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

[Rutledge203]

Where did this info come from that the stuff was only sent to Junk???

I don't know that it was just Junk, just that it was the 13th that the defense gave the dump to the prosecution.

 

[Rutledge203]

I don’t post often, but I have this case since Day 1. I was on this site when the news was breaking, and the talk going around was that poor young Chris Jr had killed his family, because his body hadn’t been found yet. I don’t understand how this kind of behavior from Defense is allowed over & over again. I’m feeling very discouraged today and a bit sad. I can’t imagine how the Rhoden and Gilley families and friends are coping with how this is being treated and allowed by the judge. Makes me lose faith in many things. I was so invested in both Travis Alexander and Heather Elvis and there has been some justice handed out in those cases, but I’m starting to think that these trials are never going to happen.

Thanks to all of you sleuthers who keep your heels dug in and Pursue justice for this family.

I know exactly how you are feeling. I agree. I funderstand strength in the Rhoden and Gilley families.

I try to think of some other cases that took 5 years to see justice (Jim Jones Jr is one). And he was arrested within 9 days.

I've never watched any case pretrial as I have this case. I also knew about the massacre day one early.

Justice will come.

 

[Rutledge203]

I think you have hit the nail right on the head, Dudly! Appreciate your post.

I agree also.

 

[Rutledge203]

I at first felt this way, that the prosecution wasn't ready, especially considering Fred's Case was dismissed and yet 4 months later there is a 5 day search on her property.
But in analyzing the State's Motion for a Trial Continuance it seems abundantly clear ( to me) that Rita's attorney instigated a trial diversion tactic to get the upper hand. It didn't work.

Evidently Judge Deering allowed the prosecution to argue it's Case this morning and then agreed to give the prosecution more time.

Perhaps the new hearing, scheduled 2 weeks from today, will allow Judge Deering to see if the prosecution is ready for trial so he can set the date, and also to argue a Motion against the 3 witnesses testifying.
If Rita doesn't plea and Deering doesn't dismiss her charges, I see no reason what-so-ever that we won't be seeing a trial.

According to the State Rita's attorney, Franklin Gerlach, dumped 198 files and 3 surprise witnesses on the prosecution 4 days before trial. Gerlach's excuse is that they don't plan to use the file documents in the trial, that QUOTE:
" The 'Daily Files' (Bruce Daily) material was never intended to be introduced at trial but merely used to help the witness refresh his memory if nessasary."

Do you see how ridiculous this is? The defense says the documents won't be brought up in trial yet Mr. Daily is going to use them in his testimony! This is an attorney who talks in circles to muddy the waters of truth..Let's confuse the jury into an acquittal..
Of course the defense did not address the 3 surprise witnesses foisted on the prosecution and the prosecution's inability to have time to prepare a Motion to object to their testimony.

Bottom line, Judge Deering is not allowing the defense's ambush to continue. He is allowing the prosecution, in the interest of justice, to have more time to analyze this new evidence and to have time to file their Motion to exclude these 3 witnesses from testifying.

....2 Cents....

I agree and you said it well.

 

[Rutledge203]

Ohio Jury Service

Law Facts: Jury Service | Ohio State Bar Association

Thank you.
I read there was a pool of 100 perspective jurors there today.
I can't remember which article but I'll try to find it.

 

[Rutledge203]

My opinion...

Gerlach agreed with the continuance because AC forced his hand and told him if the trial started today, his 198 Dailey files and his last 3 witnesses were OUT.

and,

Deering had to rule to continue because Gerlach did.

I'm not too smart, but this isn't rocket science!

BINGO. This is my opinion also.


JMO

 

[Rutledge203]

Good news is coming in the form of $$$ to help fund the W4 trials. The State Controlling Board led by State Represenative S.Wilkins (Highland County) got this funding approved.

That is good news.

 

[Loomis124]

I don't know that it was just Junk, just that it was the 13th that the defense gave the dump to the prosecution.

.please go back! The proof is posted here!

 

[Caylee Advocate]

The 3 recent defense subpoena's have piqued my curiosity. Just like the 3 little monkeys... hear no evil, see no evil, yet now willing to speak of some evil. Just my mind trying to figure a few things out. Perhaps the man in blue really wasn't invisible??? Nite all.

 

[Rutledge203]

.please go back! The proof is posted here!

Okay. I'm sorry. I missed it. I trust you

 

[GoBuckeyes]

Why would Judge Deering have even been assigned these cases if that were true?

I'm not saying it's true. I was recapping the previous question discussed in the group and what I thought JBB might have been asking.

 

[Rutledge203]

Angenette Levy
@Angenette5
Emmy-nominated reporter at WKRC

"..What is strange about this is the state asked for a delay last week. Defense objected. Judge said no delay. Now both sides are on board with a delay/continuance. Back on December 2 for a “hearing” - not a trial.."

Rita Newcomb would not comment as she left the Pike Co. Courthouse this morning:
Twitter

Rita Newcomb sits with her attorney in Judge Deering's Courtroom
November 18, 2019

Hi. Just to add to your Ms Levy link. She finished or updated her article at 9pm. Too big to upload.

Great, complete article for anyone wising to use link.


Angenette Levy on Twitter

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[Niner]

Newcomb:

11/18/2019 08:30 AM JURY TRIAL DEERING, RANDY D - continued

12/02/2019 01:00 PM MOTION HEARING DEERING, RANDY D

link: https://www.pikecountycpcourt.org/e...ZIczzO0c6VRvw3P64BN3nWOI5yGBM5tSl85vM91WyURDQ

 

[Cool Cats]

Hi. Just to add to your Ms Levy link. She finished or updated her article at 9pm. Too big to upload.

