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OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #50
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Did I just see her walk by with an officer in the hallway at the back of the courtroom?
Ok, she's walking in the courtroom now. Sitting at defense table
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Thanks Betty this is great!
Sound isn't on yet, but prob will be soon. AC is there.
TheRevWells
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what is stopping Rita from getting up and walking out of the courtroom? seems to be empty with only her there right now
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- Yah thankx, I saw her and Junk walking in....
bowler
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Fear of her anklet maybe ...
I'm a tad nervous, hope she is scared... She should of stopped all this!
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Everyone is coming into the courtroom now, sound is on.
Judge is speaking, usual intros.
Five motions pending. First two about compelling discovery. Also motion for change of venue, motion to dismiss and motion to revoke bond.
Something about a conflict of interest having an employee of Pike County present in GJ proceedings. Employee was just a recorder, not part of the investigation and was sworn in like everyone else.
Judge doesn't want defense going on a fishing expedition for info about secret GJ proceedings. Court requires defense to provide evidence that someone was in the GJ who wasn't authorized. No need to question the Pike County recorder about that.
Having RN testify, sworn in. Defense is asking a question about whether there was a police officer in the GJ room. RN doesn't know who was supposed to be there or not. She says there was someone who looked like a policeman there. AC objects - says describe the person. RN says it was a guy who had on a dark blue uniform. Didn't know if he had a gun. RN using a white board to illustrate where this person was.
Junk cross examining. RN says she didn't know who is supposed to be in a GJ room. Person just stood there, didn't talk or ask questions. Was there when she came and left. Pretty sure or 100% sure he was wearing a uniform. She gets testy with Junk. Person didn't say anything to anyone in GJ room.
Video feed off as judge confers w/ attorneys
Judge is speaking, usual intros.
Five motions pending. First two about compelling discovery. Also motion for change of venue, motion to dismiss and motion to revoke bond.
Something about a conflict of interest having an employee of Pike County present in GJ proceedings. Employee was just a recorder, not part of the investigation and was sworn in like everyone else.
Judge doesn't want defense going on a fishing expedition for info about secret GJ proceedings. Court requires defense to provide evidence that someone was in the GJ who wasn't authorized. No need to question the Pike County recorder about that.
Having RN testify, sworn in. Defense is asking a question about whether there was a police officer in the GJ room. RN doesn't know who was supposed to be there or not. She says there was someone who looked like a policeman there. AC objects - says describe the person. RN says it was a guy who had on a dark blue uniform. Didn't know if he had a gun. RN using a white board to illustrate where this person was.
Junk cross examining. RN says she didn't know who is supposed to be in a GJ room. Person just stood there, didn't talk or ask questions. Was there when she came and left. Pretty sure or 100% sure he was wearing a uniform. She gets testy with Junk. Person didn't say anything to anyone in GJ room.
Video feed off as judge confers w/ attorneys
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bowler
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Do GJ have a guard inside? Mouthy isn't she for situation?
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Hope the video feed comes back on again when they're done conferring.
Switched channels. Video on WKRC
Swearing the Pike County court recorder. She says she was sworn in by a judge at the beginning of the GJ
Judge to decide whether to send grandma back to jail in Pike Co. massacre
Defense asking her if she saw anyone standing in the corner who was a police officer. She said no. She knows the police officers, would know them, but they weren't there.
Switched channels. Video on WKRC
Swearing the Pike County court recorder. She says she was sworn in by a judge at the beginning of the GJ
Judge to decide whether to send grandma back to jail in Pike Co. massacre
Defense asking her if she saw anyone standing in the corner who was a police officer. She said no. She knows the police officers, would know them, but they weren't there.
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Court recorder testimony: She records with the laptop. She doesn't remove recorded info, another person does. Judge says this is beyond the scope.
Computer belongs to GJ, someone picked up the laptop from the GJ, and typed it up. The defense seems to be implying some mystery man somehow got hold of the recording and altered it in some way. Real CT stuff
He's trying to discredit the GJ testimony by RN.
Cross exam by Junk now. Junk has guard officers presently in courtroom step forward. Asks court recorder if anyone with their uniforms were in the room. She said no, nor was anyone in the room who looked like a BCI agent.
