OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

[Puzzles8]

Jmo Gerlach stated in his filings the state has a expert that stated Rita didn’t sign the papers? If true this is not good jmo

But she did notarize them.....

 

[Cool Cats]

Didn't the Defense just supply new discovery on 11/13?

11/13/2019 DEFEDANT RITA JO NEWCOMB'S FIRST SUPPLEMENTAL RESPONSE TO STATE'S REQUEST FOR DISCOVERY FILED COPIES FILED RETD TO COUNSEL

There should have been a deadline for discovery (if there wasn't) OR the Judge should disallow that discovery OR reschedule trial.

I think it's the fault of the defense and not the state.

Right, the prosecution got the documents yesterday, the 13th, but are saying that's too late. Not enough time before trial to go over them. 4 days is not enough.

I get the impression the Judge is not enforcing strict deadlines and so the defense is taking advantage and dumping documents on the prosecutors just days before trial. And now attorney Frank Gerlach, at the last minute, now claims he still has not received documents he needs from prosecutors! A tactic to keep the State of Ohio off guard? Who controls the courtroom? Gerlach or Deering?

Where's @Betty P ? Bet she'd have an interesting take on Gerlach and his antics.

 

[Myland]

Jmo Gerlach got some his requested info on the 9th and has still not received other requested info and Gerlach has a small staff working with him. State on 13th and state had already interviewed Dailey and the state has how many people working this case and can’t be ready by the 18th. All just my opinion but it seems the state is having some trouble Jmo

 

[Myland]

But she did notarize them.....

Jmo I don’t know but I don’t know if her signature as the notary is the one the state witness is saying isn’t hers either jmo

 

[Puzzles8]

Jmo I don’t know but I don’t know if her signature as the notary is the one the state witness is saying isn’t hers either jmo

Good question

 

[Myland]

Jmo another thing the state has a problem with is the defense calling Reader, his brother and slusher as witnesses. Now this may just be a defense tactics to call these three unless they did any of the interviews. Jmo but if Dailey was handling the custody case what could he possibly have to help defense and state not know about if they already interviewed him Jmo

 

[Johnny B Bad]

Here is a Perditions, Charges will be dropped against Rita Newcomb and the state excuse will be the same as FW, We Got 6 Years We Can Refile,

 

[Myland]

Here is a Perditions, Charges will be dropped against Rita Newcomb and the state excuse will be the same as FW, We Got 6 Years We Can Refile,

Jmo it’s beginning to look that way. If the other four are guilty I hope the state did a better job than the last two cases. But I still believe Rita and Fw were only arrested to apply pressure to try to get a confession jmo

 

[Cool Cats]

REASON FOR CONTINUANCE:
According to a filing by the defense, opposing the continuance, prosecutors say they need more time to review documents the state received from Newcomb's attorney yesterday. Attorney Frank Gerlach claims he still has not received documents he needs from prosecutors.

Angenette Levy Twitter
2:32 PM · Nov 14, 2019
@Local12

Who runs the Court? The Prosecution or Judge Deering? Rita was arrested a whole year ago and the Judge should enforce deadlines for document reveals. So this last minute stuff doesn't happen. Her trial has been postponed once already.

EDIT:

I meant who runs the courtroom the DEFENSE or Judge Deering? Not prosecution.
The defense is handing out last minute evidence and last minute complaints about not getting evidence.

 

[Myland]

Jmo Gerlach got some his requested info on the 9th and has still not received other requested info and Gerlach has a small staff working with him. State on 13th and state had already interviewed Dailey and the state has how many people working this case and can’t be ready by the 18th. All just my opinion but it seems the state is having some trouble Jmo

Jmo Gerlach has mentioned at each hearing he has not been getting requested info. Jmo

 

[Betty P]

Right, the prosecution got the documents yesterday, the 13th, but are saying that's too late. Not enough time before trial to go over them. 4 days is not enough.

I get the impression the Judge is not enforcing strict deadlines and so the defense is taking advantage and dumping documents on the prosecutors just days before trial. And now attorney Frank Gerlach, at the last minute, now claims he still has not received documents he needs from prosecutors! A tactic to keep the State of Ohio off guard? Who controls the courtroom? Gerlach or Deering?

Where's @Betty P ? Bet she'd have an interesting take on Gerlach and his antics.

Gerlach is just blowing hot air, pulling a stunt. He's trying to create the illusion that the prosecution is hiding something.

I'll have to go back to look at notes, but the judge was very clear on the deadlines for submitting requests for discovery and delivering them. Pretty sure the state had submitted everything at the time of the last hearing. IIRC, prosecution was asking for something else then, but the judge turned them down. IIRC, it was digital communications analysis records not pertaining to RN. IIRC, the way the discovery read, it sounded like cell phone records. One of the cell phone numbers in the analysis pertained to RN. She got that, but her attorneys wanted all the evidence and the state and Judge Deering said "no".

Nearly every item Gerlach asked for in the last 2 hearings were things he is supposed to address during trial.

 

[Cool Cats]

Jmo Gerlach has mentioned at each hearing he has not been getting requested info. Jmo

Yes but Canepa has said in court it's first time she's heard of some of his requests. "Your Honor, this is the first time I'm hearing of this." She has asked him to make written court motion requests and then Gerlach deflects alot...alot..listen to him.

 

[Myland]

Yes but Canepa has said in court it's first time she's heard of some of his requests. "Your Honor, this is the first time I'm hearing of this." She has asked him to make written court motion requests and then Gerlach deflects alot...alot..listen to him.

