GUILTY OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #68

[Covert Operative]

G4 - New Entries
03/15/2022 MOTION NO. 85 DEFENDANT'S MOTION TO DISMISS FILED Attorney: PARKER, JOHN PATRICK
03/15/2022 MOTION NO. 86 DEFENDANT'S MOTION TO FILE EXPERT INVOICES UNDER SEAL FILED Attorney: PARKER, JOHN PATRICK

 

[Johnny B Bad]

G4 - New Entries
03/15/2022 MOTION NO. 85 DEFENDANT'S MOTION TO DISMISS FILED Attorney: PARKER, JOHN PATRICK
03/15/2022 MOTION NO. 86 DEFENDANT'S MOTION TO FILE EXPERT INVOICES UNDER SEAL FILED Attorney: PARKER, JOHN PATRICK

Does that mean another attorney wants to QUIT????

 

[Covert Operative]

Does that mean another attorney wants to QUIT????

I am guessing since they talked so much about the indictment in the hearing and went on and on about it that they are going to try to get it dismissed by challenging the indictment. I surely do not think that will work and it could be something else completely, just a guess on my part. I am trying to find out.

 

[Betty P]

I am guessing since they talked so much about the indictment in the hearing and went on and on about it that they are going to try to get it dismissed by challenging the indictment. I surely do not think that will work and it could be something else completely, just a guess on my part. I am trying to find out.

Also probably laying groundwork for appeal. I have a feeling if GW4 is convicted and sentenced, he will continue to appeal.

 

[LMDlong]

G4 - New Entries
03/15/2022 MOTION NO. 85 DEFENDANT'S MOTION TO DISMISS FILED Attorney: PARKER, JOHN PATRICK
03/15/2022 MOTION NO. 86 DEFENDANT'S MOTION TO FILE EXPERT INVOICES UNDER SEAL FILED Attorney: PARKER, JOHN PATRICK

I’m trying to figure out what gw4 wants to dismiss … the case, some evidence??

 

[LMDlong]

Also probably laying groundwork for appeal. I have a feeling if GW4 is convicted and sentenced, he will continue to appeal.

Oh yeah he will tie up the courts as long as he can with appeals. Imo

 

[Cool Cats]

I’m trying to figure out what gw4 wants to dismiss … the case, some evidence??

Oh yeah he will tie up the courts as long as he can with appeals. Imo

Probably trying to dismiss the case which makes zero sense because Deering won't dismiss the death specifications, but the way his defense attorneys act it wouldn't surprise me.

He is only going to go so far in the appeals process because he is flat broke:

11/28/2018 INDIGENT APPLICATION FILED

The way it's going, he will be found guilty without the death specifications so I don't think he will be able to get the State to pay indefinitely for appeals.

Now if he were convicted under the death penalty because Jake wouldn't cooperate, then he is entitled to State paid appeals until the cows come home.

Anyone know different please chime in.

 

[Covert Operative]

Oh yeah he will tie up the courts as long as he can with appeals. Imo

I had thought he can only get a court appointed attorney for the direct (first) appeal whether DP or criminal murder conviction. I think a criminal/murder/DP case can be appealed twice, possibly three times under certain circumstances but not with a court appointed attorney. I am not positive on that. Would be a good question for the attorney that chimes in now and then.

I doubt FW is going to pay the money it would take to continue to appeal after the direct appeal with a free attorney.

 

[IType]

I don't live in Ohio so am not sure about the laws there. I have a couple questions, if anyone knows the answers:

• Does anyone know who will decide on a sentence for GW4 and/or BW if their cases do go to trial and they are convicted? Is it the jury or the judge?
  
• Will the sentence be passed immediately or will that come at a later date?
• If either case is moved to a different venue, will Judge Deering continue to be the judge?

Thanks for info anyone can provide.

 

[Piffcat]

when your client is obviously guilty all that remains is to attack the process and procedure with endless legal mumbo jumbo. which is the lifeblood of the legal profession. a self sustaining eco system giving purpose and income to judges, prosecutors, defense attorneys and the larger for profit prison industry. its gotten to the point where the initial due process is paralyzed by a fear of decisions overturned on appeal due to murderers due process "rights" being violated.

very very little of what is decided in court and verdicts is about assigning guilt or responsibility. rather it has become a judgement of the sanctity of those tasked with locating and punishing people in society who feel they have the right to take lives. at a certain point the sovereignty of our country will be jeopardized. the #1 requirement of a sovereign nation is the ability to enforce its laws within its borders. here we have a horrible mass murder of 8 innocents. we have murder weapons, vehicles, 3 testifying co defendants, gigabytes of cyber evidence related to stalking reconnaissance information to effectively murder, plans and production of silencers to make the job easier, cell phone jammers to ensure no help will arrive, shell casings, murder kit receipts and videos, autopsy reports for 8 bodies brutalized by close execution style murders(along with whatever unknown vicious violence the wagner crime family inflicted), shell casings, bloody footprints, 350 witnesses, hundreds of hours of intercepted communications between crime family members.

if we have all of this and still cannot punish these sickos under the maximum capabilities of our laws its a grim reality for our society to face. g4 is entitled to a defense yes, but his lawyer is not entitled to subjugate and manipulate the jury pool in order to circumvent the survivors rights to justice. if karma does exist he is in desperate need of some bad karma.

