GUILTY OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #66

[Betty P]

Thanks for posting this summary of the charges against Jake and all the other Wagners. I didn't hear her say that George W4 didn't commit any of the murders. She reiterates that all 4 family members are guilty of all the charges against them, whether by direct action or complicity.

Angela Wagner's hearing was after this. When announcing the plea agreement AC did state that AW was not at the crime scenes that night, but helped in the planning and cover up and that she knew what the other Wagner's planned when they left that night and knew about the murders after they told her upon returning home.

 

[Chris_p_bacon]

Can someone tell me when the next hearing for any of the wagners. For some reason I keep thinking there is one this coming monday(October 25). But I can not find it.

 

[arielilane]

Can someone tell me when the next hearing for any of the wagners. For some reason I keep thinking there is one this coming monday(October 25). But I can not find it.

Pike County Rhoden case: George Wagner IV attorneys say he shot no one

George Wagner IV is due back in court on Oct. 25. Billy Wagner’s next hearing is scheduled for Nov. 17.

 

[Chris_p_bacon]

Pike County Rhoden case: George Wagner IV attorneys say he shot no one

George Wagner IV is due back in court on Oct. 25. Billy Wagner’s next hearing is scheduled for Nov. 17.

excellent. Thank you.

 

[altojack]

Pike County Rhoden case: George Wagner IV attorneys say he shot no one

George Wagner IV is due back in court on Oct. 25. Billy Wagner’s next hearing is scheduled for Nov. 17.

Thanks for the dates, I had George on October 25 but had missed Billy out. All sorted now.

Can't wait to see what Billy behaves like. What's he gonna say.

 

[Betty P]

Thanks for the dates, I had George on October 25 but had missed Billy out. All sorted now.

Can't wait to see what Billy behaves like. What's he gonna say.

I predict Billy will continue to take the same approach as in prior hearings - no remorse, belligerent, hostile, insulting and disrespectful to prosecution and the surviving family members. He's a typical Wagner - he feels entitled to kill 8 people and still call himself a Christian. Because he's a Wagner, he's outraged that anyone questions his actions. He's been raised to think he's better than everyone else. He will have to be reminded to stand when the judge enters the courtroom.

He will continue to deny everything and will go to trial, expecting to be acquitted. I'll be surprised if he pleads guilty and accepts LWOP. If he does consider it, he'll want ridiculous terms. If he ever gets out of prison, he will definitely take revenge against the people who put him there.

That said, Billy's attorneys are more professional and knowledgeable than GW4's. They seem less likely to be hostile and disrespectful towards the court, the state and the victims' families.

 

[IType]

I predict Billy will continue to take the same approach as in prior hearings - no remorse, belligerent, hostile, insulting and disrespectful to prosecution and the surviving family members. He's a typical Wagner - he feels entitled to kill 8 people and still call himself a Christian. Because he's a Wagner, he's outraged that anyone questions his actions. He's been raised to think he's better than everyone else. He will have to be reminded to stand when the judge enters the courtroom.

He will continue to deny everything and will go to trial, expecting to be acquitted. I'll be surprised if he pleads guilty and accepts LWOP. If he does consider it, he'll want ridiculous terms. If he ever gets out of prison, he will definitely take revenge against the people who put him there.

That said, Billy's attorneys are more professional and knowledgeable than GW4's. They seem less likely to be hostile and disrespectful towards the court, the state and the victims' families.

Do you think AW's giving information about her family's other crimes (per AC's statement at AW's plea change hearing) will have any effect on BW's attitude or deciding to change his plea? IMO, AC's specifically stating that AW gave this information was an outright warning to Billy and/or GW4 to give up and change their plea to guilty, or else.

IMO, a normal person would heed that warning, but--of course--the W's aren't normal people. I hope AC really comes down hard on BW and/or GW4 for every single crime that AW gave info on, especially BW if he has murdered anyone else. BW's other acts evidence states: Allegations that defendant has killed/plotted/threatened to kill others before.

I have my doubts that either GW4 or JW have committed murder in the past. But as for BW, I wouldn't want to bet any money he hasn't killed before based on this other acts evidence statement.

JMO

 

[altojack]

JMO I believe BW has killed before.

 

[Betty P]

Do you think AW's giving information about her family's other crimes (per AC's statement at AW's plea change hearing) will have any effect on BW's attitude or deciding to change his plea? IMO, AC's specifically stating that AW gave this information was an outright warning to Billy and/or GW4 to give up and change their plea to guilty, or else.

