OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #50

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  • #481
I am so ready for something to happen in this case. Hopefully they revoke the bond. It's way past time that someone in this case has a penalty for wrongdoing. Wonder how her lawyer is fighting this? I think AC already stated it was multiple, lengthy conversations. There is no defense that I can see.

One defense brought up is she doesn't have Caller I.D. Well judge Deering said that when she answers the phone she can tell (Angela) that she can't talk to her. Simple. He's not buying the caller I.D. He said regarding bond it's serious and more so if they discussed the case.

"...Deering stated he takes very seriously any violations of the terms of Newcomb’s release, but added conversations between Newcomb and Wagner in which they discussed the case would exacerbate the situation..."
Improper phone conversations topic of hearing - Portsmouth Daily Times


Only defense I can think of is if all the conversations were about the health of Angela's grandma who Rita cares for, and conversations that are the unavoidable practical types. "Let so and so know this bill needs to be paid, how's my dog? These are the clothes he needs to bring for me, I need more money put in commissary, can you help me get a refill on my medications etc...."

I doubt this is what we will hear.
I'm guessing Angie's brother and sister-in-law are very busy these days.

...2 Cents...:cool:
 
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  • #482
One defense brought up is she doesn't have Caller I.D. Well judge Deering said that when she answers the phone she can tell (Angela) that she can't talk to her. Simple. He's not buying the caller I.D. He said regarding bond it's serious and more so if they discussed the case.

"...Deering stated he takes very seriously any violations of the terms of Newcomb’s release, but added conversations between Newcomb and Wagner in which they discussed the case would exacerbate the situation..."
Improper phone conversations topic of hearing - Portsmouth Daily Times


Only defense I can think of is if all the conversations were about the health of Angela's grandma who Rita cares for, and conversations that are the unavoidable practical types. "Let so and so know this bill needs to be paid, how's my dog? These are the clothes he needs to bring for me, I need more money put in commissary, can you help me get a refill on my medications etc...."

I doubt this is what we will hear.
I'm guessing Angie's brother and sister-in-law are very busy these days.

...2 Cents...:cool:
I just can't see any way to defend this. There is no legitimate reason for the conversations to have taken place. Takes zero words to hang up a phone. If it were things like clothing or a bill or anything else at all, her lawyer would have done it. Therefore, I'm left with things that couldn't be discussed with the lawyer or others. AW has nothing to lose. Was worth the risk that just maybe, no one was listening or recording. If they get busted, what has it cost AW? Nothing.
 
  • #483
I just can't see any way to defend this. There is no legitimate reason for the conversations to have taken place. Takes zero words to hang up a phone. If it were things like clothing or a bill or anything else at all, her lawyer would have done it. Therefore, I'm left with things that couldn't be discussed with the lawyer or others. AW has nothing to lose. Was worth the risk that just maybe, no one was listening or recording. If they get busted, what has it cost AW? Nothing.

I said the exact same thing, that Rita is the only one that has something to lose and that Angie is partly responsible for getting her mom thrown in jail, if that is what ends up happening.

This was filed against Angie because of the phone calls:
08/06/2019 MOTION TO SUSPEND PRIVILEGES FILED Attorney: ROBERT JUNK

But seriously, how many privileges can they take away? She will always be able to see and talk to her attorneys. I guess they can stop her from communicating with, and visiting with, anyone else. If they isolate her she can complain to the judge that it is interfering with her right to counsel. Judge Deering asks her if she gets to talk to her lawyers enough.

They actually have to be careful how they treat her in jail (V.I.P. status) or it could backfire on them...:confused:

They have to watch her more closely which takes more officers and costs more because she's high profile for aggravated murder and she's an escape risk.

"...You're very strict in dealing with those people," Lavender said, adding they are checked more often and take more attention... "
Construction woes have led to overtime, leaks at Ross County Jail (GW4's jail)

They have to give her a LOT of access to her attorneys...
They have to make sure NO ONE discusses her case with her...
They have to make sure she gets the right clothes for court. The clothes come through the jail and are searched and then transported to the courthouse.
They have to protect her from getting harmed by other inmates or it would likely come up at one of her court hearings. Imagine Angie coming to court with a black eye and it getting plastered all over the media etc...
They have to be extra careful to keep up her health over such a long period of time.
Imagine Angie not going to court because she didn't get medical care fast enough etc....Heads would roll...:eek:

...2 Cents...
 