 

[Cool Cats]

I don't live in Ohio so am not sure about the laws there. I have a couple questions, if anyone knows the answers:

• Does anyone know who will decide on a sentence for GW4 and/or BW if their cases do go to trial and they are convicted? Is it the jury or the judge?
  
• Will the sentence be passed immediately or will that come at a later date?
• If either case is moved to a different venue, will Judge Deering continue to be the judge?

Thanks for info anyone can provide.

The Judge decides the sentence and it is done at a later date, at a sentencing hearing. The sentencing hearing gives the prosecution and defense an opportunity to "argue" as to what they want the sentence to be.

For example, the prosecution could argue for LWOP and the defense argue for life with parole. I think this could happen if George gets convicted.

The prosecution and defense put forth Jake's and Angela's plea agreements and those included sentencing guidelines. The Judge had to OK those plea agreements, thus, he is likely to stick to those sentencing guidelines.

Jake Wagner could receive up to eight consecutive life sentences for the Rhodens’ murders and 160 years imprisonment for the other charges.

Angela Wagner, who pleaded guilty to charges including conspiracy to commit aggravated murder in a case that dates back to 2016, has agreed to serve 30 years in prison without the possibility of parole or early release.

• https://www.wcpo.com/news/state/sta...y-after-brothers-confession-to-rhoden-murders
• Pike County killings: Sentence for conspirator in slayings 'fair'

The judge warned Angela that he could deviate from that based on her behavior before she is sentenced. I don't think this means her getting written up for incident reports in jail, I think it's more along the lines of her cooperating with the prosecution regarding her testimony and not trying to communicate with her codefendants.

As for Judge Deering staying as the Judge if the trial is moved, I think he will stay with the trial if he grants a change of venue. I think it is too big of a Case to get another Judge up to speed, especially with the death penalty specifications involved.

I would be shocked if Judge Deering was replaced.

 

[Caylee Advocate]

This case has so many questions left unanswered.

Since Judge Deering has not taken the death penalty out of the equation 100%, I really don't know if, or how we can get a true answer as to who will decide sentencing.

Snipped:
"Then, contrary to what many think, judges, and not juries, almost always determine sentencing for a convicted criminal defendant (although a few states still reserve the choice of sentence for the jury). It is pretty common for the judge to tell the jury not to consider punishment when determining whether a criminal defendant is guilty or not guilty. Indeed, a mistrial could be declared if it becomes known that the jury considered punishment when determining guilt."

However, there are also some special occasions that require a jury to weigh in on a convicted criminal's punishment. For example, in some states' rules for capital punishment cases (death penalty cases), judges are not permitted to impose the death penalty without the agreement of the jury."


Sentencing Law FAQ - FindLaw

 

[RAISINISBACK]

This case has so many questions left unanswered.

Since Judge Deering has not taken the death penalty out of the equation 100%, I really don't know if, or how we can get a true answer as to who will decide sentencing.

Snipped:
"Then, contrary to what many think, judges, and not juries, almost always determine sentencing for a convicted criminal defendant (although a few states still reserve the choice of sentence for the jury). It is pretty common for the judge to tell the jury not to consider punishment when determining whether a criminal defendant is guilty or not guilty. Indeed, a mistrial could be declared if it becomes known that the jury considered punishment when determining guilt."

However, there are also some special occasions that require a jury to weigh in on a convicted criminal's punishment. For example, in some states' rules for capital punishment cases (death penalty cases), judges are not permitted to impose the death penalty without the agreement of the jury."

Sentencing Law FAQ - FindLaw

imo G4 will get LWOP.

jmo

O/T
Jo Dee Messina or Tulsa Oklahoma great Joe Diffie who died in March 2020 of Covid 19?

IMO I like Messina better but Diffee came out with it in 2001. They wrote it together though.

BTW I am getting better, my arm muscles are getting stronger so got my laptop back.

 

[altojack]

imo G4 will get LWOP.

jmo

O/T
Jo Dee Messina or Tulsa Oklahoma great Joe Diffee who died in March 2020 of Covid 19?

IMO I like Messina better.

BTW I am getting better, my arm muscles are getting stronger so got my laptop back.