IMO, a normal person would heed that warning, but--of course--the W's aren't normal people. I hope AC really comes down hard on BW and/or GW4 for every single crime that AW gave info on, especially BW if he has murdered anyone else. BW's other acts evidence states: Allegations that defendant has killed/plotted/threatened to kill others before.

I have my doubts that either GW4 or JW have committed murder in the past. But as for BW, I wouldn't want to bet any money he hasn't killed before based on this other acts evidence statement.

JMO

I agree, BW may have killed before. We do know from the OA evidence that he seriously threatened the life of GW4's partner and mother of his child. BW frightened her so badly she had to escape from their home in the middle of the night.

Equally significant is the fact that GW4 likely witnessed BW's prior threatening behavior and did nothing to stop it or to protect his partner or help her escape to safety.

JMO, Billy has a big ego and sense of entitlement. I think he may ignore Prosecutor Canepa's warnings about the mountain of evidence against him. JMO, he's emboldened by his own attorneys and the prospect of having the DP removed. It may have encouraged him to take the gamble of going to trial and winning acquittal or reduced charges.

The criminal justice system has treated him favorably in the past and he probably thinks he can swing it in his favor again. Critical to that is having people who support and identify with him, namely his attorneys, family, etc.

JMO, Billy and GW4 both probably hold the unwavering belief that the victims deserved what they got. They really believed in their "Boondock Saints" dogma that they were doing God's work by ridding the community of "bad people" like the Rhodens. That delusion is at the core of their passionate beliefs that they deserve to be acquitted or let off with little or no consequences. JMO, there are people who are reinforcing those beliefs, including attorneys, family members, etc.

JMO, GW4's attorneys have been successful in creating a "fan club" of sorts of people who identify with GW4 and support his "crusade" to be set free. Thanks to clever tactics, they've convinced a (hopefully) small group of people that he's really a good guy, it was all Jake's fault, Rhodens kind of deserved it, etc., etc. JMO, I have some concerns this misguided "goodwill" towards GW4 could also be transferred to Billy, too.

"It was all Jake and Angela's fault". "If it hadn't been for them, GW4 and Billy never would have killed anyone". That kind of toxic messaging in a media blackout about the details of the Rhoden Massacre can make AC's job more difficult, JMO. Those beliefs make GW4 and Billy unafraid to challenge the testimony and proffers of Jake and Angela Wagner. JMO

JMO, Whether GW4 or Billy Wagner committed murder in the past is irrelevant. There's a massive amount of evidence they murdered some of the 8 innocent people on the night of April 23, 2016. That evidence shows they had motive, means and opportunity, that they actually committed all of the crimes they're charged with.

All JMO

 

[Covert Operative]

Do you think AW's giving information about her family's other crimes (per AC's statement at AW's plea change hearing) will have any effect on BW's attitude or deciding to change his plea? IMO, AC's specifically stating that AW gave this information was an outright warning to Billy and/or GW4 to give up and change their plea to guilty, or else.

IMO, a normal person would heed that warning, but--of course--the W's aren't normal people. I hope AC really comes down hard on BW and/or GW4 for every single crime that AW gave info on, especially BW if he has murdered anyone else. BW's other acts evidence states: Allegations that defendant has killed/plotted/threatened to kill others before.

I have my doubts that either GW4 or JW have committed murder in the past. But as for BW, I wouldn't want to bet any money he hasn't killed before based on this other acts evidence statement.

JMO

From G4 defense motions filed on Friday it seems as though he is still planning on a trial although that could change between now and April. Since neither can get the DP if JW testifies truthfully, there seems to be no legal incentive to take LWOP, just as was the case with AW. If the discovery that was given is in G4 favor as they see it, then they will probably try to use that for a better plea deal.

I could see AW giving information on things like arson, theft etc. but would be surprised if she gave info on other murders. If it was information on things besides murders then it might not matter much legally since they are facing LWOP anyway. If it was info on another murder by BW or G4 then it could put the DP back on the table for either of them in a new case.

 

[Cool Cats]

• 2018CR000155 STATE OF OHIO -vs- WAGNER, IV, GEORGE WASHINGTON

Event: MOTION HEARING
Date: 10/25/2021
Time: 01:30 PM

 

[Betty P]

From G4 defense motions filed on Friday it seems as though he is still planning on a trial although that could change between now and April. Since neither can get the DP if JW testifies truthfully, there seems to be no legal incentive to take LWOP, just as was the case with AW. If the discovery that was given is in G4 favor as they see it, then they will probably try to use that for a better plea deal.

