Tuesday, April 5th:
*Pretrial Evidentiary (Daubert) Hearing (@ 9am 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 if his testimony is truthful.
Trial was set to begin on 4/4/22 continued on 8/29/22. (trial scheduled for 30 days).
Crime info & court hearings from 11/28/18 thru 2/2/22 reference post #230 here:
GUILTY - OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #68
3/7/22 Update: Defense got the State to move the needle on whether George was a shooter. State focusing on his complicity not him being an actual shooter. When they indicted all 4 they indicted all 4 under the complicity theory as they had an idea of who the shooters were but were not totally sure who shot who, now they seem to be going forward upon the information in the proffers. JW shot Dana, Chris Jr, HR, HG * FR, Billy shot Chris Sr., GR & KR and JW shot at one of the 3 victims Billy murdered. Most of the arguments were over grand jury transcripts & witness information both sides. The defense wants transcripts to find out if anyone testified that George shot any of the victims. Jake Wagner has reportedly said he didn't. However, special prosecutor Angie Canepa said they're not conceding that George wasn't a shooter. She also reminded the court that even if he wasn't, anyone who participants in the planning can still be charged with the murders." They also went back & forth over witness discovery. The defense said the prosecution needs to whittle down its witness list from 350, knowing it's unlikely they'll all be called. State wants defense discovery. Judge said he would rule on motions at a later date. August court date still seems to be set for trial to start. Decision & journal entry: Granting defendant's Motion #76-the Court finds that the defendant's motion #76 is well taken & it is therefore ordered that a pretrial evidentiary hearing shall be held in order to determine the admissibility of shoe print evidence & opinions; the hearing will be held on 4/4/22.
Scheduled:
4/4/22 4/5/22 at 9am – Pretrial evidentiary (Daubert) hearing concerning shoeprint expert testimony (Motion #76).
5/2/22 at 1pm - Motion hearing & arguments on motions.
5/16/22 at 1pm - Hearing on Motion to Suppress.
7/5/22 through 7/8/22 & 7/11/22 through 7/15/22, beginning each day at 9am - completion of jury questionnaires by summoned prospective jurors.
8/8/22 through 8/12/22 - each day beginning at 9am - individual voir dire.
8/15/22 through 8/19/22 - each day beginning at 9am - individual voir dire.
8/29/22 at 9am - beginning of trial, including general voir dire for the jury, opening statements, evidence & so forth. The jury trial is scheduled for 30 days.
3/15/22: Motion #85: Defendant's Motion to Dismiss & #86: Motion to file expert invoices under seal filed by John Parker. Pretrial evidentiary (Daubert) hearing on 4/4 has been reset to 4/5/22. 3/28/22: Upon agreement of the parties, it is further ordered that the following motions are also hereby scheduled for hearing on 4/5/22, commencing at 9am, or as soon thereafter as the same can be heard on that day:
Defendant's Motion #78, entitled "Defendant's motion for proposed jury instructions (re: testimony of accomplice), Defendant's Motion #79, entitled "Defendant's motion for proposed jury instructions (re: punishment based upon "immutable characteristics"), Defendant's Motion #83, entitled: "Defendant's motion for change of venue & Defendant's Motion #84, entitled "Defendant's motion to compel all Brady or informant discovery.
3/28/22 Update: Upon agreement of the parties, it is further ordered that the following motions are hereby scheduled for oral hearing on 5/2/22, commencing at 9am: Defendant's Motion #65, entitled "Motion to compel the production of "other Acts" evidence pursuant to Evid. R. 404(B), Defendant's Motion #77, entitled "Defendant's renewed motion to compel the production of "Other Acts" evidence pursuant to Evid. R. 404(B) & Defendant's Motion #82, entitled "Defendant's objection & Motion in Limine to prohibit the introduction of other acts evidence at trial.
The State of Ohio may serve & file a response to Defendant's Motion #82 on or before 4/15/22.
Upon agreement of the parties, it is further ordered that the following motions are hereby scheduled for oral hearing on 5/16/22, 9am: Defendant's Motion #80, entitled "Defendant's motion to suppress testimony of Jake & Angela Wagner and to dismiss the death specifications & Defendant's Motion #81, entitled "Defendant's motion to suppress audio recordings.
Before the commencement of oral arguments this day 3/7/22, the parties informed the Court that the State of Ohio does not oppose Defendant's Motion #6 & that the State, through its counsel, represents to counsel for the Defendant & to the Court that as of the date of the present hearing the State of Ohio has already provided to the defense all discovery regarding DNA as requested in Defendant's Motion #6. It is therefore ordered that Defendant's Motion #6 is hereby granted. The Court finds, however, that as of the date of the present hearing the State of Ohio has provided the Defendant with the discovery regarding DNA as requested in Defendant's Motion #6 & that the State of Ohio remains under a continuing duty to supplement the discovery regarding DNA in a timely manner, if the State of Ohio subsequently obtains additional discoverable material or information concerning DNA as requested in Defendant's Motion #6. Counsel for the Defendant then proceeded to orally argue in support of Defendant's Motions #16, #17, #18 & #20, all of which motions are opposed by the State of Ohio; and counsel for the State of Ohio presented oral argument in opposition to Defendant's Motions #16, #17, #18 & #20. Following the oral arguments of counsel, the Court took such motions under advisement & will issue decisions concerning the same.
*George Washington Wagner III (47/now 50) – Pretrial hearing on 2/1/22.
*Edward Jacob “Jake” Wagner (26/now 29) – Plead guilty (4/22/21) to all charges & will testify in the trials.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty to a plea deal to Counts 9 thru 22, Counts 1-8 were dismissed. Will be sentenced to 30 years in prison with no early release & has to testify against others at trial.
*Rita Jo Newcomb (65/now 69) – Last Motions hearing on 12/2/19 entered a plea of guilty. Expected to testify in the trials.
*Fredericka Carol Wagner (76/now 79) – 6/26/19 Charges were dismissed without prejudice. Civil Case: Settlement hearing on 4/28/22.