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

[Betty P]

Betty, can you please post his memorandum on the Media thread? Thank you.

Let me check. I was going to post just a link, but the reporter Levy's link only had one of the documents.

 

[Betty P]

Looks like Judge Deering has overruled the State's request for a continuance. The trial will proceed on schedule.

1/15/2019JOURNAL ENTRY DENYING STATE OF OHIO'S MOTION TO CONTINUE -- IT IS ORDERED THAT THE STATE OF OHIO'S MOTION TO CONTINUE TRIAL IS OVERRULED AND DENIED COPIES FILED FAXED/EMAILED/DELIVERED TO ALL COUNSEL

https://pikecountycpcourt.org/eserv...bLPe8uf2AhIyKzQUQ8fyHhNAB*Ugq43YyAPIH7CSDbkWg

According to AC's filing Rita's attorney had dumped a couple hundred pages of arguments, etc. on them, so prosecution will spend today and the weekend going through that mess before the trial.

If it's anything like Gerlach's memorandum, it will be a lot of word salad. JMO.

ETA: Most of the state's objection about the RN's document dump has to do with Bruce Dailey, an attorney who allegedly represented Jake Wagner in his custody fight with Hanna Rhoden. RN's attorney is alleging that Bruce Dailey has a tranche of computerized documents that will "prove RN's innocence".

Prosecution has been asking for these documents for the last 5 months. Gerlach has withheld them until yesterday. That's a lot of documentation to go through just a few days before trial begins.

I wasn't aware that Jake Wagner had retained an attorney to get custody of S before the Rhoden Family Massacre. Of course, that information isn't made public. The official word in the news media (provided by JW) was that he didn't hire an attorney to get custody until after the murders.

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings

Can anyone help clear this up? Anyone recall information about Jake hiring an attorney to gain custody of HMR before the murders?

 

[Rutledge203]

11/14/2019 JOURNAL ENTRY -- THIS CAUSE CAME FOR STATUS CONFERENCE ON NOVEMBER 13, 2019 AT 3:30PM AT THE REQUEST OF THE STATE OF OHIO; A JURY TRIAL IS CURRENTLY SCHEDULED FOR MONDAY, NOVEMBER 18, 2019 AT 8:30AM; DURING THE CONFERENCE, THE STATE OF OHIO ORALLY REQUESTED THE JURY TRIAL BE CONTINUED FOR REASONS STATED ON THE RECORD; COUNSEL FOR THE DEFENDANT EXPRESSED THE DEFENDANT'S OBJECTION TO A CONTINUANCE OF THE TRIAL; IT IS THEREFORE ORDERED, THAT BEFORE NOVEMBER 14, 2019 AT 4:00PM, THE STATE OF OHIO SHALL SERVE AND FILE A WRITTEN MOTION REQUESTING THE CONTINUANCE OF THE JURY TRIAL, SETTING FORTH ALL REASONS WHY THE STATE FEELS THAT IT NEEDS A CONTINUANCE OF THE TRIAL; IT IS FURTHER ORDERED, THAT ON OR BEFORE NOVEMBER 14, 2019 AT 4:00PM THE DEFENDANT SHALL SERVE AND FILE A WRITTEN RESPONSE TO THE STATE OF OHIO'S REQUEST FOR CONTINUANCE OF THE TRIAL

 

[Rutledge203]

Looks like Judge Deering has overruled the State's request for a continuance. The trial will proceed on schedule.

1/15/2019JOURNAL ENTRY DENYING STATE OF OHIO'S MOTION TO CONTINUE -- IT IS ORDERED THAT THE STATE OF OHIO'S MOTION TO CONTINUE TRIAL IS OVERRULED AND DENIED COPIES FILED FAXED/EMAILED/DELIVERED TO ALL COUNSEL

https://pikecountycpcourt.org/eserv...bLPe8uf2AhIyKzQUQ8fyHhNAB*Ugq43YyAPIH7CSDbkWg

According to AC's filing Rita's attorney had dumped a couple hundred pages of arguments, etc. on them, so prosecution will spend today and the weekend going through that mess before the trial.

If it's anything like Gerlach's memorandum, it will be a lot of word salad. JMO.

I am surprised although I probably should not be. I wonder if the last three subpeonas were served. Doesn't say unless I missed it earlier. Gerlach did exactly what Owens did dumping information on date closest to scheduled trial.

Well Monday it is then. Gotta keep the faith.

 

[Ann99]

Looks like Judge Deering has overruled the State's request for a continuance. The trial will proceed on schedule.

1/15/2019JOURNAL ENTRY DENYING STATE OF OHIO'S MOTION TO CONTINUE -- IT IS ORDERED THAT THE STATE OF OHIO'S MOTION TO CONTINUE TRIAL IS OVERRULED AND DENIED COPIES FILED FAXED/EMAILED/DELIVERED TO ALL COUNSEL

https://pikecountycpcourt.org/eserv...bLPe8uf2AhIyKzQUQ8fyHhNAB*Ugq43YyAPIH7CSDbkWg

According to AC's filing Rita's attorney had dumped a couple hundred pages of arguments, etc. on them, so prosecution will spend today and the weekend going through that mess before the trial.

