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

[Covert Operative]

Ok friendly debate. You and I interpret these words and meaning differently.

Saying she was not going to remove the DP "yet" is because there was not a date in the agreement of when that had to be done. *

I assume BW lawyer wants the judge to set a date for it to be done, order it done immediately or to clarify when it should be done.**

* I say the DP is removed after a guilty plea. That's the date.

**BW lawyer knows clarification on this issue is needed. He knows what AC means, but he plays his Defense Role.

I will add, I believe on DP cases, and on sentencing for Felony charges in general, the Judge has a responsibility for contributing opinion to sentencing decisions.
So there is that factor.
Would Judge Deering have an opinion. Judge Deering knows the evidence.
idk.

-The other Wagners have all pleaded not guilty. Jake Wagner's plea agreement, however, took the death penalty off the table for the rest of his family as well if they are convicted.
Jake Wagner of Rhoden family homicides in Pike County pleads guilty (dispatch.com)

-Edwards “Jake” Wagner accepted the plea deal. In exchange for removal of the death penalty in all four cases, Jake confessed, pleaded guilty to 23 charges and led investigators to the weapons and vehicles used.
‘Nobody expected this:’ Why a legal expert is shocked by Jake Wagner’s plea deal (fox19.com)
-The State is also agreeing to dismiss the death penalty specifications against the other family members and Jake will testify against his mom, dad and brother at their trials.
Jake Wagner pleads guilty in Pike County massacre (fox19.com)

 

[LMDlong]

Would AW be concerned about her own Mother, RN? Would AW plead guilty and accept LWOP to spare her Mom?
If AC wanted to play hardball, she could come up with with a few new serious charges against RN.
Maybe AW will see the light and plead guilty to stop it all from moving forward publicly and save her Mom the ordeal of a trial and potentially additional bad deeds coming out.

I don’t believe for a minute AW would do anything for her mother. And I don’t AC will add more charges to RN .

 

[LMDlong]

With this being the first event scheduled in her case for more than 14-1/2 months and the fact it was squeezed into the court's schedule only two days later, my money is on plea change. It appears to me that the prosecution rushed to get this hearing in right before GW4's hearing, thus showing GW4 and his team that the prosecution clearly has the upper hand here and that yet another co-defendant will be testifying against GW4 if he were foolish enough to go to trial. All JMO.

I agree. My mind is running.

 

[Covert Operative]

With this being the first event scheduled in her case for more than 14-1/2 months and the fact it was squeezed into the court's schedule only two days later, my money is on plea change. It appears to me that the prosecution rushed to get this hearing in right before GW4's hearing, thus showing GW4 and his team that the prosecution clearly has the upper hand here and that yet another co-defendant will be testifying against GW4 if he were foolish enough to go to trial. All JMO.

Her testimony could help G4 to a degree but not BW or it could be bad for both. We assume it would not be to G4's advantage but it could be. In the minds of his defense team they will take any help they can get however small it may be.

 

[LMDlong]

With this being the first event scheduled in her case for more than 14-1/2 months and the fact it was squeezed into the court's schedule only two days later, my money is on plea change. It appears to me that the prosecution rushed to get this hearing in right before GW4's hearing, thus showing GW4 and his team that the prosecution clearly has the upper hand here and that yet another co-defendant will be testifying against GW4 if he were foolish enough to go to trial. All JMO.

I agree. My mind is running.

-The other Wagners have all pleaded not guilty. Jake Wagner's plea agreement, however, took the death penalty off the table for the rest of his family as well if they are convicted.
Jake Wagner of Rhoden family homicides in Pike County pleads guilty (dispatch.com)

-Edwards “Jake” Wagner accepted the plea deal. In exchange for removal of the death penalty in all four cases, Jake confessed, pleaded guilty to 23 charges and led investigators to the weapons and vehicles used.
‘Nobody expected this:’ Why a legal expert is shocked by Jake Wagner’s plea deal (fox19.com)
-The State is also agreeing to dismiss the death penalty specifications against the other family members and Jake will testify against his mom, dad and brother at their trials.
Jake Wagner pleads guilty in Pike County massacre (fox19.com)

Deering said that if JW broke his agreement to testify that the DP would be put back. Can’t remember exact wording. Would the DP be put back on JW only or the whole family ?

