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

[Loomis124]

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.

It absolutely is! A delay tactic on the Defense side! Gerlach must think we are dumb as rocks! He knows now it will be after Thanksgiving before another full week comes. Ughhhh! And he blames it on the State. Yeah, right. JMO

 

[Puzzles8]

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

Perhaps this is a deliberate move on the prosecutions part. A bluff.

There is information Gerlich clearly did not want to hand over. He only turned it in last minute when it appeared her trial was really going to start.

Same thing happened in FW's trial. Prosecution waited until the defense had turned in the last bit of last minute Discovery before the prosecution said "Never mind", we can just charge you later.

JMO, MOO

 

[Loomis124]

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

Link please?

 

[Loomis124]

Jmo I agree but the documents involved the attorney the state had already interviewed prior Jmo

Well, please do tell. What you are talking about.

 

[rsd1200]

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.

If the requests are last minute, at the end of the day, they know that the defense will want every piece of evidence that the prosecution has, and they are entitled to have it. The Prosecution can't spring surprise evidence on the Defense either. It's in the best interest of the case that they get all of this in advance. If they get all of the evidence, and it's extremely damning, then we'll be more likely to see them attempt to make a plea.

With Deering, I just feel that this is not the type of case that a judge would normally have in front of them, during their career, let alone a judge from a rural community, like Piketon. I have thought they were moving along pretty good, and he's doing his very best to not do anything that might cause a mistrial, or any other thing that could be used in a retrial. It's going to be a very long ride unless they start taking pleas. What's in the discoveries might mean whether they decide to take it to trial, or take a plea.

 

[Loomis124]

Where it stands is the State filed a Motion to continue (postpone) the trial and the defense filed a Memorandum Contra which is an
explanation to the court of why the Stare's Motion should be denied.

Rita wants to go to trial Monday but the prosecution isn't ready and wants to delay it.

Hopefully Judge Deering will rule on this tomorrow. He has to. Tomorrow, Friday, is the last business day before the trial Monday.

11/14/2019 MOTION AND MEMORANDUM TO CONTINUE JURY TRIAL SET FOR NOVEMBER 18, 2019 FILED Attorney: CANEPA, ANGELA R

11/14/2019 DEFENDANT'S MEMORANDUM CONTRA TO THE STATE OF OHIO'S MOTION TO CONTINUE THE JURY TRIAL SCHEDULE FOR NOVEMBER 18, 2019,

I feel sure he will rule in favor of the State, considering Gerlach just filed the Defense's FIRST discovery documents YESTERDAY. JMO

 

[Betty P]

If the requests are last minute, at the end of the day, they know that the defense will want every piece of evidence that the prosecution has, and they are entitled to have it. The Prosecution can't spring surprise evidence on the Defense either. It's in the best interest of the case that they get all of this in advance. If they get all of the evidence, and it's extremely damning, then we'll be more likely to see them attempt to make a plea.

With Deering, I just feel that this is not the type of case that a judge would normally have in front of them, during their career, let alone a judge from a rural community, like Piketon. I have thought they were moving along pretty good, and he's doing his very best to not do anything that might cause a mistrial, or any other thing that could be used in a retrial. It's going to be a very long ride unless they start taking pleas. What's in the discoveries might mean whether they decide to take it to trial, or take a plea.

The problem is, the motions and requests the defense has made in the last couple of hearings are for evidence that doesn't relate to RN's case. They've been demanding, for instance, all the evidence reports related to the Rhoden murder cases from the Cyber Crimes Unit. AC argued this and the Judge agreed in the last hearing - that's evidence that has nothing to do with RN's case. It's the defense trying to fish for information about the state's murder cases against the W's.

RW's case is pretty simple - the state has already provided them with the relative information. To prove forgery, you need the document with the forged signature a sample of the defendant's handwriting and a handwriting expert. The defense was given that info months ago.

An example of the ridiculous claims of the defense: the state provided the resume of their handwriting expert who will be testifying in the trial. The defense attorneys responded that they wanted to know how exactly the defense attorney testified about XYZ case some years ago. The Judge told the defense "you can ask them that during the trial, when they're on the stand". These are just BS motions and defense is being ridiculous. Not every question have needs to be answered in pre-trial. They have all the evidence and info, time for them to go to trial and defend RN.

Media & Timeline NO DISCUSSION - Pike Co, OH 8 Family Members Murdered

 

[davmicmin]

When I first saw the date for JW trial, the first thing I wondered was if this stays in Pike county, who would be the judge. It is my understanding that when 01/01/21 hits, Judge Deering will no longer be a Pike County Judge. Im being told he is aging out and will not be on the 2020 ballot. I guess there is an age limit for sitting judges. But not on visiting judges. Can anyone here elaborate on this or maybe explain what will happen to the case on 01/01/21 as far as judges go?