If it's anything like Gerlach's memorandum, it will be a lot of word salad. JMO.

This is a little confusing as the date has copied incorrectly making it look like a January (1 ) entry instead of a November (11) entry.
Just to clarify


11/15/2019 JOURNAL ENTRY DENYING STATE OF OHIO'S MOTION TO CONTINUE -- IT IS ORDERED THAT THE STATE OF OHIO'S MOTION TO CONTINUE TRIAL IS OVERRULED AND DENIED COPIES FILED FAXED/EMAILED/DELIVERED TO ALL COUNSEL

11/15/2019 SUBPOENA ISSUED TO KAYLA SLUSHER, PIKE COUNTY AUDITOR

 

[Johnny B Bad]

So court is still scheduled for Monday morning 8:30am

 

[Rutledge203]

Latest subpeona

11/15/2019 SUBPOENA ISSUED TO KAYLA SLUSHER, PIKE COUNTY AUDITOR

 

[Rutledge203]

So court is still scheduled for Monday morning 8:30am

YES

 

[Johnny B Bad]

Latest subpeona

11/15/2019 SUBPOENA ISSUED TO KAYLA SLUSHER, PIKE COUNTY AUDITOR

Does anyone know who this is?

 

[Rutledge203]

Looks like Judge Deering has overruled the State's request for a continuance. The trial will proceed on schedule.

1/15/2019JOURNAL ENTRY DENYING STATE OF OHIO'S MOTION TO CONTINUE -- IT IS ORDERED THAT THE STATE OF OHIO'S MOTION TO CONTINUE TRIAL IS OVERRULED AND DENIED COPIES FILED FAXED/EMAILED/DELIVERED TO ALL COUNSEL

https://pikecountycpcourt.org/eserv...bLPe8uf2AhIyKzQUQ8fyHhNAB*Ugq43YyAPIH7CSDbkWg

According to AC's filing Rita's attorney had dumped a couple hundred pages of arguments, etc. on them, so prosecution will spend today and the weekend going through that mess before the trial.

If it's anything like Gerlach's memorandum, it will be a lot of word salad. JMO.

ETA: Most of the state's objection about the RN's document dump has to do with Bruce Dailey, an attorney who allegedly represented Jake Wagner in his custody fight with Hanna Rhoden. RN's attorney is alleging that Bruce Dailey has a tranche of computerized documents that will "prove RN's innocence".

Prosecution has been asking for these documents for the last 5 months. Gerlach has withheld them until yesterday. That's a lot of documentation to go through just a few days before trial begins.

I wasn't aware that Jake Wagner had retained an attorney to get custody of S before the Rhoden Family Massacre. Of course, that information isn't made public. The official word in the news media (provided by JW) was that he didn't hire an attorney to get custody until after the murders.

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings

Can anyone help clear this up? Anyone recall information about Jake hiring an attorney to gain custody of HMR before the murders?

I don't recall ANY reference to a formal custody inquiry on either side. In fact I thought all comments/information known was that they just had an agreement and there was "no fight" over custody per what I've seen and heard about from the Wagners'.

The "custody papers" Rita is accused of Forging are the ones that were written 3 weeks before the murder. In the event of death .....

This is what I recall.

 

[Rutledge203]

Does anyone know who this is?

Auditor of Pike County who took office in May

ETA The other recent subpoena was for Theresa Parameter from the Sheriff's Office. Does anyone know what her capacity is there?
Thanks.

 

[Betty P]

This is a little confusing as the date has copied incorrectly making it look like a January (1 ) entry instead of a November (11) entry.
Just to clarify


11/15/2019 JOURNAL ENTRY DENYING STATE OF OHIO'S MOTION TO CONTINUE -- IT IS ORDERED THAT THE STATE OF OHIO'S MOTION TO CONTINUE TRIAL IS OVERRULED AND DENIED COPIES FILED FAXED/EMAILED/DELIVERED TO ALL COUNSEL

11/15/2019 SUBPOENA ISSUED TO KAYLA SLUSHER, PIKE COUNTY AUDITOR

Thanks for the correction!

 

[Betty P]

I don't recall ANY reference to a formal custody inquiry on either side. In fact I thought all comments/information known was that they just had an agreement and there was "no fight" over custody per what I've seen and heard about from the Wagners'.

The "custody papers" Rita is accused of Forging are the ones that were written 3 weeks before the murder. In the event of death .....

This is what I recall.

Yes, that's what it said in this article (and the court docs filed by JW's attorney early on)

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings

WLWT obtained court documents that show Jake Wagner filed for custody of their daughter, Sophia, on April 28, 2016, six days after the murders. Sophia was two years old at the time and the only child belonging to any of the victims who was not present during the slayings.

In an affidavit signed by Jake Wagner, he said he and Hanna Rhoden had "approximately equal time with Sophia since her birth."

Perhaps its the tricky way the defense attorneys worded the statement about Bruce Dailey and the custody suit.

If he was the attorney handling the custody case after the murders, it wouldn't have involved HMR because she was deceased.