I could see AW giving information on things like arson, theft etc. but would be surprised if she gave info on other murders. If it was information on things besides murders then it might not matter much legally since they are facing LWOP anyway. If it was info on another murder by BW or G4 then it could put the DP back on the table for either of them in a new case.

BBM

Fortunately, its very unlikely the state will give either Billy or GW4 a better deal than LWOP. Prosecutor Canepa has committed to having the consent of the victim's families for any plea deal and it's highly unlikely they will agree to any special deals for those two monsters. They've all been very patient through a nightmare that's lasted since 2016. JMO, they're not going to budge on these two.

Prosecutor Canepa doesn't have to follow the wishes of the victims' families, but she has chosen to do so.

ETA: I hope the surviving family members aren't receiving any threats or pressure from any Wagner associates to pressure AC to give George and his dad Billy a cushy plea deal. If so, I hope they're reporting it to LE. JMO.

George's motions seem like the usual stuff - always falsely accusing others of withholding discovery evidence. Always asking for things his attorneys already know can't be argued until a trial begins. JMO

 

[Covert Operative]

BBM

Fortunately, its very unlikely the state will give either Billy or GW4 a better deal than LWOP. Prosecutor Canepa has committed to having the consent of the victim's families for any plea deal and it's highly unlikely they will agree to any special deals for those two monsters. They've all been very patient through a nightmare that's lasted since 2016. JMO, they're not going to budge on these two.

Prosecutor Canepa doesn't have to follow the wishes of the victims' families, but she has chosen to do so.

ETA: I hope the surviving family members aren't receiving any threats or pressure from any Wagner associates to pressure AC to give George and his dad Billy a cushy plea deal. If so, I hope they're reporting it to LE. JMO.

George's motions seem like the usual stuff - always falsely accusing others of withholding discovery evidence. Always asking for things his attorneys already know can't be argued until a trial begins. JMO

Unfortunately , it seems they gave AW less than LWOP. You must think that all the families approved that. Can you share where Canepa committed to get the approval/consent for all plea deals with each family.

Can you also share that link to the usual stuff motions that were filed since you must have them and have seen them.

If any family is receiving threats then I would certainly imagine they will report them, that seems like common sense to me.

 

[Betty P]

Unfortunately , it seems they gave AW less than LWOP. You must think that all the families approved that. Can you share where Canepa committed to get the approval/consent for all plea deals with each family.

Can you also share that link to the usual stuff motions that were filed since you must have them and have seen them.

If any family is receiving threats then I would certainly imagine they will report them, that seems like common sense to me.

AC mentioned she would agree with the family's wishes in court when she announced the first plea agreement with Jake.
It will take a while, but I'll be happy to go through the video of that hearing and pick out the time stamp. Don't expect it today.

Same for Nash's motions that falsely implied the state was withholding evidence, etc. There were a few times when these motions were filed, even though the state had given him the evidence. I commented here each time I saw him make those allegations in court or in motions. A quick search can probably help you find them.

For the last 5 years, myself and others have spent countless hours assembling and posting links to articles, videos, photos, quotes, documents, research timelines, etc. In discussions, we've spent many hours posting and reposting links to these same articles and other resources countless times. Repetitively, again and again, posting links to the same information every time it's brought up in discussion.

There's a wealth of information in all of the threads in this forum and in the media and timelines threads. Because this has remained such an active thread for six years, pretty much every topic has been discussed and every fact backed up countless times. A quick search will often pull up the relevant information anyone is asking about.

<modnsip>

 

[Niner]

Monday, October 25th:
*Motions Hearing (@ 1:30pm 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 (37). 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 *George Washington Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) 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. (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). Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table.
Trial set to begin on 4/4/22. (3 month trial).
Crime info & court hearings from 11/28/18 thru 8/23/21 reference post #494 here:
GUILTY - OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #65
9/10/21: State's Supplement discovery filed by Angela Canepa. Warrant for removal of defendant & to appear on 9/13/21 at 12 noon for hearing on pending motions. 9/13/21 Update: Judge says there was an emergency & they don't have a court stenographer today. From Monday’s hearing was an agreement between Wagner’s defense team & the prosecutor to have the State pay for experts to analyze evidence recently turned over to the defense from the prosecutor’s office. No action taken today. Next motions hearing is 10/25/21. 9/13/21: Order sealing 2 motions & 2 entries filed simultaneously; all filed under seal.
9/24/21: Motion #73: Motion to dismiss aggravated murder counts &/or death specifications filed. Wagner is only asking the Court to dismiss Counts 1-8 (Aggravated Murder) & the related Death Specifications but reserves the right to ask the Court to dismiss the entire Case for lack of sufficient evidence at the appropriate time or for other distinct legal reasons." According to the Motion #73 he is innocent because: 1) No DNA linking him to the murders. 2) He is not on video confessing to the murders. 3) There is no video conclusively linking him to the murders.
10/22/21: Motion #74: Defendant's Motion to Compel discovery filed. Defendant's notice of reciprocal Discovery filed by John Parker.
*Edward Jacob “Jake” Wagner (26/now 29) – Plead guilty (4/22/21) to all charges. No sentencing date set as of 10/25/21.
*George Washington Wagner III (47/now 50) – Motions hearing on 11/17/21.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty & will testify in the trials. No update on sentencing date as of 10/25/21.
*Rita Jo Newcomb (65/now 68) – Last Motions hearing on 12/2/19 entered a plea of guilty. Expected to testify in the trials. No update as of 10/25/21.
*Fredericka Carol Wagner (76/now 79) – 6/26/19 Charges were dismissed without prejudice.

