GUILTY OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #64

[Covert Operative]

maybe it bought the prosecution more time.

it states that it has to do with a “remaining piece of evidence “.

Extending the deadline for the remaining piece of evidence (which is the proffer) is what I think it means. Not that there is new piece of evidence but there could be.

There are several things I can think of that would make them want to hold it but not a legal reason to hold it.
They have to turn it over. It will be the same proffer 5 months ago, 30 days from now or a year from now.

 

[LMDlong]

Remaining piece of evidence?

Guns? Knife? Vehicles?

Something new?

Hummm...

Imo I think it will be something to do with George … maybe some proof about Jake’s head injury .

 

[LMDlong]

Extending the deadline for the remaining piece of evidence (which is the proffer) is what I think it means. Not that there is new piece of evidence but there could be.

There are several things I can think of that would make them want to hold it but not a legal reason to hold it.
They have to turn it over. It will be the same proffer 5 months ago, 30 days from now or a year from now.

That makes sense. Thanks

 

[LMDlong]

The not having a legal reason to hold it concerns me .

 

[Covert Operative]

Imo I think it will be something to do with George … maybe some proof about Jake’s head injury .

You think JW has agreed to have his medical/mental records turned over to G4? I do believe he could agree to that if he chose. The state may try to fight it if he did. Not sure what that would have with the hold up of turning over the proffer though.

 

[Covert Operative]

The not having a legal reason to hold it concerns me .

There probably is one, I just can't think of a good one. It only matters if the judge thinks they have a good reason. I do think in defense motions the lawyer said that he cannot property defend G4 and that he is not getting adequate representation beause of it or something like that. So that may come back up later.

 

[altojack]

Remaining piece of evidence?

Guns? Knife? Vehicles?

Something new?

Hummm...

Someone new?

Maybe JW has dropped a bombshell

 

[Ann99]

I think they may be covering all bases in case JW knows something useful, not necessarily because he knows something useful. It is hard to guess what may be going on with this case. It could even be a bluff to make someone think he will rat on them...

JUST SPECULATING, it could be something related to the Glock purchase on the HWY. Maybe BCI has found that man who sold the Glock. Or that person has come forward with additional important information that had to be verified.
Or maybe the NY State Fugitive is talking about life at FWF to make his own plea deal in NY.
Or Jake did provide info. on the location of a piece of evidence and it had not been physically located until that late date.
It almost has to be related to a weapon. Or solid first hand eye witness testimony.

 

[LMDlong]

You think JW has agreed to have his medical/mental records turned over to G4? I do believe he could agree to that if he chose. The state may try to fight it if he did. Not sure what that would have with the hold up of turning over the proffer though.

I don’t think he agreed . JMO during the meetings between the prosecution and defense I think AW told the prosecution something about Jake’s head injury.

 

[Sunshine99]

With Jake pleading and judged guilty and agreeing to testify against the other family members, their only defense is "you cant believe him, he is a convicted murderer". jmo

 

[Antimony]

Remaining piece of evidence?

Guns? Knife? Vehicles?

Something new?

Hummm...

Maybe Bucket Number 1 (contents)?

 

[Ann99]

Maybe Bucket Number 1 (contents)?

I think you may be correct on this thought. Great observation.

It was clever of the State to not mention more about bucket #1
Bet they had more investigating to do on the contents, and that was completed just at the deadline.

 

[Ann99]

With Jake pleading and judged guilty and agreeing to testify against the other family members, their only defense is "you cant believe him, he is a convicted murderer". jmo

Right!
All the defense can do is attack the evidence.

 

[Ann99]

I don’t think he agreed . JMO during the meetings between the prosecution and defense I think AW told the prosecution something about Jake’s head injury.

I didn't see the posts about Jake and a head injury. Can someone fill me in on it?
Or is it just a claim of the Defense without any merit?

 

[Ann99]

You think JW has agreed to have his medical/mental records turned over to G4? I do believe he could agree to that if he chose. The state may try to fight it if he did. Not sure what that would have with the hold up of turning over the proffer though.

