GUILTY OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #60

[Johnny B Bad]

He is scared today, JMO

 

[Betty P]

Hearing for 3 motions filed Feb and March 4

Jake W appears without restraint in street clothes. Attorney absent , Jake says ok with substitute attorney. Special Agent Jenkins instead of Scheiderer.

May 12, 2021 is all day motion hearing, but other motions resulted in request for sooner hearing - today.

Motion 54 - Other Acts
55 - transcripts, etc.

Defense withdrawing 55 and 56. Address only 54.

Defense says state provided evidence to their external hard drive for items in 55 and 56. Asking court today to instead of issuing a ruling today refinement something about jurisprudence. Something about asking they include explanation of why they want to use all other acts listed and if it's relevant.

Says they need to satisfy some restrictions in 44 B, etc. prejudicial impact

AC says it was a notice of what they intend to use. If Wagner objects to any of the other acts, he should say so. Judge says burden remains on state to show it fits the exception and comply with Supreme Court's guidance. Does defense intend to file written objection or make oral objection. Do they want to schedule a hearing or use May 12 hearing to address objections to other acts

Defense says they object to all other acts. Some are irrelevant, etc. Says prejudicial impact is far above probative value.

State says they need more specific info about objection to each specific act.

Judge says state is required to show they are admissible. Not requiring defense to specify objections.

Withdrawing Motion 47 ballistics evidence. After consultation gave further thought about the motion decided to withdraw Motion 47 and 48.

Other name of John corneli? Has resigned job, now Delaware Co public defender, so is no longer involved.

State - He indicated "their experts". Appointments of experts - state wants more info about defense experts. Have not received anything.

Jake slipped his mask down and is showing nose and mouth. While AC is talking.

Judge asking Jake routine questions about access to attorneys, etc.

Everyone leaving.

 

[Betty P]

Hard to hear again, as background noise drowns things out. Will have to listen again to hear all they were saying when arguing about the Other Acts evidence.

Jake leaves mask around his neck as he leaves.

Interesting that news media video cameraman decided to switch to view of Jake w/ mask down while AC was talking.

So now it appears there won't be any defense attempts to keep ballistics and shoe print evidence out of Jake's trial. State experts will testify. That may have something to do with AC then reminding the judge that the defense needs to supply info about expert witnesses who will be testifying on behalf of Jake.

 

[Tiff23fr]

Hearing for 3 motions filed Feb and March 4

Jake W appears without restraint in street clothes. Attorney absent , Jake says ok with substitute attorney. Special Agent Jenkins instead of Scheiderer.

May 12, 2021 is all day motion hearing, but other motions resulted in request for sooner hearing - today.

Motion 54 - Other Acts
55 - transcripts, etc.

Defense withdrawing 55 and 56. Address only 54.

Defense says state provided evidence to their external hard drive for items in 55 and 56. Asking court today to instead of issuing a ruling today refinement something about jurisprudence. Something about asking they include explanation of why they want to use all other acts listed and if it's relevant.

Says they need to satisfy some restrictions in 44 B, etc. prejudicial impact

AC says it was a notice of what they intend to use. If Wagner objects to any of the other acts, he should say so. Judge says burden remains on state to show it fits the exception and comply with Supreme Court's guidance. Does defense intend to file written objection or make oral objection. Do they want to schedule a hearing or use May 12 hearing to address objections to other acts

Defense says they object to all other acts. Some are irrelevant, etc. Says prejudicial impact is far above probative value.

State says they need more specific info about objection to each specific act.

Judge says state is required to show they are admissible. Not requiring defense to specify objections.

Withdrawing Motion 47 ballistics evidence. After consultation gave further thought about the motion decided to withdraw Motion 47 and 48.

Other name of John corneli? Has resigned job, now Delaware Co public defender, so is no longer involved.

State - He indicated "their experts". Appointments of experts - state wants more info about defense experts. Have not received anything.

Jake slipped his mask down and is showing nose and mouth. While AC is talking.