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  • #484
I said the exact same thing, that Rita is the only one that has something to lose and that Angie is partly responsible for getting her mom thrown in jail, if that is what ends up happening.

This was filed against Angie because of the phone calls:
08/06/2019 MOTION TO SUSPEND PRIVILEGES FILED Attorney: ROBERT JUNK

But seriously, how many privileges can they take away? She will always be able to see and talk to her attorneys. I guess they can stop her from communicating with, and visiting with, anyone else. If they isolate her she can complain to the judge that it is interfering with her right to counsel. Judge Deering asks her if she gets to talk to her lawyers enough.

They actually have to be careful how they treat her in jail (V.I.P. status) or it could backfire on them...:confused:

They have to watch her more closely which takes more officers and costs more because she's high profile and an escape risk.
They have to give her a LOT of access to her attorneys...
They have to make sure NO ONE discusses her case with her...
They have to make sure she gets the right clothes for court. The clothes come through the jail and are searched and then transported to the courthouse.
They have to protect her from getting harmed by other inmates or it would likely come up at one of her court hearings. Imagine Angie coming to court with a black eye and it getting plastered all over the media etc...
They have to be extra careful to keep up her health over such a long period of time.
Imagine Angie not going to court because she didn't get medical care fast enough etc....Heads would roll...:eek:

...2 Cents...
These are all very good reasons I would be very bad at that job.
 
  • #485
Rita Newcomb needs to be put in jail, JMO
 
  • #486
I just can't see any way to defend this. There is no legitimate reason for the conversations to have taken place. Takes zero words to hang up a phone. If it were things like clothing or a bill or anything else at all, her lawyer would have done it. Therefore, I'm left with things that couldn't be discussed with the lawyer or others. AW has nothing to lose. Was worth the risk that just maybe, no one was listening or recording. If they get busted, what has it cost AW? Nothing.

IMO RN has been putting AW wants and needs before anyone or anything else for a lifetime now they are all paying the price for this enabling behavior on RN's part.
 
  • #487
Rita Newcomb needs to be put in jail, JMO
Agreed. Seems like common sense to me. I understand and agree that we all have rights. I also understand that the judge doesn't want to take any risk, appeals, complaints and all. I don't understand the complete disregard for laws and rules with no or slow consequences. This phone call issue wasn't a one time thing. Unless it was allowed to continue because valuable information was being said in those phone calls.
 
  • #488
Agreed. Seems like common sense to me. I understand and agree that we all have rights. I also understand that the judge doesn't want to take any risk, appeals, complaints and all. I don't understand the complete disregard for laws and rules with no or slow consequences. This phone call issue wasn't a one time thing. Unless it was allowed to continue because valuable information was being said in those phone calls.

Then that could be her defense....The jail knew of the phone calls but deliberately allowed them to continue...Enabling the situation. 2 Cents
 
  • #489
Then that could be her defense....The jail knew of the phone calls but deliberately allowed them to continue...Enabling the situation. 2 Cents

The jail wasn't the one told not to communicate. They were. Adults. They made the choice. Both of them. The responsibility lies with them only. I

See! This is why I don't do this job.
 
  • #490
Agreed. Seems like common sense to me. I understand and agree that we all have rights. I also understand that the judge doesn't want to take any risk, appeals, complaints and all. I don't understand the complete disregard for laws and rules with no or slow consequences. This phone call issue wasn't a one time thing. Unless it was allowed to continue because valuable information was being said in those phone calls.
 
  • #491
The jail wasn't the one told not to communicate. They were. Adults. They made the choice. Both of them. The responsibility lies with them only. I

See! This is why I don't do this job.