MO
If Jake's medical and mental records show good physical and mental health,
State may have wanted to provide that info. However, hard to believe there is good mental health going on there.
MO and offered for discussion
I think the Proffer can be held up for a small variety of reasons, most likely an argument of "work product". I'm trying to guess as to AC legal basis. Or one of her legal strategies.
If you scan the bottom half of this link, it gives possibility to that protection. Although this link speaks to the position of a Defense attorney, I believe same can be applied to Prosecutor in unusual circumstances.
Protecting Attorney Proffer Notes From Discovery - Criminal Law - United States

 

[Covert Operative]

I didn't see the posts about Jake and a head injury. Can someone fill me in on it?
Or is it just a claim of the Defense without any merit?

In a motion the defense filed to get JW medical and mental records, they said something about him possibly having a head injury as a child. Not sure why they thought that or who had told them that.

 

[Covert Operative]

MO
If Jake's medical and mental records show good physical and mental health,
State may have wanted to provide that info. However, hard to believe there is good mental health going on there.
MO and offered for discussion
I think the Proffer can be held up for a small variety of reasons, most likely an argument of "work product". I'm trying to guess as to AC legal basis. Or one of her legal strategies.
If you scan the bottom half of this link, it gives possibility to that protection. Although this link speaks to the position of a Defense attorney, I believe same can be applied to Prosecutor in unusual circumstances.
Protecting Attorney Proffer Notes From Discovery - Criminal Law - United States

MO
If Jake's medical and mental records show good physical and mental health,
State may have wanted to provide that info. However, hard to believe there is good mental health going on there.
MO and offered for discussion
I think the Proffer can be held up for a small variety of reasons, most likely an argument of "work product". I'm trying to guess as to AC legal basis. Or one of her legal strategies.
If you scan the bottom half of this link, it gives possibility to that protection. Although this link speaks to the position of a Defense attorney, I believe same can be applied to Prosecutor in unusual circumstances.
Protecting Attorney Proffer Notes From Discovery - Criminal Law - United States

It was the defense asking to get those records not the state. They must think it will help them in their defense in some way. I assume it is evaluations that JW lawyers had done on him in case he had gotten to the mitigation phase of a trial. They probably would not be positive medical/mental health records.

I beileve JW could agree on his own to release those records to the defense. G4 defense may be able to have their own evaluation done of JW if approved by a court but I am not sure about that.

 

[Ann99]

In a motion the defense filed to get JW medical and mental records they said something about him possibly having a head injury as a child. Not sure why they thought that or who had told them that.

Thanks!

 

[Ann99]

It was the defense asking to get those records not the state. They must think it will help them in their defense in some way. I assume it is evaluations that JW lawyers had done on him in case he had gotten to the mitigation phase of a trial. They probably would not be positive medical/mental health records.

I beileve JW could agree on his own to release those records to the defense. G4 defense may be able to have their own evaluation done of JW if approved by a court but I am not sure about that.

I see what you are saying here.
MOO
I think it becomes confusing, because Jake could have given access to The State, AC, during the process of the guilty plea. The State would have wanted to know if he was capable of truth or trust and not face an ambush over medical records indicating JW was incapable. MOO.
MO
Part of the difficulty to completely understand the Agreement, Plea Deal, Proffer-
It has shifted to seem as if the Prosecutor is in the possession of information about JW or his knowledge of certain things and is almost acting as a State of Ohio Defense Attorney in guarding this evidence or information.
I may not have stated that well, but I do see complex legal issues here. All legitimate but maybe debatable.

 

[Ann99]

Just adding this.
Now that Jake has confessed to guilt and is basically under the control of The State:
Is Jake considered a witness for the State?
Do Jake's Attorneys still play a role?
My thought is, and I could be wrong, any motions for production of records, evidence
from JW, no matter which other Defense Attorney, are under the control of AC.
Could be why The State delayed much of what we question. Again, I may not be stating this well.
Any discussion s appreciated.