Judge asking Jake routine questions about access to attorneys, etc.

Everyone leaving.

Thanks @Betty P - I wasn’t able to hear some of it. Below are the motions referenced in your post above:

(MOTION #55) MOTION TO COMPEL THE PRODUCTION OF TRANSCRIPTS OF AUDIO RECORDINGS THE STATE INTENDS TO USE AT TRIAL FILED (FAX)
(MOTION #56) MOTION TO CONDUCT A HEARING AS SOON AS POSSIBLE REGARDING DEFENDANT'S MOTION TO COMPEL DISCOVERY AND THE STATUS OF THE STATE"S COMPLIANCE WITH DISCOVERY DUTIES FILED (FAX)
STATE'S MEMORANDUM CONTRA DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL EVIDENTIARY HEARING TO DETERMINE THE ADMISSIBILITY OF BALLISTICS EVIDENCE AND OPINIONS (MOTION 47) FILED
#48 DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL EVIDENTIARY HEARING TO DETERMINE THE ADMISSIBILITY OF SHOEPRINT EVIDENCE AND OPINIONS FILE

(Copied from pikecountycpcourt.org)

 

[Johnny B Bad]

He is scared today, So is is it safe to say that 47 and 48 is evidence about ballistic evidence and shoe prints, that the defense does not plan to fight it????

 

[Betty P]

He is scared today, JMO

He wasn't scared of COVID 19, though. Wonder if he's already received the vaccine or has contracted and recovered from it?

I'm kind of surprised no one said anything to him or made an attempt to make him put his mask back on.

 

[Johnny B Bad]

Today’s court is just like all the rest of Jakes past court dates a whole lot of waiting for nothing to be said, JMO

 

[Betty P]

Thanks @Betty P - I wasn’t able to hear some of it. Below are the motions referenced in your post above:

(MOTION #55) MOTION TO COMPEL THE PRODUCTION OF TRANSCRIPTS OF AUDIO RECORDINGS THE STATE INTENDS TO USE AT TRIAL FILED (FAX)
(MOTION #56) MOTION TO CONDUCT A HEARING AS SOON AS POSSIBLE REGARDING DEFENDANT'S MOTION TO COMPEL DISCOVERY AND THE STATUS OF THE STATE"S COMPLIANCE WITH DISCOVERY DUTIES FILED (FAX)
STATE'S MEMORANDUM CONTRA DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL EVIDENTIARY HEARING TO DETERMINE THE ADMISSIBILITY OF BALLISTICS EVIDENCE AND OPINIONS (MOTION 47) FILED
#48 DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL EVIDENTIARY HEARING TO DETERMINE THE ADMISSIBILITY OF SHOEPRINT EVIDENCE AND OPINIONS FILE

(Copied from pikecountycpcourt.org)

Thanks! It sounds like the next motion hearing (all day hearing according to Judge Deering) will include arguments about the Other Acts evidence.

Will the May 12 hearing be the time when they argue about things like the jury questionnaire, sequestering, excluding graphic photos, etc?

At this point, they should be making some decisions regarding how the trial will be conducted. It's scheduled for August, but there's a lot of work to do before then. That's probably why they were discussing before the hearing where to seat spectators, opening the upper gallery, etc.

