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

[ohioexpat63]

Why would the state not turn over the tapes? It seems to be a fairly straightforward deal. Is this some sort of gamesmanship? I'm really trying to understand the nuances of pre trial such as this.

 

[Covert Operative]

Why would the state not turn over the tapes? It seems to be a fairly straightforward deal. Is this some sort of gamesmanship? I'm really trying to understand the nuances of pre trial such as this.

I did think they would turn over the proffer since the judge ordered it. He made it clear the state should not expect another extension. I have several guesses why they have not tuned it over but they are just guesses.

 

[Cool Cats]

After this motion was filed today, a motion was filed today by Junk for another extension, then Defense filed another objection for extension today. I do not have those two documents.

08/16/2021 MOTION FOR EXTENSION OF DEADLINE FOR SUPPLEMENTAL DISCOVERY FILED Attorney: ROBERT JUNK

08/16/2021 OBJECTION TO STATE'S REQUEST FOR EXTENTION TO FILE DISCOVERY FILED (FAX)

*Document obtained from court view approved by moderator*
I think they are accusing them of proffer napping. ha

Sounds like they didn't get the proffer because just today the prosecution asked for an extension. If we could see the Motion it would explain the State's reasoning.

The extension was filed today so maybe it will be available later this week?

Perhaps the State is waiting for the judge to rule on it, like next month at George's Hearing.

Event: MOTION HEARING Date: 09/13/2021 Time: 01:30 PM

The judge will rule yes or no for the extension.
If anyone has theories about the extension be interesting to hear.

 

[almond]

Have any of the Defenses turned over their evidence? I can't seem to recall any, from any of them, despite repeated requests from the prosecution. Other than Deering's order, is the prosecution required by law to hand over the proffer?
As to the delay, maybe AC is working on the other two to come clean? I have no idea what's happening with this.

 

[Covert Operative]

Sounds like they didn't get the proffer because just today the prosecution asked for an extension. If we could see the Motion it would explain the State's reasoning.

The extension was filed today so maybe it will be available later this week?

Perhaps the State is waiting for the judge to rule on it, like next month at George's Hearing.

Event: MOTION HEARING Date: 09/13/2021 Time: 01:30 PM

The judge will rule yes or no for the extension.
If anyone has theories about the extension be interesting to hear.

The judge already ruled that the state had to turn it over no later than the 13th and should not expect an extension. So now they filed for a new extension today again.

 

[Covert Operative]

Have any of the Defenses turned over their evidence? I can't seem to recall any, from any of them, despite repeated requests from the prosecution. Other than Deering's order, is the prosecution required by law to hand over the proffer?
As to the delay, maybe AC is working on the other two to come clean? I have no idea what's happening with this.

No they have not turned any over and the state has asked 12ish times. G4 attorney is ordered by the judge to turn over reciprocal discovery 60 days after the proffer is turned over and can get more time if a need is shown.

The proffer is discovery so they are legally required to turn it over and the judge also ordered it to be turned over by the 13th.

 

[Cool Cats]

No they have not turned any over and the state has asked 12ish times. G4 attorney is ordered by the judge to turn over reciprocal discovery 60 days after the proffer is turned over and can get more time if a need is shown.

The proffer is discovery so they are legally required to turn it over and the judge also ordered it to be turned over by the 13th.

Say what?

So the defense is asking for sanctions and objecting to extensions when they are doing the same thing?

Not turning over discovery for going on 3 years....OK then. Plus Nash previously filed a motion about the same thing. Complaining the State hadn't turned over their discovery and asking for sanctions.

Interesting hearing next month I gotta say....

 

[almond]

No they have not turned any over and the state has asked 12ish times. G4 attorney is ordered by the judge to turn over reciprocal discovery 60 days after the proffer is turned over and can get more time if a need is shown.

The proffer is discovery so they are legally required to turn it over and the judge also ordered it to be turned over by the 13th.

Thank you. Has the judge ordered any of the defendants to hand over discovery before? I'm too tired to remember, must be bedtime for me.

 

[almond]

Say what?

So the defense is asking for sanctions and objecting to extensions when they are doing the same thing?

Not turning over discovery for going on 3 years....OK then. Plus Nash previously filed a motion about the same thing. Complaining the State hadn't turned over their discovery and asking for sanctions.

Interesting hearing next month I gotta say....

Nash does seem to like to grandstand, doesn't he? Seems a bit full of himself, imo.

 

[Dudly]

Say what?