Gerlach again. Recorder only makes notes about who was speaking in testimony, not a list of who all was present.
Junk again. Recorder says RN's diagram is wrong. People were sitting in different places than where she drew. She's drawing her own diagram. It's conference room/break room/kitchen.
Judge Deering overrules the motion, doesn't see any irregularities or anything sufficient to show problems.
Computer belongs to GJ, someone picked up the laptop from the GJ, and typed it up. The defense seems to be implying some mystery man somehow got hold of the recording and altered it in some way. Real CT stuff
He's trying to discredit the GJ testimony by RN.Cross exam by Junk now. Junk has guard officers presently in courtroom step forward. Asks court recorder if anyone with their uniforms were in the room. She said no, nor was anyone in the room who looked like a BCI agent.
Gerlach again. Recorder only makes notes about who was speaking in testimony, not a list of who all was present.
Junk again. Recorder says RN's diagram is wrong. People were sitting in different places than where she drew. She's drawing her own diagram. It's conference room/break room/kitchen.
Judge Deering overrules the motion, doesn't see any irregularities or anything sufficient to show problems.
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Defense asking for transcript and complete copy of recording.
Judge reads criminal rule that applies. Asks for any evidence. Defense has none. AC replies thinks they have been compliant with rules of discovery. Testimony has to be relevant and prosecution has to be using it in trial. Neither rule applies in this case. Defense not stating that there's anything relevant in the testimony, just guessing there may be. Testimony is unrelated to the crimes with with she has been charged. Rest of testimony the defense doesn't have is related to facts about the homicide. RN is not being charged with anything related to homicide, only forgery.
Judge is going to let all the RN GJ testimony go to the defense counsel only. Counsel shall make no statements about this matter in public in court or to any source.
Defense wants "counsel only" restriction lifted on evidence related to handwriting analysis. Also want them to remove redactions.
Judge reads criminal rule that applies. Asks for any evidence. Defense has none. AC replies thinks they have been compliant with rules of discovery. Testimony has to be relevant and prosecution has to be using it in trial. Neither rule applies in this case. Defense not stating that there's anything relevant in the testimony, just guessing there may be. Testimony is unrelated to the crimes with with she has been charged. Rest of testimony the defense doesn't have is related to facts about the homicide. RN is not being charged with anything related to homicide, only forgery.
Judge is going to let all the RN GJ testimony go to the defense counsel only. Counsel shall make no statements about this matter in public in court or to any source.
Defense wants "counsel only" restriction lifted on evidence related to handwriting analysis. Also want them to remove redactions.
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Having an interruption, can't transcribe right now
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Ok, missed some, but it sounds like AC and all admitted they still haven't turned over all the evidence. Judge says to do it by a date in Oct. Now arguing about the Bill of Particulars. Says they didn't receive a supplemental request for info for a Bill of Particulars. All she sees is a motion to dismiss based on wrong county. They can't find the request for more info in the BOP. Asking for some address or something. Defense can't find their copy of the request.
Notation in May 1 journal entry that says defense stated they were satisfied with Bill of Particulars.
Moving to lack of venue motion now. Junk now quoting the law about jurisdictions. Judge says its premature to expect the prosecution to present its case right now. Will dismiss the motion. They can bring it up at trial.
Will they move on now to revoking RN's bail? They will go back into chambers to look at stuff. Asked for list of items and copies of everything in a plastic tub taken from AW's home labeled "Important Stuff". Says it contained documents, including guardian documents. Something was copied from a Texas web site about guardianship. Also some other hand-written documents. AC saying something about them meeting in June at BCI giving evidence about custody documents. He's talking about a search warrant with info related to the murder case. His client isn't charged with anything related to murder, so no need to give any more evidence related to the murders to him.
Judge says if he wants it, he should put it in a formal motion.
AC now discussing revoking RN's bond. Talking about "no contact" order. It's a lawful restriction according to case law. Engaging in pattern of corrupt activity included RN along with others, forgery was part of that enterprise, so the "no contact" order is very important.