Raisin, how wonderful to see you posting., and strong enough to have your laptop back, good girl. You're in my prayers to get stronger so you can be here for the trials. I'm looking forward to them as I bet you are too. All the digging and diving you have done in the past you gotta be here to see the results of all the hard work you and others did to build up what we know.
Hope you have a good weekend.

 

[RAISINISBACK]

Raisin, how wonderful to see you posting., and strong enough to have your laptop back, good girl. You're in my prayers to get stronger so you can be here for the trials. I'm looking forward to them as I bet you are too. All the digging and diving you have done in the past you gotta be here to see the results of all the hard work you and others did to build up what we know.
Hope you have a good weekend.

I'm looking forward to them as I bet you are

Yes I am.

All the digging and diving you have done in the past
Thank you so much alto. We did some dirt diving didn't we?

Hubby is reading from the beginning. Every day he asks how in the world did you all figure this out with no official reports from officers on the scene, no crime scene photos, no forensics, not even a walk through of the crime scene. I told him he was spoiled having all those reports in his email, getting to be on sight of the homicide as soon as they called in the FBI, attending autopsies, having the best experts in the world at his beck and call.

He said everyone on this thread should put in an application to the FBI. He said you all are needed there. lol He said he wished he had a team like us on here at a lot of crime scenes. He said all his co workers were afraid to speak up and air their theories and discuss what they thought happened for fear of looking stupid if they were proved wrong. He said big huge KUDOS to all of us on here.

He wants to join as a member. I told him not to use his real name, which he wants to do. I told him no one does. I use my Native American name but he wants to use his white name which is John as a screen name.

@Mods can we both be on here under two accounts but separate computers and different screen names? Any other husband/ wife with two accounts on ws?

jmo

 

[Caylee Advocate]

imo G4 will get LWOP.

jmo

O/T
Jo Dee Messina or Tulsa Oklahoma great Joe Diffie who died in March 2020 of Covid 19?

IMO I like Messina better but Diffee came out with it in 2001. They wrote it together though.

BTW I am getting better, my arm muscles are getting stronger so got my laptop back.

I am so tickled to see you post. I almost put an APB out on you... lol. Glad you got your laptop back and feel like posting a little.

Take it at your own pace my friend. Here if ya' need me!! HUGS

I like Jo Dee Messina much better. Wild girl like me.

 

[ohioexpat63]

I don't think either 3 or 4 will plea. I don't believe they would give up their appeal process. They have absolutely nothing to lose by going to trial. They are facing lwop, unless ole Jake tells whoppers and the 3 murderers get the DP.

So, they can take a plea of lwop and forfeit the appeal process, or go to trial and receive lwop, maintaining the ability to appeal.

All speculation and opinion.

 

[Piffcat]

Very good point on tge appeals. Especially for g4 who is delusional and may think he did nothing wrong. This situation highlights how the death penalty (when actively implemented) can force murderers to take plea bargain. When it's just for show like in this case they go to trial because lwop is lwop. I can't figure b3 and his lawyers out. Maybe they're using g4 as a weather vane or maybe his lawyers have more integrity as they're older. Its too bad all 4 got 2 primo lawyers for free because of a dp statute that won't be used

 

[Berrybell]

I'm looking forward to them as I bet you are

Yes I am.

All the digging and diving you have done in the past
Thank you so much alto. We did some dirt diving didn't we?

Hubby is reading from the beginning. Every day he asks how in the world did you all figure this out with no official reports from officers on the scene, no crime scene photos, no forensics, not even a walk through of the crime scene. I told him he was spoiled having all those reports in his email, getting to be on sight of the homicide as soon as they called in the FBI, attending autopsies, having the best experts in the world at his beck and call.

He said everyone on this thread should put in an application to the FBI. He said you all are needed there. lol He said he wished he had a team like us on here at a lot of crime scenes. He said all his co workers were afraid to speak up and air their theories and discuss what they thought happened for fear of looking stupid if they were proved wrong. He said big huge KUDOS to all of us on here.

He wants to join as a member. I told him not to use his real name, which he wants to do. I told him no one does. I use my Native American name but he wants to use his white name which is John as a screen name.

@Mods can we both be on here under two accounts but separate computers and different screen names? Any other husband/ wife with two accounts on ws?

jmo

Glad you are back and recovering

 

[Cool Cats]

Motion #83

George WagnerIV Motion and Memorandum in Support For Change of Venue | PDF

States Response To Change of Venue For The #GeorgeWagner Trial. | PDF

01/19/2022 MOTION NO. 83 DEFENDANT'S MOTION FOR CHANGE OF VENUE FILED

02/02/2022 STATE'S MEMORANDUM CONTRA DEFENDANT'S MOTION TO CHANGE VENUE (DEFENDANT'S MOTION #83) FILED

https://www.pikecountycpcourt.org/e...y4yuoSASYMGVE2fOeLs9K9jD4femPIoicPBFz3rIHqdsw