OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #52

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  • #181
  • #182
‘JMO, but AC stated in the State’s Motion to delay submitted on 11/14 that she believed the Defense’s decision to include the three new witnesses in order to impeach their testimony. So do you suppose Gerlach is trying to get it in the court record that the Reader brothers are up on charges of corruption and the documents are planted, which would toss the evidence for all of the trials? IANAL but I don’t think he can accuse them of lying since their case is ongoing but he could shade it pretty well for potential jurors. Moo.

Dropbox - State's Motion Continuance Rita.pdf - Simplify your life

Brian Reader is not charged with anything, IIRC.
 
  • #183
In my opinion, I would think they argued this prior to voir dire (probably in chambers). Jury selection would have taken way longer than this. JMO.

ETA:

10TV: First trial connected to Pike County family slayings delayed.
First trial connected to Pike County family slayings delayed

WAVERLY, Ohio — A judge has delayed what was supposed to be the first trial connected to the investigation into the 2016 slayings of eight family members in Ohio.
Prosecutors said Monday that both sides agreed to postpone the trial for Rita Newcomb just as jury selection was to begin.
 
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  • #184
Didn’t the BCI collect the evidence used against Rita Newcomb?

‘I’m sure they did collect but was it planted beforehand? I don’t believe it was but is that Gerlach’s intent?
 
  • #185
In my opinion, I would think they argued this prior to voir dire (probably in chambers). Jury selection would have taken way longer than this. JMO.

ETA:

10TV: First trial connected to Pike County family slayings delayed.
First trial connected to Pike County family slayings delayed

WAVERLY, Ohio — A judge has delayed what was supposed to be the first trial connected to the investigation into the 2016 slayings of eight family members in Ohio.
Prosecutors said Monday that both sides agreed to postpone the trial for Rita Newcomb just as jury selection was to begin.

Thank you
 
  • #186
‘JMO, but AC stated in the State’s Motion to delay submitted on 11/14 that she believed the Defense’s decision to include the three new witnesses in order to impeach their testimony. So do you suppose Gerlach is trying to get it in the court record that the Reader brothers are up on charges of corruption and the documents are planted, which would toss the evidence for all of the trials? IANAL but I don’t think he can accuse them of lying since their case is ongoing but he could shade it pretty well for potential jurors. Moo.

Dropbox - State's Motion Continuance Rita.pdf - Simplify your life
Am I missing something? Isn't this the same motion that was just denied on this past Friday?
 
  • #187
  • #188
That's interesting. If so, it increases the likelihood of change of venue for some of the W4 murder trials. That's been a concern from the start - that it will be difficult to find enough qualified jurors in Pike County to serve in 5 separate trials. Pike isn't a high population county, they need to find enough jurors and alternates who aren't related to the case in any way, willing to vote on DP, etc.

MOO, this is Gerlach's fault. He waited 5 months to produce testimony from atty Bruce Dailey, then raised a bunch of objections about the tote bin documents after sitting on the information for nearly a year. The state's revelation of the recorded, forbidden phone calls between AW and RN really threw them for a loop. There's probably a lot of incriminating information in those tapes, so the only way the defense can respond is through delay and obfuscation with "alternate facts".

I suspect we might see more of this with the other cases.

  • Trying to reveal evidence in the pre-trial phase
  • Alternative Pleading
  • Ofuscation and red herrings
  • Obstruct and delay
  • Last minute document/evidence dumps on the state

I think you are right. Time will tell.
 
  • #189
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  • #191
So is Judge Deering is at the age limit to try capital cases after the first of the year?
 
  • #192
  • #193
Being that this is a very rural county maybe that's how they call juries. Here where I live, very near the biggest city in our state, you only need to show up the one day. If you don't get called or picked, you're service is done for the year.

Same in the Ohio county where I live.
 
  • #194
  • #195
I agree with you. Thanks.

It would seem (only my opinion) that they would need to return. Otherwise, defense attornies could use this "trick" anytime they didn't like the prospective jury?? Just thinking outloud here. I could easily be completely wrong.
 
  • #196
It would seem (only my opinion) that they would need to return. Otherwise, defense attornies could use this "trick" anytime they didn't like the prospective jury?? Just thinking outloud here. I could easily be completely wrong.

I'm so confused and rambling at this point, I need to regroup. My brain has lost too many cells.
I'll be back. :eek:
 
  • #197
  • #198
Thanks for sharing. When will Gerlach learn? And what a lowdown, dirty deed to only send it to Junk!
 
  • #199

A question was posed previously concerning age limits and whether or not JW was pushing his trial date back to take advantage of that, if there is indeed such a limit. I think that's what JBB is asking about with Judge Deering. Am I close JBB?
 
  • #200
Thanks for sharing. When will Gerlach learn? And what a lowdown, dirty deed to only send it to Junk!

I missed it. What happened? Gerlach only turned over the information at the 11th hour to 1/3 of the prosecution by sending it to Junk?
 
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