 

[Tiff23fr]

Mod Note:

It is time to move on from the back and forth and personalizing of responses between posters. If there is something that needs worked out between members, please do so privately and not in thread. If you are unable to work it out, please simply “scroll and roll” without feeling the need to respond to each post.

If it continues, time outs will be issued.

Thanks,
Tiff

 

[Covert Operative]

Pike County Massacre: Eldest Wagner son returns to court (fox19.com)

George Wagner to argue against the death penalty in his case in Pike County | WKRC (local12.com)

JMO - Motions do not fall under a gag order.
JMO- A gag order means that it cannot be talked about publicly outside of court by the people the gag order applies to.
JMO- The media is not under a gag order. They are not doing anything unethical or violating a gag order when they report on public motions that the prosecution and defense file.

 

[Covert Operative]

I'm sorry you were confused about what I posted. I didn't claim Nash's latest motions had been discussed many times here in the past. That's nonsensical. I said there have been times in the past here at WS that we've discussed the dubious nature of some of the previous motions Nash has filed.

Reviewing the Journal entries for GW4's docket is an interesting task. Brings back a lot of memories. His attorneys have filed more motions than any of the attorneys for his parents and brother. Also noted are Nash's attempts to demand confidential information about witnesses during Grand Jury testimony. Grand Jury proceedings are kept confidential to protect witnesses, since the purpose of GJ's is simply to rule on charges being brought, not to determine guilt or innocence.

There's no one-upsmanship here. The point is that many members have researched and posted many links, articles, guides, timelines here in the Rhoden Massacre threads. That means that information is all still here for everyone to search for, read and use. Some consider it common courtesy to peruse the information, resources and discussions already available here.

It will be interesting to review GW4's docket entries, but it will take me a couple of days to provide you with all the documentation. Since you need a link and the Pike County Court database doesn't link to specific cases, I'm posting GW4's entire docket for current and future reference:

Oops, looks like its too much for one post, so I'll leave the link here for now

https://www.pikecountycpcourt.org/e...VuhLaFBnMAxNATbXHmQrWqlKr1PllZfF83hTRuY5cuhNQ

I wasn't confused, I was going by your post reply to mine where I had specifically mentioned the motions filed on Friday. Thanks anyway.

 

[Betty P]

Monday, October 25th:
*Motions Hearing (@ 1:30pm 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 (37). 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 *George Washington Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) 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. (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). Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table.
Trial set to begin on 4/4/22. (3 month trial).
Crime info & court hearings from 11/28/18 thru 8/23/21 reference post #494 here:
GUILTY - OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #65
9/10/21: State's Supplement discovery filed by Angela Canepa. Warrant for removal of defendant & to appear on 9/13/21 at 12 noon for hearing on pending motions. 9/13/21 Update: Judge says there was an emergency & they don't have a court stenographer today. From Monday’s hearing was an agreement between Wagner’s defense team & the prosecutor to have the State pay for experts to analyze evidence recently turned over to the defense from the prosecutor’s office. No action taken today. Next motions hearing is 10/25/21. 9/13/21: Order sealing 2 motions & 2 entries filed simultaneously; all filed under seal.
9/24/21: Motion #73: Motion to dismiss aggravated murder counts &/or death specifications filed. Wagner is only asking the Court to dismiss Counts 1-8 (Aggravated Murder) & the related Death Specifications but reserves the right to ask the Court to dismiss the entire Case for lack of sufficient evidence at the appropriate time or for other distinct legal reasons." According to the Motion #73 he is innocent because: 1) No DNA linking him to the murders. 2) He is not on video confessing to the murders. 3) There is no video conclusively linking him to the murders.
10/22/21: Motion #74: Defendant's Motion to Compel discovery filed. Defendant's notice of reciprocal Discovery filed by John Parker.
*Edward Jacob “Jake” Wagner (26/now 29) – Plead guilty (4/22/21) to all charges. No sentencing date set as of 10/25/21.
*George Washington Wagner III (47/now 50) – Motions hearing on 11/17/21.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty & will testify in the trials. No update on sentencing date as of 10/25/21.
*Rita Jo Newcomb (65/now 68) – Last Motions hearing on 12/2/19 entered a plea of guilty. Expected to testify in the trials. No update as of 10/25/21.
*Fredericka Carol Wagner (76/now 79) – 6/26/19 Charges were dismissed without prejudice.