So the defense is asking for sanctions and objecting to extensions when they are doing the same thing?

Not turning over discovery for going on 3 years....OK then. Plus Nash previously filed a motion about the same thing. Complaining the State hadn't turned over their discovery and asking for sanctions.

Interesting hearing next month I gotta say....

Apparently the Defense has nothing viable and wants to disrupt things to make the Prosecution look like the bad guys. What excuse could they possibly have for not turning ANYTHING over at this point. They may need the proffer to see how bad their defense is in comparison.
My opinion only...

 

[Cool Cats]

Nash does seem to like to grandstand, doesn't he? Seems a bit full of himself, imo.

Yah. I posted his closing argument a couple times and what your saying about him really shows. 3 sentences from it:

"First off I want to apologize ah, an hour and a half ago I felt like stopping this to remind the court that this isn't about Jake Wagner this isn't about Angela Wagner, this is about George Wagner the 4th."

"Really your honor, this whole case, if there is a case, and I'm not saying it is, but it's about Edward Jake Wagner and Angela Wagner."

"The only testimony we heard, and we can boil it down to one minute, and that's that they did everything together. And therefore based on that, they want the court to believe that the presumption is great that George Wagner was involved in a homicide."

 

[Cool Cats]

Apparently the Defense has nothing viable and wants to disrupt things to make the Prosecution look like the bad guys. What excuse could they possibly have for not turning ANYTHING over at this point. They may need the proffer to see how bad their defense is in comparison.
My opinion only...

Nothing viable, yup.

Next to the Wagner's 22 (23) felony charges there is no chance the jury will see the prosecution as the bad guys. Showboating.
... 2 Cent opinion ...

 

[Cool Cats]

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[Covert Operative]

Thank you. Has the judge ordered any of the defendants to hand over discovery before? I'm too tired to remember, must be bedtime for me.

I do not think so. I think the state asked for it officially this time.

 

[Covert Operative]

Say what?

So the defense is asking for sanctions and objecting to extensions when they are doing the same thing?

Not turning over discovery for going on 3 years....OK then. Plus Nash previously filed a motion about the same thing. Complaining the State hadn't turned over their discovery and asking for sanctions.

Interesting hearing next month I gotta say....

I believe G4 may have a hearing before that. The defense asked for an evidentiary hearing over the proffer. I am not sure the judge will let that go another month without ruling on that. He may rule on it before then without a hearing but not sure he would.

 

[Cool Cats]

I believe G4 may have a hearing before that. The defense asked for an evidentiary hearing over the proffer. I am not sure the judge will let that go another month without ruling on that. He may rule on it before then without a hearing but not sure he would.

Agree and I hope the evidentiary hearing will be sooner rather than later!

 

[Covert Operative]

Agree and I hope the evidentiary hearing will be sooner rather than later!

Well had I looked at court view first I would have seen this, so it seems it may be before Sept 13th.
08/17/2021 MOTION TO ADVANCE SEPTEMBER 13TH PRE-TRIAL HEARING CONCERNING DISCOVERY VIOLATIONS FILED (VIA FAX) Attorney: PARKER, JOHN PATRICK Attorney: NASH, JR, RICHARD M

 

[Cool Cats]

Well had I looked at court view first I would have seen this, so it seems it may be before Sept 13th.
08/17/2021 MOTION TO ADVANCE SEPTEMBER 13TH PRE-TRIAL HEARING CONCERNING DISCOVERY VIOLATIONS FILED (VIA FAX) Attorney: PARKER, JOHN PATRICK Attorney: NASH, JR, RICHARD M

Wow! Just what we were saying! Good.

 

[Johnny B Bad]

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A picture of Truth!

 

[Betty P]

No they have not turned any over and the state has asked 12ish times. G4 attorney is ordered by the judge to turn over reciprocal discovery 60 days after the proffer is turned over and can get more time if a need is shown.

The proffer is discovery so they are legally required to turn it over and the judge also ordered it to be turned over by the 13th.

IANAL, but I think this is part of the state's strategy to encourage the rest of the Wags to make a plea deal. JMO, there is doubtless plenty of irrefutable, first person witness and other evidence of the guilt of all 3. But keeping them guessing a little longer ratchets up the pressure and prevents them fantasizing about a future trial and acquittal or reduction in charges. There's no way the state is going to reduce their charges, now that they have all the evidence.

Take the plea deal now and get it over with or be convicted later on. Result is the same. They may earn some perks with a plea deal, but they'll get nothing when they're found guilty.

JMO