.