 

[Johnny B Bad]

I feel sure he will rule in favor of the State, considering Gerlach just filed the Defense's FIRST discovery documents YESTERDAY. JMO

Link please

 

[TrueTracer]

Angenette Levy


Defense memorandum from angenette levy

 

[Myland]

Jmo I am not trying to upset anyone

 

[Puzzles8]

Have RN's court documents been either requested (through Pike County Courts) or seen on the illusive ScribD site and posted here?

I have not been able to find these documents. Can someone please give me a link so I can keep up!

TIA

 

[Johnny B Bad]

Jmo I am not trying to upset anyone

You’re doing a great job Myland and your right the prosecutions needs to do their job everybody just wants justice served for the Rhodens and Gilley families but that don’t mean the rights of the accused can be wronged, I got faith that AC will do her best even if it means Rita’s trial is postponed, JMO

 

[Loomis124]

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

The 9th of _____? The obvious issue is Gerlach provided the Defense's FIRST Discovery yesterday, Nov. 13, after which the State immediately requested a conference hearing asking for more than 2 business days to review discovery and prepare. Judge Deering will rule on behalf of the State tomorrow, IMO, and the Defense better be ready when this trial does start, because AC and AP are gonna chew them up and spit them out in a heartbeat. All just my opinion.

Oh, and. The court has ruled on all of Gerlach's motions submitted prior to today.

Please refer to and read in full the journal entry dated 10/22/2019. The Court has ruled on Gerlach's requests for more information:

"...does not constitute material obtained from or belonging to the Defendant."

"overruled and denied."

"under seal, and that such copies shall not be unsealed, except upon order of this court..."

One more thing. The fact that you are stating facts as just your opinion. How do you know so much about what's in that tub and what Gerlach filed and who the State has interviewed? JMO

 

[Betty P]

Have RN's court documents been either requested (through Pike County Courts) or seen on the illusive ScribD site and posted here?

I have not been able to find these documents. Can someone please give me a link so I can keep up!

TIA

RN's past court documents are posted in the Media & Timelines thread back in the "Crimes in the News" sub. There are no copies there of documents filed in the recent court happenings for RN. Those have not yet been made public as far as we know.

 

[Betty P]

Link to post with text and link of latest docket activity for RN's case.

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

 

[OhioBlues]

Angenette Levy


Defense memorandum from angenette levy

This is the Defense Motion that has been requested.

 

[Myland]

You’re doing a great job Myland and your right the prosecutions needs to do their job everybody just wants justice served for the Rhodens and Gilley families but that don’t mean the rights of the accused can be wronged, I got faith that AC will do her best even if it means Rita’s trial is postponed, JMO

Jmo I completely agree anyone involved in those horrible unimaginable crimes need to pay and pay dearly.

 

[rsd1200]

The problem is, the motions and requests the defense has made in the last couple of hearings are for evidence that doesn't relate to RN's case. They've been demanding, for instance, all the evidence reports related to the Rhoden murder cases from the Cyber Crimes Unit. AC argued this and the Judge agreed in the last hearing - that's evidence that has nothing to do with RN's case. It's the defense trying to fish for information about the state's murder cases against the W's.

RW's case is pretty simple - the state has already provided them with the relative information. To prove forgery, you need the document with the forged signature a sample of the defendant's handwriting and a handwriting expert. The defense was given that info months ago.

An example of the ridiculous claims of the defense: the state provided the resume of their handwriting expert who will be testifying in the trial. The defense attorneys responded that they wanted to know how exactly the defense attorney testified about XYZ case some years ago. The Judge told the defense "you can ask them that during the trial, when they're on the stand". These are just BS motions and defense is being ridiculous. Not every question have needs to be answered in pre-trial. They have all the evidence and info, time for them to go to trial and defend RN.

Media & Timeline NO DISCUSSION - Pike Co, OH 8 Family Members Murdered

He is sworn to defend his client to his utmost ability. If what he's asking for isn't permitted, then they'll not allow it, but, as they say, you never know until you ask. If he were my attorney? And I was facing the DP? I'd want him in there doing whatever it took to prove my innocence and save my life (in my scenario, I'd be innocent.).

 

[Puzzles8]

RN's past court documents are posted in the Media & Timelines thread back in the "Crimes in the News" sub. There are no copies there of documents filed in the recent court happenings for RN. Those have not yet been made public as far as we know.

So are you saying there is evidence there were such documents filed (journal entries on the Pike county site - titles only), but the detailed documents are not available?

Confused, are the actual detailed documents available or not? Are people quoting the detailed documents. If so, can someone please link to them?

TIA