For reference, see 30+ motions filed back on 9/17/2019

09/17/2019 DEFENDANT'S CERTIFICATE OF SERVICE FOR THE THIRTY-FIVE (35) DEFENSE MOTIONS FILED SEPTEMBER 17, 2019 FILED
09/17/2019 DEFENSE MOTION #12 MOTION FOR RELIEF FROM PAYMENT OF FEES RELATED TO THE ISSUANCE OF DEFENSE SUBPOENAS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #13 MOTION TO PROHIBIT ANY REFERENCES TO THE FIRST PHASE OF THESE PROCEEDINGS AS THE "GUILT PHASE" FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #14 MOTION TO SUBMIT A DETAILED JURY QUESTIONNAIRE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #15 MOTION FOR SPECIAL PROCEDURES TO INSULATE THE VENIRE AND THE IMPANELED JURY FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #16 MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE ON DEATH PENALTY, PUBLICITY, AND OTHER ISSUES AND ALTERNATING VOIR DIRE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #17 MOTION FOR COMPREHENSIVE VOIR DIRE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #18 MOTION TO EXCLUDE VIREPERSONS WHO CANNOT FAIRLY CONSIDER MITIGATING EVIDENCE AND/OR WHO WOULD AUTOMATICALLY VOTE FOR DEATH UPON A FINDING OF GUILT IN THE CULPABILITY PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #19 MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #20 MOTION IN LIMINE TO EXCLUDE GRUESOME OR REDUNDANT PHOTOGRAPHS OF THE DECEASED FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #21 MOTION IN LIMINE TO PROHIBIT THE PREJUDICIAL DISPLAY OF TANGIBLE THINGS AND/OR PHOTOGRAPHS DURING TRIAL FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #22 MOTION IN LIMINE TO PROHIBIT VICTIM-IMPACT EVIDENCE DURING THE TRIAL AND, IF NECESSARY, THE MITIGATION PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #23 MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #24 MOTION TO PERMIT DEFENSE TO ADMIT ALL RELEVANT MITIGATING EVIDENCE IN THE MITIGATION PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION # 25 MOTION TO DETERMINE AND LIMIT PLAINTIFF'S SENTENCING PHASE EVIDENCE OUTSIDE THE PRESENCE OF THE JURY FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #26 MOTION IN LIMINE TO LIMIT PROSECUTOR'S EVIDENCE AND ARGUMENT AT THE MITIGATION PHASE TO THE AGGRAVATING CIRCUMSTANCES PROVEN AT THE TRIAL PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #27 MOTION TO ALLOW THE DEFENSE TO ARGUE LAST AT THE MITIGATION PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #28 MOTION IN LIMINE TO LIMIT SCOPE OF ANY REBUTTAL EVIDENCE OFFERED BY THE STATE IN THE MITIGATION PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #29 MOTION IN LIMINE TO PROHIBIT THE STATE FROM EMPLOYING PREJUDICIAL ARGUMENTS AND THEMES FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #30 MOTION IN LIMINE REGARDING EVIDENCE AND ARGUMENTS RELATED TO ANY "MENTAL HEALTH" EVIDENCE PRESENTED IN MITIGATION FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #31 MOTION IN LIMINE TO PROHIBIT THE STATE FROM COMMENTING ON DEFENDANT'S UNSWORN STATEMENT FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION # 32 MOTION TO PROHIBIT THE PROSECUTION FROM ARGUING AND THE COURT FROM GIVING INSTRUCTIONS REGARDING STATUTORY MITIGATING FACTORS NOT RAISED BY THE DEFENSE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #33 MOTION IN LIMINE REGARDING THE ADMISSIBILITY OF MITIGATING EVIDENCE THAT POST-DATES DEFENDANT'S ARREST FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #34 MOTION TO AVOID COERCIVE PRACTICES DURING MITIGATION PHASE DELIBERATIONS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #35 MOTION FOR INSTRUCTION THAT THE DEFENDANT BEARS NO BURDEN OF PROOF AT THE MITIGATION PHASE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #36 MOTION TO INSTRUCT THE JURY ON THE SPECIFIC MITIGATING FACTORS RAISED BY DEFENSE FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #37 MOTION TO INSTRUCT THE JURY TO CONSIDER MERCY IN ITS MITIGATION PHASE DELIVERATIONS, AND TO PROHIBIT THE PROSECUTOR FROM ARGUING THAT THE JURY SHOULD NOT CONSIDER MERCY FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #38 MOTION TO INSTRUCT THE JURORS THAT THEY MAY CONSIDER RESIDUAL DOUBT AS A MITIGATING FACTOR FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #39 MOTION IN LIMINE PROHIBITING (A) COMMENTS ON THE COSTS TO TAXPAYERS FORM DEFENDANT'S DEFENSE, AND (B) COMMENTS ON THE COSTS CONNECTED WITH DEFENSE EXPERTS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #40 MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #41 MOTION FOR A COURTROOM DECORUM ORDER TO ENSURE A FAIR TRIAL FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #42 DEFENDANT'S MOTION IN LIMINE REGARDING OHIO R. EVID. 803(8): LIMITED ADMISSIBILITY OF LAW ENFORCEMENT RECORDS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENDANT'S MOTION #43 MOTION FOR A PRE-TRIAL COPY OF THE TRANSCRIPT OF THE GRAND JURY PROCEEDINGS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #44 MOTION FOR DAILY TRANSCRIPTS FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #45 MOTION FOR WRITTEN JURY INSTRUCTIONS AND AN OPPORTUNITY TO REVIEW THEM BEFORE THE JURY IS INSTRUCTED FILED Attorney: MEYERS, GREGORY W
09/17/2019 DEFENSE MOTION #46 MOTION FOR RULINGS ON ALL MOTIONS NO LATER THAN THE START OF VOIR DIRE FILED Attorney: MEYERS, GREGORY W