Great, complete article for anyone wising to use link.


Angenette Levy on Twitter

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Pike County Massacre: Trial for grandma charged with forgery delayed
by Angenette Levy, WKRC
Monday, November 18th 2019

Pike County Massacre: Trial for grandma charged with forgery delayed

Monday morning, Newcomb arrived at the courthouse with a woman who appeared to be a family friend. Prior to Deering taking the bench, Canepa spoke briefly with Gerlach and Newcomb at the defense table in what appeared to be a brief but cordial conversation. Newcomb left less than an hour later and declined comment.

Deering issued a “non-disclosure” order in the case. Neither Gerlach nor Canepa would comment on any developments Monday or whether a plea agreement may be in the works.
3
PHOTOS

The trial for Rita Newcomb was delayed in "the interest of justice". She's charged with forgery (WKRC)

 

[sunshineray]

Oh, but she did! She had Crim. Rule 16...the rules of Discovery...on her side. Gerlach could not defend his lateness in bringing forth this Discovery. AC simply held him to the rules of Discovery.

Didn't AC also state those same rules of law in Friday's memorandum when Judge Deering denied her motions?

 

[Cool Cats]

Didn't AC also state those same rules of law in Friday's memorandum when Judge Deering denied her motions?

Yes. It's the first thing she mentioned in her Memorandum in the Motion to Continue.
From Memorandum:

Ohio Criminal Rule 16 is designed "to provide all parties in a criminal case with the information necessary for a full and fair adjudication of the facts."

"...Here, the defendant did not comply with it's reciprocal duty of due diligence in it's discovery obligations pursuant to Criminal Rule 16.........."

"....The State provided Defendant with initial discovery on January 11, 2019, and supplemental discovery March 28, May 23, June 26, July 25, and August 6........"

 

[Betty P]

So many people want to blame AC and the Prosecution for the trial not starting today because they were not prepared after all this time. It looks to me like the Defense purposefully caused the problem, or made a huge mistake, that delayed the start of the trial.
Maybe the Defense was not ready and wanted to make it look like the Prosecution was not ready. Smoke, mirrors, and mind games... My opinion only...

Yes, I think you got it right. The defense caused the delay by dumping a very large interview file on the prosecution just a few days before the trial was scheduled to begin. This information was requested by the prosecution 5 months ago. The defense held out til the last minute either out of spite or because they're having problems with their case. The prosecution's introduction of audio files a couple months ago of RN and AW discussing the case via phone had to have been devastating to RN's case. No doubt a lot of incriminating evidence was gathered.

Same with adding Reader and others to the wit

Angenette Levy
@Angenette5
Emmy-nominated reporter at WKRC

"..What is strange about this is the state asked for a delay last week. Defense objected. Judge said no delay. Now both sides are on board with a delay/continuance. Back on December 2 for a “hearing” - not a trial.."

Rita Newcomb would not comment as she left the Pike Co. Courthouse this morning:
Twitter

Rita Newcomb sits with her attorney in Judge Deering's Courtroom
November 18, 2019

Hi. Just to add to your Ms Levy link. She finished or updated her article at 9pm. Too big to upload.

Great, complete article for anyone wising to use link.


Angenette Levy on Twitter

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First, it doesn't sound like Gerlach is doing his client any favors. He's still giving the appearance of being rude, vindictive and mean, for lack of a better word. AC has a way of calming him down and being friendly. Assume that's what she did to get him to meet in court to work things out.

Does anyone know which evidence files were dropped on Gerlach by AC on November 9? He refers to them in the article.

 

[Cool Cats]

Yes, I think you got it right. The defense caused the delay by dumping a very large interview file on the prosecution just a few days before the trial was scheduled to begin. This information was requested by the prosecution 5 months ago. The defense held out til the last minute either out of spite or because they're having problems with their case. The prosecution's introduction of audio files a couple months ago of RN and AW discussing the case via phone had to have been devastating to RN's case. No doubt a lot of incriminating evidence was gathered.

Same with adding Reader and others to the wit



First, it doesn't sound like Gerlach is doing his client any favors. He's still giving the appearance of being rude, vindictive and mean, for lack of a better word. AC has a way of calming him down and being friendly. Assume that's what she did to get him to meet in court to work things out.

Does anyone know which evidence files were dropped on Gerlach by AC on November 9? He refers to them in the article.

It's material the prosecution has had since June 2017. Sounds to me like documents of handwriting expert reports and the audio from the June 16 and June 20th 2017 interviews BCI had with Rita -- as it was stated that "yet another" and "others" will be coming. From page 2.

Dropbox - Rita's Motion Contra.pdf - Simplify your life

 

[Merrygirl]

I don't know that it was just Junk, just that it was the 13th that the defense gave the dump to the prosecution.

‘Apparently it was only to “the prosecutor” and not to all of the prosecutions team. Dropbox - State's Motion Continuance Rita.pdf - Simplify your life

 

[Cool Cats]

‘Apparently it was only to “the prosecutor” and not to all of the prosecutions team. Dropbox - State's Motion Continuance Rita.pdf - Simplify your life

Thankx. I was wondering why it was being said that only Junk got the large discovery dump on the 13th --
the 198 files that were in Bruce Daily's possession.

According to your link it was because the 198 files were too cumbersome to be e-mailed, thus, for some unstated reason they were not served on the Special Prosecutors from the AG's office which would include Canepa and the newly appointed Special Prosecutor Anthony Pierson. Only Junk would have been served with them.