Yes this would be a poor defense (would make the jail look bad though) but her attorney's filed a Motion countering the prosecution's Motion to revoke bail and her attorneys have to "dig deep" and find reasons why her bail should not be revoked. I would really like to read what reasons they came up with..o_O
 
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  • #492
He
Yes this would be a poor defense (would make the jail look bad though) but her attorney's filed a Motion countering the prosecution's Motion to revoke bail and her attorneys have to "dig deep" and find reasons why her bail should not be revoked. I would really like to read what reasons they came up with..o_O
He had to, if RN attorney didn’t file that motion her case could have got threw out of court and he would have been sue for lack of representation, where he is court appointed, JMO
 
  • #493
He

He had to, if RN attorney didn’t file that motion her case could have got threw out of court and he would have been sue for lack of representation, where he is court appointed, JMO
I'm sure your right that it's standard procedure for the defense to file a

DEFENDANT'S MEMORANDUM CONTRA

Memorandum contra is an opposing party's explanation to the court of why the other
party's motion should be denied.

But she might not have a court appointed attorney.

The Wagner 4 all have this filed:

11/30/2018 INDIGENT APPLICATION FILED (Angela's)

The term “indigent” is used to describe a person who is too poor to afford to pay someone to help them. In the law, this would apply to someone who could not afford to hire a lawyer. If the court finds a person to be indigent, it will order legal aid to represent the person.

Since there is not one filed for Rita Newcomb she might have hired her own attorney, or more likely someone is paying for her attorney. She has family.
 
  • #494
Yes this would be a poor defense (would make the jail look bad though) but her attorney's filed a Motion countering the prosecution's Motion to revoke bail and her attorneys have to "dig deep" and find reasons why her bail should not be revoked. I would really like to read what reasons they came up with..o_O

IMO, "reasons" will just be more WHINING about having to take care of her mother and her farm and whatever else RN and her attorney have added to the list. Hogwash! She shouldn't break the law if she can't take the punishment. No sympathy from me. All JMO
 
  • #495
I'm sure your right that it's standard procedure for the defense to file a

DEFENDANT'S MEMORANDUM CONTRA

Memorandum contra is an opposing party's explanation to the court of why the other
party's motion should be denied.

But she might not have a court appointed attorney.

The Wagner 4 all have this filed:

11/30/2018 INDIGENT APPLICATION FILED (Angela's)

The term “indigent” is used to describe a person who is too poor to afford to pay someone to help them. In the law, this would apply to someone who could not afford to hire a lawyer. If the court finds a person to be indigent, it will order legal aid to represent the person.

Since there is not one filed for Rita Newcomb she might have hired her own attorney, or more likely someone is paying for her attorney. She has family.

Agree. RN's attorney is not court-appointed. He is being paid top dollar. He is a very expensive attorney in Portsmouth. JMO
 
  • #496
Then that could be her defense....The jail knew of the phone calls but deliberately allowed them to continue...Enabling the situation. 2 Cents

I have saw some of the Wagners past trials and judge Deering was the one that let them off on leant sentence, JMO I really think they need a new judge and and county prosecutors attorney, again JMO
 
  • #497
  • #498
Can anyone decipher this scant probate record for fudicary Rita Newcomb's status in July 2019? Thanks. And notice, she's still using the p o box at oak hill in this case. 2 different addresses in two court cases in two counties.
JMO

https://sciotocountycpcourt.org/eservices/search.page.7?x=4-q3mtqiTv1B-veyFNLEYA



    • Action: Estate - Full Administration (without will)
    • My opinion only
This is interesting as it is still an open case. Rita's ex-husband passed away without a Will and Angela is next of kin and is legally the executor /fudicary of her dad's estate. She gave up that right and appointed her mom as executor. Even though Angela was not in Alaska when this was filed July 10, 2018, the Kenai address is considered her last permanent address even though she had moved into her dad's house in South Webster Ohio.

Consent To Waive Bond/Angela Wagner
Motion To Waive Bond Receipt: 4390 Date: 07/17/2018


An estate bond is a safeguard to ensure that the executor faithfully legally complies with their duties as the administrator of the estate. The estate bond acts like an insurance policy. The executor purchases the bond from a company that will compensate the beneficiaries of the will for any negligent or intentional bad acts of the executor.

Angela trusted her mom and waived the estate bond.
The Medicaid Estate Recovery means that her dad likely owed some unpaid medical bills which is usually the case when there is an illness.

