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

[Covert Operative]

This is September.

On November 13th 2018 a big thing occurred - 6 arrested .... 4 charged with murder; 2 charged with cover-up for the Rhoden family and Hannah Gilley murders.

In just a couple months it will be 7 years since this arrest. Billy has been stuck behind bars in jail for 7 years without a trial.

No wonder he tried to overturn his Speedy Trial thing. He gave up, in court, his Speedy Trial Rights, most likely at the behest of his attorneys. So years later he, in his hand writing, tried to circumvent his attorneys by writing his own Motion to take back his right to have a Speedy Trial.

I can see why he did that. It was a grave mistake in my opinion that he surrendered his Speedy Trial Rights. Had he gone to trial BEFORE Jake and Angela confessed and agreed to testify, well the jury might have thought there was not enough reasonable doubt to convict him on such heavy charges.

Am I the only one who wonders about this?

2 Cents and here is his Motion.....

Billy Wagner files his own motion in prison handwriting, demands speedy trial

One of the accused murderers in the Rhoden slaying has filed his own court motion behind prison bars. Billy Wagner, the patriarch of the Wagner family filed the one page motion with the Pike County…

sciotovalleyguardian.com

View attachment 614422

I bet he wishes many times he had went on with the speedy trial before they confessed. I am not sure now that they will testify and if not that their testimony can be used in his trial so it may put him right back where he was before they confessed.

I feel there will be some way to get their testimony from George's trial into Billy's trial unless it is up to the judge. In that case I doubt he would let it come in if there is any way he can prevent it.

 

[Covert Operative]

Here's my notes on that:

9/7/23 Update: Plaintiffs' Notice of Voluntary Dismissal of Plaintiffs' Complaint as to all Defendants Without Prejudice filed by Brian K. Duncan & Adam lee Newmann.

It looks like it was dismissed without prejudice - so I believe he can file again if he wants.

I wonder if there is a timeframe that you have to refile a civil case?

 

[WithstandingHybrid]

It did not get the national coverage that it should have in my opinion, compared to other cases.

I’m from Columbus and I cannot believe how little coverage this case gets, even in Ohio. It was all over the news when the news broke and rumors of drugs/cartels. Once the Wagners were arrested it was almost as if the media was disappointed that it wasn’t drug related. Two “hillbilly” families? Who cares.

 

[Cool Cats]

I bet he wishes many times he had went on with the speedy trial before they confessed. I am not sure now that they will testify and if not that their testimony can be used in his trial so it may put him right back where he was before they confessed.

I feel there will be some way to get their testimony from George's trial into Billy's trial unless it is up to the judge. In that case I doubt he would let it come in if there is any way he can prevent it.

This is serious. If J & A's testimony gets squashed the jury could have some doubt. However, to be honest, it is likely that many jury members were exposed to knowing something about J & As testimony.

It would be hard to let him go, in my opinion, if the jury is influenced by their testimony. Realistically, their testimony is just one click away and easy to find just by typing in their names.

I believe the jury will be fair and impartial with no bias but only to a point .... because of the aggravating factors, the heinous nature of this sickening crime, young mothers, babies, the photos of the victims. Wish I had not seen the photo of Frankie. Haunting.

2 Cents

 

[Betty P]

I bet he wishes many times he had went on with the speedy trial before they confessed. I am not sure now that they will testify and if not that their testimony can be used in his trial so it may put him right back where he was before they confessed.

I feel there will be some way to get their testimony from George's trial into Billy's trial unless it is up to the judge. In that case I doubt he would let it come in if there is any way he can prevent it.

I read in one of the recent Ohio news media articles that the previous trial transcript of the testimony of Jake and Angela can still be submitted as evidence. The judge (whomever that might be) will have a difficult time refusing the prosecution on that.

I also wonder if the long waiting period for appeals will result in Judge Hein permanently retiring. They may need to find another judge before this is over. Just speculation. I don't think Billy's (and his mother's) attorneys have quite as much control over the outcome as they believe. JMO

 

[joe jones]

I read in one of the recent Ohio news media articles that the previous trial transcript of the testimony of Jake and Angela can still be submitted as evidence. The judge (whomever that might be) will have a difficult time refusing the prosecution on that.

I also wonder if the long waiting period for appeals will result in Judge Hein permanently retiring. They may need to find another judge before this is over. Just speculation. I don't think Billy's (and his mother's) attorneys have quite as much control over the outcome as they believe. JMO

I don't think it would be allowed as BW won't be able to cross examine him, under normal circumstances but JW got a sweetheart deal so the state could argue he testified under oath, his initial deal was predicated on his telling the truth. If he now wished to say he lied under oath and he doesn't stand by his testimony then all deals are off DP back on table
May make him think again. and get him in court to testify again,

 

[joe jones]

Well there's still not trial date set, just in limbo until these appeals from the State are heard...or turned down. When will it be decided which it will be?

Has there been any movement on the state appeals?

 

[Niner]

Has there been any movement on the state appeals?

Not that I have seen.... the docket's last entry is in June.

 

[Betty P]

I don't think it would be allowed as BW won't be able to cross examine him, under normal circumstances but JW got a sweetheart deal so the state could argue he testified under oath, his initial deal was predicated on his telling the truth. If he now wished to say he lied under oath and he doesn't stand by his testimony then all deals are off DP back on table
May make him think again. and get him in court to testify again,

I think the written testimony from the previous trial can be admitted with instructions to the jury. Like you, IANAL, so we’ll have to see. One of the appeals has been turned down by the Ohio SC. Not a surprise as the majority of the judges there have zero experience as judges, prosecutors or trial attorneys. Their main qualification is not related to criminal law.

 

[Betty P]

Has there been any movement on the state appeals?

Not lately. It's an iffy proposition due to the makeup of the Ohio SC majority. Most have zero experience in prosecution or criminal law. Most have no prior judicial or trial experience.

That said, I think the state can still convict Billy W. The problem might be in getting the state general assembly to come up with the money to try him. It's not a budget priority to them.

It would be shocking to see Ohio dragged through the mud for allowing a mass murderer to go free just because the state had a nutty judge and refused to pay for a trial, but it could happen.

 

[sunshineray]

Has there been any movement on the state appeals?

I just looked on the Ohio SC website, at the Calendar for Oral Arguments and it's not listed on through to Dec 10 (the last entry).

Has the Ohio State SC even said they will hear the appeal?

Oral Argument Calendar » Supreme Court of Ohio

Each side is allowed 15 minutes for oral argument unless otherwise noted. Court convenes promptly at 9 a.m.

www.supremecourt.ohio.gov

 

[Betty P]

I just looked on the Ohio SC website, at the Calendar for Oral Arguments and it's not listed on through to Dec 10 (the last entry).

Has the Ohio State SC even said they will hear the appeal?

Oral Argument Calendar » Supreme Court of Ohio

Each side is allowed 15 minutes for oral argument unless otherwise noted. Court convenes promptly at 9 a.m.

www.supremecourt.ohio.gov

Yeah, searched too, under Billy’s name. Nothing listed. They probably conferred with the governor on the timing. State doesn’t want to pay for the trial. Statewide elections are next year.