Jmo but why wouldn’t they just turn it all over to him and be done with it. Why ask three times for a continuance. This as a whole is a big case but individually this isn’t a big case and the state should have their ducks in a row and not wanting to keep putting it off Jmo

 

[Cool Cats]

Gerlach is just blowing hot air, pulling a stunt. He's trying to create the illusion that the prosecution is hiding something.

I'll have to go back to look at notes, but the judge was very clear on the deadlines for submitting requests for discovery and delivering them. Pretty sure the state had submitted everything at the time of the last hearing. IIRC, prosecution was asking for something else then, but the judge turned them down. IIRC, it was digital communications analysis records not pertaining to RN. IIRC, the way the discovery read, it sounded like cell phone records. One of the cell phone numbers in the analysis pertained to RN. She got that, but her attorneys wanted all the evidence and the state and Judge Deering said "no".

Nearly every item Gerlach asked for in the last 2 hearings were things he is supposed to address during trial.

Thanks, this helps. I'm really trying to figure out what is happening here. Worried about the delays after what happened before with Fred. I just need to have more faith in Judge Deering. He will keep this ship floating one way or another. 3 years and 7 months we have all been waiting so far. It is time for a trial now.

 

[Betty P]

Jmo another thing the state has a problem with is the defense calling Reader, his brother and slusher as witnesses. Now this may just be a defense tactics to call these three unless they did any of the interviews. Jmo but if Dailey was handling the custody case what could he possibly have to help defense and state not know about if they already interviewed him Jmo

Yes, it sounds like a publicity stunt by the defense attorneys. Reader, his brother and the other person's testimony are not necessary for RN's trial. That's already been established. All evidence was collected, examined and prepared by BCI crime scene and evidence techs only, outside of contractors like the handwriting expert. There's chain of custody documentation for all of it.

Pike County sheriff who led mass-murder investigation indicted on theft charges

Ohio Attorney General David Yost said the indictment against the sheriff will not affect the slaying case, as Reader “was not the primary witness for any issue of fact or law.’’

In RN's case, there isn't much evidence needed - just proof that she forged some documents. That requires the documents and a handwriting expert. It may also require the proof that she was a notary public and that she signed the documents as such.

Aside from the documents, analysis by the cyber crimes unit and recordings of her phone calls with AW, there's no other evidence needed.

 

[Myland]

Yes, it sounds like a publicity stunt by the defense attorneys. Reader, his brother and the other person's testimony are not necessary for RN's trial. That's already been established. All evidence was collected, examined and prepared by BCI crime scene and evidence techs only, outside of contractors like the handwriting expert. There's chain of custody documentation for all of it.

Pike County sheriff who led mass-murder investigation indicted on theft charges


In RN's case, there isn't much evidence needed - just proof that she forged some documents. That requires the documents and a handwriting expert. It may also require the proof that she was a notary public and that she signed the documents as such.

Jmo I believe the reader thing in this case is probably a defense tactic too but I do believe the state is dragging their feet in this case just like they did in Fw case.

 

[Betty P]

Jmo Gerlach got some his requested info on the 9th and has still not received other requested info and Gerlach has a small staff working with him. State on 13th and state had already interviewed Dailey and the state has how many people working this case and can’t be ready by the 18th. All just my opinion but it seems the state is having some trouble Jmo

There was a deadline for him to request more evidence. Just because he asked for it after the deadline doesn't mean he should get it. He's just trying to establish grounds for appeal and create some drama.

And no, he did not receive all the evidence he requested because the judge refused some of his request. He was on a fishing expedition trying to get CCU (Cyber Crimes Unit) evidence that didn't pertain to RN's case.

 

[Loomis124]

REASON FOR CONTINUANCE:
According to a filing by the defense, opposing the continuance, prosecutors say they need more time to review documents the state received from Newcomb's attorney yesterday. Attorney Frank Gerlach claims he still has not received documents he needs from prosecutors.

Angenette Levy Twitter
2:32 PM · Nov 14, 2019
@Local12

Who runs the Court? The Prosecution or Judge Deering? Rita was arrested a whole year ago and the Judge should enforce deadlines for document reveals. So this last minute stuff doesn't happen. Her trial has been postponed once already.

CC, I agree, but with all due respect, AC has requested reciprocal Discovery from the Defense on the last page of every Discovery document she gave them. This is Gerlach's delay tactic. IMO Hold off till giving any Discovery to the State until 3 days before the trial? And why didn't AC tell Judge Deering a long time ago that the State had not received any reciprocal Discovery? Maybe this is just what happens all the time? Heck, I don't know, but we're getting tired of "nothing," huh? All JMO

 

[Myland]

There was a deadline for him to request more evidence. Just because he asked for it after the deadline doesn't mean he should get it. He's just trying to establish grounds for appeal and create some drama.

And no, he did not receive all the evidence he requested because the judge refused some of his request. He was on a fishing expedition trying to get CCU (Cyber Crimes Unit) evidence that didn't pertain to RN's case.

Jmo there must have been things not turned over prior because on Nov 9th more info from prosecutors office was turned over to Gerlach Jmo based on his response to continuance jmo and the state could have subpoenaed Daily’s files also unless they really didn’t want to know what was in them jmo

 

[Betty P]

Jmo it’s beginning to look that way. If the other four are guilty I hope the state did a better job than the last two cases. But I still believe Rita and Fw were only arrested to apply pressure to try to get a confession jmo

What makes you think charges will be dropped? For what reason? The state has evidence of forgery. It's not difficult to prove, either forged signatures or documents that were notarized when the signatures were missing or faked.

They have computer evidence, the documents, etc. They also have recordings of RN's phone conversations with AW when she called from jail. Considering those have also been submitted as evidence, its likely those recordings also contain incriminating evidence.