An appraiser was hired by the estate to appraise all the real property (land and permanent structures) and to appraise the property, it's called taking an inventory, which includes
all the items that belong with the property including any vehicles.

The attorney representing the estate didn't get paid and and had to file a claim for $1,436.88. He filed a Motion To Withdraw As Counsel and sent the estate a past due notice for his fees.

02/27/2019 Receipts and disbursements
07/31/2019 Receipts and disbursements


A Receipts and Disbursements document helps you notify parties of estate payments. Oftentimes, a court, or other interested party, will want a financial statement of the estate to to ensure it's being properly handled. A Receipts and Disbursements document helps you organize estate management information and relay it to others.

07/31/2019 Fiduciary's account
07/31/2019 Assets remaining in fiduciary's hands


Fiduciary Accounts
Estate accounts are fiduciary accounts (as are Trusts and Escrows) established to oversee the final distribution of estate assets. In this case, an executor oversees the financial activities and ensures that all final liabilities are cleared before distribution.

Assets:

This distribution, the assets, goes to the heirs --- which in this case is Angela Wagner --- who is the next of kin and thus the legal heir of her father's estate.

Rita can be paid for her work on the estate.
 
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  • #499


    • Action: Estate - Full Administration (without will)
    • My opinion only
This is interesting as it is still an open case. Rita's ex-husband passed away without a Will and Angela is next of kin and is legally the executor /fudicary of her dad's estate. She gave up that right and appointed her mom as executor. Even though Angela was not in Alaska when this was filed July 10, 2018, the Kenai address is considered her last permanent address even though she had moved into her dad's house in South Webster Ohio.

Consent To Waive Bond/Angela Wagner
Motion To Waive Bond Receipt: 4390 Date: 07/17/2018


An estate bond is a safeguard to ensure that the executor faithfully legally complies with their duties as the administrator of the estate. The estate bond acts like an insurance policy. The executor purchases the bond from a company that will compensate the beneficiaries of the will for any negligent or intentional bad acts of the executor.

Angela trusted her mom and waived the estate bond.
The Medicaid Estate Recovery means that her dad likely owed some unpaid medical bills which is usually the case when there is an illness.

An appraiser was hired by the estate to appraise all the real property (land and permanent structures) and to appraise the property, it's called taking an inventory, which includes
all the items that belong with the property including any vehicles.

The attorney representing the estate didn't get paid and and had to file a claim for $1,436.88. He filed a Motion To Withdraw As Counsel and sent the estate a past due notice for his fees.

02/27/2019 Receipts and disbursements
07/31/2019 Receipts and disbursements


A Receipts and Disbursements document helps you notify parties of estate payments. Oftentimes, a court, or other interested party, will want a financial statement of the estate to to ensure it's being properly handled. A Receipts and Disbursements document helps you organize estate management information and relay it to others.

07/31/2019 Fiduciary's account
07/31/2019 Assets remaining in fiduciary's hands


Fiduciary Accounts
Estate accounts are fiduciary accounts (as are Trusts and Escrows) established to oversee the final distribution of estate assets. In this case, an executor oversees the financial activities and ensures that all final liabilities are cleared before distribution.

Assets:

This distribution, the assets, goes to the heirs --- which in this case is Angela Wagner --- who is the next of kin and thus the legal heir of her father's estate.

Rita can be paid for her work on the estate.
Thanks CC, this is great research.
The only thing I can think of is that maybe AW didn't want her whereabouts known as of 7/2018. That was the month the Grand Jury met. If her whereabouts were unknown, she couldn't be served with a subpoena to appear before the Grand Jury.
Perhaps she thought the W4 might settle quietly and anonymously in Montana or Missouri?
 
  • #500
I have saw some of the Wagners past trials and judge Deering was the one that let them off on leant sentence, JMO I really think they need a new judge and and county prosecutors attorney, again JMO
I saw that too. But prosecution probably made deals. The judge usually goes with prosecutors recommendations unless it goes against law. I'm sure Judge Deering knows that he had them before him for felonies (BW and AW).
I would imagine that doesn't sit well with him as they became killers. Only MOO
 
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