 

[Dudly]

With all the charges against the Ws, what is the minimum number of years they would have to serve if they did not get LWOP? Wouldn’t 75 years with out parole basically be a life sentence?

 

[LMDlong]

With all the charges against the Ws, what is the minimum number of years they would have to serve if they did not get LWOP? Wouldn’t 75 years with out parole basically be a life sentence?

Then you got to times that by at least 8

 

[Covert Operative]

I agree. My mind is running.

Deering said that if JW broke his agreement to testify that the DP would be put back. Can’t remember exact wording. Would the DP be put back on JW only or the whole family ?

For all, was how I understand it and how it reads in the agreement to me.

 

[Covert Operative]

With all the charges against the Ws, what is the minimum number of years they would have to serve if they did not get LWOP? Wouldn’t 75 years with out parole basically be a life sentence?

If that was the sentence or plea agreement yes it would be basically the same but not technically the same. I speculate that something similar to 80 years was offered to two of them 5 months ago.

 

[LMDlong]

For all, was how I understand it and how it reads in the agreement to me.

That’s how I was understanding it , just wanted to get another opinion. Thanks

 

[Covert Operative]

IMO Either LWOP or mental illness, which I don’t think will fly.

I had not thought of the mental illness being a factor in the motion hearing. I think a motion would have to be filed for that specifically but one could be filed tomorrow right before the hearing.

 

[Covert Operative]

That’s how I was understanding it , just wanted to get another opinion. Thanks

We all understand legal wording and things different so that may not be correct. If you have not already read the agreement, then you could read it and you may have the same or a different conclusion.

 

[Ann99]

There certainly is no wording in the documents that leads me to believe that the DP will only be removed if they plead guilty.

I do not think it matters what AC means, I think it matters what is in the agreement.

Ok I'll agree on that point.

 

[Ann99]

With all the charges against the Ws, what is the minimum number of years they would have to serve if they did not get LWOP? Wouldn’t 75 years with out parole basically be a life sentence?

Yes. 8 felony murder = 80 years. Plus other charges.

 

[Ann99]

I don’t believe for a minute AW would do anything for her mother. And I don’t AC will add more charges to RN .

Exactly. AC doesn't seem like a person who would help her Mother, or other family members on her family side. I don't really think AC will add more charges to RN either (although it may come out that she could) unless evidence of a very serious nature comes out against her in court or witness testimony and new charges can not be avoided.
BUT, AC can try to use all this as leverage in negotiating with AW lawyers and then AW Lawyers must carry that info on to AW along with implications and advice.

Where is CC?
We could use some good reference material on how to Defend a GUILTY client.
What A Defense Lawyer can and can not do.
Responsibilities, Advice to a GUILTY client facing DP or LWOP.

There comes a point when the Defense Lawyers must face evaluating the States case/evidence, make a decision and render their opinion/advice to the client.

 

[Antimony]

Watch the local media. Someone might tip them off if there is a big development. Look to see if major reporters and staff show up
at the courthouse and set up outside. By major, I mean Dayton, Columbus and Cincinnati.

 

[LMDlong]

We all understand legal wording and things different so that may not be correct. If you have not already read the agreement, then you could read it and you may have the same or a different conclusion.[/Q

agree

 

[IType]

Her testimony could help G4 to a degree but not BW or it could be bad for both. We assume it would not be to G4's advantage but it could be. In the minds of his defense team they will take any help they can get however small it may be.

Very true.

 

[LMDlong]

Watch the local media. Someone might tip them off if there is a big development. Look to see if major reporters and staff show up
at the courthouse and set up outside. By major, I mean Dayton, Columbus and Cincinnati.

Cincinnati is usually there.

 

[IType]

Watch the local media. Someone might tip them off if there is a big development. Look to see if major reporters and staff show up
at the courthouse and set up outside. By major, I mean Dayton, Columbus and Cincinnati.

I looked online yesterday and again just now to see if there were any headlines about AW's hearing tomorrow. I've not seen anything yet. I'm not sure if the media knows yet.