Have audio recordings of jail calls. In first 3 months Nov - January 20 different phone calls where they talked about the fact that they're not allowed to talk to each other. 20 times. Who is Randa? Maybe Randy. Apparently person who relays messages. Later, calls where Randy answers, AW says to tell RN something. Another time they were on speakerphone talking to each other. Something about Robin Wagner. Another call, AW lied and said it was ok for her to talk to RN. Another phone call they refer to RN sending AW a letter.
In June, RN initiates conversation, starts asking where documents are, etc. AW tells RN not to testify against her. Asks Chris to reach Jake. Rita says she hopes she doesn't go to jail. AW gives RN buzzwords to use when she testifies that will help explain. Each asks to talk to the other at different times, when talking to someone else on phone. Very purposeful. AW saying let me tell you what my attorney said, discusses theories of the case that she can use in her trial.
Specifically talking about case strategy, what to say and not to say, whether or not to testify, even knowing they're not supposed to discuss this.
Wow.
Judge verifies those are recorded phone calls, AC provided recordings of the 13 specific phone calls and sent them to RN's defense. Also gave him summaries, per his request. Phone calls were lengthy. Defense trying to say it wasn't specific info. Defense hasn't listened to all the recordings yet.
AC asks Gerlach do you dispute that any of the evidence sent to them were in violation of the court order. Defense doesn't want to say. He says he hasn't listened to the recordings, so doesn't know if there is proof they violated the order. AC says she can play some of them today.
Notation in May 1 journal entry that says defense stated they were satisfied with Bill of Particulars.
Moving to lack of venue motion now. Junk now quoting the law about jurisdictions. Judge says its premature to expect the prosecution to present its case right now. Will dismiss the motion. They can bring it up at trial.
Will they move on now to revoking RN's bail? They will go back into chambers to look at stuff. Asked for list of items and copies of everything in a plastic tub taken from AW's home labeled "Important Stuff". Says it contained documents, including guardian documents. Something was copied from a Texas web site about guardianship. Also some other hand-written documents. AC saying something about them meeting in June at BCI giving evidence about custody documents. He's talking about a search warrant with info related to the murder case. His client isn't charged with anything related to murder, so no need to give any more evidence related to the murders to him.
Judge says if he wants it, he should put it in a formal motion.
AC now discussing revoking RN's bond. Talking about "no contact" order. It's a lawful restriction according to case law. Engaging in pattern of corrupt activity included RN along with others, forgery was part of that enterprise, so the "no contact" order is very important.
Have audio recordings of jail calls. In first 3 months Nov - January 20 different phone calls where they talked about the fact that they're not allowed to talk to each other. 20 times. Who is Randa? Maybe Randy. Apparently person who relays messages. Later, calls where Randy answers, AW says to tell RN something. Another time they were on speakerphone talking to each other. Something about Robin Wagner. Another call, AW lied and said it was ok for her to talk to RN. Another phone call they refer to RN sending AW a letter.
In June, RN initiates conversation, starts asking where documents are, etc. AW tells RN not to testify against her. Asks Chris to reach Jake. Rita says she hopes she doesn't go to jail. AW gives RN buzzwords to use when she testifies that will help explain. Each asks to talk to the other at different times, when talking to someone else on phone. Very purposeful. AW saying let me tell you what my attorney said, discusses theories of the case that she can use in her trial.
Specifically talking about case strategy, what to say and not to say, whether or not to testify, even knowing they're not supposed to discuss this.
Wow.
Judge verifies those are recorded phone calls, AC provided recordings of the 13 specific phone calls and sent them to RN's defense. Also gave him summaries, per his request. Phone calls were lengthy. Defense trying to say it wasn't specific info. Defense hasn't listened to all the recordings yet.
AC asks Gerlach do you dispute that any of the evidence sent to them were in violation of the court order. Defense doesn't want to say. He says he hasn't listened to the recordings, so doesn't know if there is proof they violated the order. AC says she can play some of them today.
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AC getting ready to play recordings of the phone conversations after a 10 minute recess.
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Sorry, had a lot of interruptions during this hearing.
Stay tuned, everyone. They'll be back from recess in a few minutes and AC will play recordings of AW and RN's incriminating phone conversations. The ones RN's defense attorney says he was too busy to listen to.
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