I can finally shorten this up a bit since his last hearing....
Monday, April 12th:
*Motions Hearing (@ 9am ET) - OH - Pike County 8 people dead:
Christopher Rhoden, Sr. (40), his ex-wife,
Dana Manley Rhoden (37), their three children,
Clarence "Frankie" Rhoden (20),
Christopher Jr. (16),
Hanna Mae (19); Frankie's fiancée,
Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother,
Kenneth Rhoden (44), & a cousin,
Gary Rhoden (38). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles)
for *Edward Jacob "Jake" Wagner (26/now 28) (former boyfriend of Hanna) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/27/18) with 8 counts aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 5th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity & 1 count of 4th degree unlawful sexual conduct with a minor. (He’s accused of engaging in sexual contact with Hanna Rhoden when she was 15 & he was 20). Plead not guilty. Held without bond. DA will seek the DP.
Trial set to begin on 8/30/21.
Number of shots fired at each victim (Det. Scheiderer: We know the three calibers of firearms that were used to commit these murders. a 22 caliber long rifle, a 40 caliber, and a 30 caliber) & Court hearings from 11/27/18 thru 11/6/20 reference post #1014 here:
OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #58
12/22/20 Update: Defense asks delay of adjudication of those motions. Schedule between now & trial date. Won't pick dates today, anticipate scheduling before end of year for motions & a trial date. State position is they're not entitled to a hearing on Motions 47 & 48. By end of this year, dates will be in place for evidentiary hearing. Prosecutor Angie Canepa says there nearly complete, anticipate they will meet deadline. #53: Furnish reports & bench notes re evidence for trial. A. Canepa says they have provided bench notes on 2 different August reports they had already provided. Also 2 additional CD's for ATF agent who did analysis on home made silencer. Individual who did testing in 2018 will not be available to testify, ATF is providing another expert to testify. Defense says that's satisfactory. Also received a CV of ballistics expert, anticipate a report on that. Ballistic report was done by BCI, the gentleman (Brunel) will also provide opinion of that info on ballistics. First expert believed it to be a home-made silencer. Ballistics report will be from Brunel. A. Canepa says he already received an oral report that he agrees with BCI agent White on the ballistics report. A. Canepa says January Brunel will have written report by Jan 22, 2021. Motions 49 & 50. #49 requested pretrial hearing admissibility of written communications. #50 was requesting pretrial hearing non-testifying co-defendants. Supplemental memorandum requested. State wanted defense to specify written & oral statements the defense objected to. Defense asks 49 & 50 also be delayed til next hearing. Transcripts will be heard on later hearing before end of year. A. Canepa wants deadline for 30 days prior to hearing to provide motions they anticipate to file and any supplements to previous file motions. Motion 51 - should court remove Wilson as prosecutor due to connection to governor's office. Have additional facts to put on record. A. Canepa says 2 additional facts-re Andy Wilson was brought onto case in spring 2018 in consulting role, provided access to case file, affidavit of non-disclosure. His involvement pre-dates when the court appointed him. That was in his role as the court county prosecutor, not working for DeWine then. Defense stipulates to those facts. Second stipulation-Mr. Wilson in policy making role for DeWine. Has put up a wall between himself & DeWine on policy. He's no longer involved in policy in governor’s office, doesn't discuss it with other office members who work on policy. Defense wonders if there are additional facts, notwithstanding "wall", etc. does Wilson retain an expectation that he will keep the governor updated on this case. Prosecution - Governor has not intervened & only communicates with them regarding trial dates, no reporting responsibility. Defense accepts that fact, ready for court to adjudicate Motion #51. Transcript of 8/31/20, court granted. Defense says they have received the transcript, as has state. State wanted extension of time about statement of other facts. Will be extended to end of tomorrow. Anticipate trial date, etc. address speedy trial issue. Defense has been given written waiver of speedy trial. Discussed with Jake & that he had extended to Jan. 30, 2021. New waiver extends Jan. 30, 2021 thru October 1, 2021. Judge discussing Jake. He says he understands his waiver of speedy trial. if you waive your rights court can set date beyond. Says he did understand & signed document. Judge grants new waiver of speedy trial. A. Canepa wants to place on record something stated in chambers in Sept. that both Mr. Meyers & Mr. Mooney would never compromise their representation of Mr. Wagner. She wanted that on record. Defense says it wasn't proper to ask Jake to execute a waiver. We're not able to control, beholden to chain of command in their office. Will do as best they can, but they can't peer into a crystal ball. For them to make a declaration to represent to the best of their ability, subject to unforseeable things. Doesn't negate compelling reasons for Motion 51. State files Supplemental Discovery. Next Motions hearing on 5/12/21.
1/7/21 Update: Judge Randy D. Deering has set trial for 8/30/21 @ 8:30am. 2/22/21: Notice of intent to use other acts evidence pursuant to 404(B) filed. (Other acts evidence is evidence that on some other occasion the defendant, or a witness, behaved in a way that demonstrates his character. 2/22/21: Motion to compel the production of transcripts of audio recordings the State intends to use at trial; Motion to compel the production of "other acts" evidence. Motion to conduct a hearing as soon as possible regarding defendant's motion to compel discovery & the status of the State's compliance with discovery duties. 2/23/21: Supplemental memo in support of defendant's motion to conduct a hearing ASAP regarding defendant's motion to compel discovery & the status of State's compliance with discovery duties.
2/25/21: Motion #54: Motion to compel the production of "other Acts" evidence filed; Motion #55: Motion to compel the production of transcripts of audio recordings the State intends to use at trial filed; Motion #56: Motion to conduct a hearing ASAP regarding defendant's motion to compel discovery the status of the State's compliance with discovery duties filed; Motion #56.1: Supplement memo in support of defendant's motion to conduct a hearing ASAP filed. 3/4/21: Motion #54.1: Defendant's supplement memo in support of his motion to compel the production of "other Acts" evidence-filed; Motion #55.1: Defendant's supplement memo in support of his motion to compel the production of transcripts of audio recordings the State intends to use at trial filed. 3/8/21: Motion #54.1: Defendant's supplement memo in support of his motion to compel the production of "other acts" evidence. 3/9/21: Motion 55.1: Defendant's supplement memo in support of his motion to compel the production of transcripts of audio recordings the State intends to use at trial.
3/15/21 Update: Motion hearing on 4/12/21.
*Angela Jo Wagner (48/now 50) – Pretrial hearing on 6/24/20. No updates as of 4/12/21.
*George Washington Wagner IV (27/now 29) – Motions hearing on 4/28/21.
*George Washington Wagner III (47/now 49) – Motions hearing on 4/5/21. No update as of 4/12/21.
*Rita Jo Newcomb (65/now 68) – Motion hearing on 12/2//19 entered a plea of guilty. Will testify at the trials. No further court dates yet as of 4/12/21.
*Fredericka Carol Wagner (76/now 78) – 6/26/19: Charges were dismissed without prejudice.