Because she was deceased, what documents would Dailey have that would somehow prove that RN didn't engage in forgery of HMR's name on guardianship docs? (Recall, the discovery evidence that State turned over in RN's case were guardianship documents for HMR, JW and GW4.)

The state's motion indicates the Dailey documents are digital versions. Are they scans of documents with signatures and notary seals or not?

We're having to do a lot of catch up here, since all this information has been kept from the public until now.

If RN's attorney is introducing these documents at the last minute, wouldn't the state be able to argue that they're inadmissible as evidence since no one has been able to verify their authenticity? Does Gerlach know the Dailey docs will be ruled inadmissible, but introduced them in this manner to taint public opinion and the jury pool?

 

[Myland]

Does anyone know who this is?

She was elected as auditor last year.

 

[Myland]

Yes, that's what it said in this article (and the court docs filed by JW's attorney early on)

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings



Perhaps its the tricky way the defense attorneys worded the statement about Bruce Dailey and the custody suit.

If he was the attorney handling the custody case after the murders, it wouldn't have involved HMR because she was deceased.

Because she was deceased, what documents would Dailey have that would somehow prove that RN didn't engage in forgery of HMR's name on guardianship docs? (Recall, the discovery evidence that State turned over in RN's case were guardianship documents for HMR, JW and GW4.)

The state's motion indicates the Dailey documents are digital versions. Are they scans of documents with signatures and notary seals or not?

We're having to do a lot of catch up here, since all this information has been kept from the public until now.

If RN's attorney is introducing these documents at the last minute, wouldn't the state be able to argue that they're inadmissible as evidence since no one has been able to verify their authenticity? Does Gerlach know the Dailey docs will be ruled inadmissible, but introduced them in this manner to taint public opinion and the jury pool?

Jmo and I could be wrong but I believe Angela had reference prior to arrest they were working with attorney prior to murders to formalize the custody agreement Jmo I could be remembering wrong. I will look jmo

 

[Fight4justice]

This entire situation causes my stomach to turn flips. Every time I look at my 21 month old grandson, I just can’t put into perspective these brutal murders. I am not “ crazy” about my grandsons father or his parents, yet what I know is that when he sees them he gets excited and his little eyes light up, which tells me that he loves them and they love him regardless of how I feel about them, so because I have respect for him, I have respect for them. It is not my right to force my opinions of them on to him. I could never hurt, much less murder them because as I said I love and respect my grandson. I don’t think that the love of this child had anything to do with these murders, it is my opinion that it came straight down to a power struggle. How dare you not give me custody of my child, do you know who I am and who my family is. A power struggle period, and that is what makes this even worse. As I said this is my opinion and thought only.

 

[Betty P]

Auditor of Pike County who took office in May

ETA The other recent subpoena was for Theresa Parameter from the Sheriff's Office. Does anyone know what her capacity is there?
Thanks.

She was the court clerk who transcribed the GJ proceedings. Gerlach has tried to use her to claim that other people were present at the GJ proceedings who weren't allowed there and that they somehow affected RN's testimony. The "man in the blue uniform" story. As with FW's attorney, the focus is on trying to get the GJ testimony thrown out.

 

[Betty P]

Jmo and I could be wrong but I believe Angela had reference prior to arrest they were working with attorney prior to murders to formalize the custody agreement Jmo I could be remembering wrong. I will look jmo

If true, that may not be a strategy Gerlach wants to pursue. Bringing Bruce Dailey into court will allow the State to emphasize that JW was engaged in a hostile custody battle with HMR prior to her murder. That's major proof of motive for him to murder HMR and her family.

Hard to imagine what Gerlach has on his hard drives that will exonerate RN. It will be thrown out because the evidence can't be tested by the court without delaying the trial. Maybe Gerlach is using this ploy to give RN grounds for appeal or whatever, but why go to such trouble and incriminate JW in the murders over a 5th degree felony charge?

 

[Dudly]

Jmo and I could be wrong but I believe Angela had reference prior to arrest they were working with attorney prior to murders to formalize the custody agreement Jmo I could be remembering wrong. I will look jmo

She did say that but no attorney's name was ever given so there was never anyway to confirm that statement was true..

 

[Betty P]

She did say that but no attorney's name was ever given so there was never anyway to confirm that statement was true..

Canepa alluded to a custody battle just after the arrests. Her reference is to the case JW brought after the murders. All we heard publicly was how JW and HMR had such a great relationship after their split and they had an amicable agreement on sharing custody of S.

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings

This statement from WLWT is very relevant:

WLWT has not been able to find any documents related to the custody of Sophia that was dated prior to April 22, 2016.

Of course, that was the story being told repeatedly by JW and AW in the news media. Their PR skills were pretty good for a while, until they weren't.

Did JW have this attorney, Bruce Dailey, drawing up these documents and letting JW use them to threaten HMR? If so, he didn't file any of them with the court.

ETA: I wonder why Gerlach waited 5 months to subpoena records from Bruce Dailey? He brought up the evidence in court way back in June, but never did anything to get the evidence until 2 days before the trial was set to begin.