https://pikecountycpcourt.org/eserv...vw2wu3b4BH-AN1A-4L*EtfTKn5F31ydbfuLgebUtbGvvQ

 

[Johnny B Bad]

Did one of Jakes attorneys quit???

 

[everybodhi]

Today’s court is just like all the rest of Jakes past court dates a whole lot of waiting for nothing to be said, JMO

Allowing that ballistic evidence to stay in is kind of an accomplishment. I assume they are referring to the shell casings that weren’t gathered from the Wagner’s property until a search years after the fact that match casings at the crime scene.

 

[Betty P]

They'll probably try to choose a Pike County jury. JMO, sequestering would be a good idea if they can do it.

 

[Betty P]

Did one of Jakes attorneys quit???

He was a public defender who left to work for Delaware County and couldn't do the work.

 

[Johnny B Bad]

He looked more pissed off than mad leaving his mask down I wonder what was said in the back room also you’re right (everybody hi) getting the ballistic evidence in was great for the prosecution, I still would like to see a hearing like GW4 was when BCI took the stand, JMO

 

[Johnny B Bad]

I’m surprised Judge Deering didn’t say something to Jake for having his mask down, JMO He must have been reading from his notes when Jake did it, JMO
Are there a possibility of more court date delays over Jakes attorneys moving on to another job????

 

[Niner]

So - next court date May 12 ?? TIA!

 

[Covert Operative]

He is scared today, So is is it safe to say that 47 and 48 is evidence about ballistic evidence and shoe prints, that the defense does not plan to fight it????

He wasn't scared of COVID 19, though. Wonder if he's already received the vaccine or has contracted and recovered from it?

I'm kind of surprised no one said anything to him or made an attempt to make him put his mask back on.

He had covid a few months back.

 

[Johnny B Bad]

The (Other Acts) evidence is the Nail in each of the 4WAGNERS Coffins, IMO
It sure has the three male Wagners upset, JMO

 

[Covert Operative]

He is scared today, So is is it safe to say that 47 and 48 is evidence about ballistic evidence and shoe prints, that the defense does not plan to fight it????

My guess is they will join the other lawyers and ask for a Daubert hearing on it. G3 is the only one that filed for a Daubert hearing so far. The judge may or may not allow the Daubert hearing but I tend to think he will. They probably plan to bring in their own experts to testify it is junk science if it does get admitted after the hearing, which I think it would.

 

[Betty P]

So - next court date May 12 ?? TIA!

Yes, at 9 am. Motion hearing.

https://pikecountycpcourt.org/eserv...vw2wu3b4BH-AN1A-4L*EtfTKn5F31ydbfuLgebUtbGvvQ

 

[Covert Operative]

So - next court date May 12 ?? TIA!

G4 has a court date April 28th