BBM

Thanks, Niner!

Nash is asking for a lot, as usual. I don't follow a lot of murder trials, but can't recall a defense attorney claiming his client is innocent simply because he's not on video confessing to the murders, nor is he on video committing the murders.

Is that how it works? That's a very high standard for bringing murder charges. According to Nash, you have to be caught in the act or confess, all on video. What's the logic behind that?

As for the lack of DNA, absence of evidence is not evidence of absence.

I think I know how Judge Deering will respond to that motion. I wonder if he will respond today or wait until later?

 

[Covert Operative]

Monday, October 25th:
*Motions Hearing (@ 1:30pm 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 (37). 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 *George Washington Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) 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. (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). Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table.
Trial set to begin on 4/4/22. (3 month trial).
Crime info & court hearings from 11/28/18 thru 8/23/21 reference post #494 here:
GUILTY - OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #65
9/10/21: State's Supplement discovery filed by Angela Canepa. Warrant for removal of defendant & to appear on 9/13/21 at 12 noon for hearing on pending motions. 9/13/21 Update: Judge says there was an emergency & they don't have a court stenographer today. From Monday’s hearing was an agreement between Wagner’s defense team & the prosecutor to have the State pay for experts to analyze evidence recently turned over to the defense from the prosecutor’s office. No action taken today. Next motions hearing is 10/25/21. 9/13/21: Order sealing 2 motions & 2 entries filed simultaneously; all filed under seal.
9/24/21: Motion #73: Motion to dismiss aggravated murder counts &/or death specifications filed. Wagner is only asking the Court to dismiss Counts 1-8 (Aggravated Murder) & the related Death Specifications but reserves the right to ask the Court to dismiss the entire Case for lack of sufficient evidence at the appropriate time or for other distinct legal reasons." According to the Motion #73 he is innocent because: 1) No DNA linking him to the murders. 2) He is not on video confessing to the murders. 3) There is no video conclusively linking him to the murders.
10/22/21: Motion #74: Defendant's Motion to Compel discovery filed. Defendant's notice of reciprocal Discovery filed by John Parker.
*Edward Jacob “Jake” Wagner (26/now 29) – Plead guilty (4/22/21) to all charges. No sentencing date set as of 10/25/21.
*George Washington Wagner III (47/now 50) – Motions hearing on 11/17/21.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty & will testify in the trials. No update on sentencing date as of 10/25/21.
*Rita Jo Newcomb (65/now 68) – Last Motions hearing on 12/2/19 entered a plea of guilty. Expected to testify in the trials. No update as of 10/25/21.
*Fredericka Carol Wagner (76/now 79) – 6/26/19 Charges were dismissed without prejudice.

I believe the motion is stating they cannot ask for DP if those 3 things are not met, not that it means they are innocent. I think it is only a recommendation though. I may have misunderstood it, will read it again. I would be surprised if Judge Deering dismissed 1-8 today. Thanks

XII. RECOMMENDATION 17 – REQUIRING EVEN MORE EVIDENCE OF GUILT AT TRIAL The Task Force majority recommends that the General Assembly: ENACT LEGISLATION THAT MAINTAINS THAT A DEATH SENTENCE CANNOT BE CONSIDERED OR IMPOSED UNLESS THE STATE HAS EITHER: 1) BIOLOGICAL EVIDENCE OR DNA EVIDENCE THAT LINKS THE DEFENDANT TO THE ACT OF MURDER; 2) A VIDEOTAPED, VOLUNTARY INTERROGATION AND CONFESSION OF THE DEFENDANT TO THE MURDER; OR 3) A VIDEO RECORDING THAT CONCLUSIVELY LINKS THE DEFENDANT TO THE MURDER; OR 4) OTHER LIKE FACTORS AS DETERMINED BY THE GENERAL ASSEMBLY
dissentingReport.pdf (ohio.gov)