OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #69

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  • #221
BBM - "IIRC isn't there also a motion to exclude evidence from other counties?"

Yes. Many Counties and places including Franklin County Ohio.
Motion 81 has been ruled on. The ruling was against the defense. I think maybe the engineers have to do with motion 85 that is suppose to be heard on June 21. Could be something totally different. Only Adams and Scioto counties are mentioned in that moion from what I remember.
The Court concludes that Defendant's Motion No. 81 is not well taken, and it is hereby ORDERED that Defendant's Motion No. 81 is overruled and denied.
 
  • #222
My thoughts also..I believe the defense is really stretching these motions. Am I remembering right that DR's home was in another county? It has been so long. With AC representing the AG's office early on, she would be representing statewide. Is she now special prosecutor for Pike Co. only? This case gets so far out there by the day and minute.
Yes, from court records, DR home is in Scioto County. I would guess that is one of the things the defense is trying to argue, that those charges should not have been brought in Pike county. If for some reason the ruling was against the State, they probably have a remedy for that. They possibly could ammend the indictment to name those counties also if needed. Would seem that if any part of a criminal act happenened in a jurisdiction it can be prosecuted in that county.
(D) When the offense is conspiracy, attempt, or complicity cognizable under division (A)(2) of section 2901.11 of the Revised Code, the offender may be tried in any jurisdiction in which the conspiracy, attempt, complicity, or any of its elements occurred. If an offense resulted outside this state from the conspiracy, attempt, or complicity, that resulting offense also may be tried in any jurisdiction in which the conspiracy, attempt, complicity, or any of the elements of the conspiracy, attempt, or complicity occurred.
 
  • #223
  • #224
G4
06/10/2022ORDER TO SEAL DOCUMENTS RELATED TO WITNESS (ALL DOCUMENTS, MOTION AND ORDER TO SEAL INCLUDED)
06/10/2022MEMORANDUM CONTRA DEFENDANT'S MOTION TO EXTEND DISCOVERY DEADLINE FILED
 
  • #225
The defense at George's last hearing was trying to read just certain parts of Jake's testimony to fit their narrative that George "shot nobody."

At the start of the hearing, Parker started to read aloud in court 10 excerpts of Jake Wagner's 12-hour confession. Canepa objected and fired back, saying it was clear the attorneys wanted to try the case before it ever got to trial.

I assume they were anxious to get Jake on the stand just to have him testify to those specific narratives.

But the prosecution made it clear that the totality of Jake's testimony doesn't mean George didn't shoot anybody and they implicated George in the shootings.

But during Wednesday's hearing, special prosecutor Angela Canepa told Deering she thought there was something important to note: "We are not stipulating that George Wagner did not shoot anybody. We are stipulating that according to Jake Wagner's proffer, George did not shoot anybody. That's an important distinction."

And Canepa stated that Jake contradicted himself in his proffer.

The prosecution then said Jake did implicate George as being involved in the planning and execution of the shootings on the night in April 2016.

"Unfortunately, there is more than one devil in this case, and that is all four defendants charged in this matter.”


It's possible that these statements from Canepa contributed to the defense now wanting to keep Jake and Angela from testifying.

Rhoden killings: Attorney for George Wagner IV says prosecutors 'made a deal with the devil'
Judge refused to dismiss aggravated murder charges against eldest Wagner son in Pike County massacre
If Jake contradicted himself in his proffer and it is brought out in court could that cause the death penalty to be put back on the table ?
 
  • #226
G4
06/10/2022ORDER TO SEAL DOCUMENTS RELATED TO WITNESS (ALL DOCUMENTS, MOTION AND ORDER TO SEAL INCLUDED)
06/10/2022MEMORANDUM CONTRA DEFENDANT'S MOTION TO EXTEND DISCOVERY DEADLINE FILED
Does anyone know which witness they are referring to and how many times can a discovery deadline be extended?
 
  • #227
Yes, from court records, DR home is in Scioto County. I would guess that is one of the things the defense is trying to argue, that those charges should not have been brought in Pike county. If for some reason the ruling was against the State, they probably have a remedy for that. They possibly could ammend the indictment to name those counties also if needed. Would seem that if any part of a criminal act happenened in a jurisdiction it can be prosecuted in that county.
(D) When the offense is conspiracy, attempt, or complicity cognizable under division (A)(2) of section 2901.11 of the Revised Code, the offender may be tried in any jurisdiction in which the conspiracy, attempt, complicity, or any of its elements occurred. If an offense resulted outside this state from the conspiracy, attempt, or complicity, that resulting offense also may be tried in any jurisdiction in which the conspiracy, attempt, complicity, or any of the elements of the conspiracy, attempt, or complicity occurred.
I thought his att mentioned about the locations before and the judge ruled on it , but I could be wrong. I can’t think of a good enough reason to have county engineers testify at a murder hearing. That one has me puzzled.
 
  • #228
If Jake contradicted himself in his proffer and it is brought out in court could that cause the death penalty to be put back on the table ?

They would have fixed the contradiction in his proffer. "You said this in your proffer but here you say this."

I can't imagine them up on the stand with Jake's proffer saying George shot no body, but then the proffer saying he shot Chris. Seems to me they would have grilled him to get at the truth and stick to one story.

He could change his story on the stand and then the judge would have to decide if he was truthful enough to let the death penalty stay off the table.

Seems it would depend on what he says. They want George convicted, they don't want Jake saying he never went along that night, that he was never involved.

I imagine he will stick to his proffer but good question. We can only guess.
 
  • #229
I thought his att mentioned about the locations before and the judge ruled on it , but I could be wrong. I can’t think of a good enough reason to have county engineers testify at a murder hearing. That one has me puzzled.
Motion 85 has not been ruled on yet that I can remember. In court notes it stated that motion 85 would be heard on June 21.
 
  • #230
@LMDlong
I kind of think the witness they are referring to is JW ex. With trial coming up I would think the deadline cannot be moved much or the trial will also be moved. I think the case is considered "in trial" once the jury selection starts but not sure. I think that is beginning of July, maybe. Would have to go back and look at court notes to verify.
 
  • #231
If Jake contradicted himself in his proffer and it is brought out in court could that cause the death penalty to be put back on the table ?
I think if he contradicts himself on the stand it could, depending on what it is that he is testifying about at the time. If it is something very different than his proffer. I do not think anything in it now would put the DP back. I see him as a risky witness in some ways for the prosecution and in some ways for the defense, with the prosecution having the most to gain from his testimony overall. I do not think JW will say that G4 shot or killed anyone, unless he gets confused when testifying and were to slip up.
 
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  • #232
IMO, I really think it would be in the best of the LE and EW, if all the Wagners, (FW,RW,BW,AW,JW,GW, and Angela’s family that their phones where all taped just in case someone would try to put a hit out on the witness, JMO
 
  • #233
@LMDlong
I kind of think the witness they are referring to is JW ex. With trial coming up I would think the deadline cannot be moved much or the trial will also be moved. I think the case is considered "in trial" once the jury selection starts but not sure. I think that is beginning of July, maybe. Would have to go back and look at court notes to verify.

I'll save you time - here's what I have in my notes:
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.
 
  • #234
IMO, I really think it would be in the best of the LE and EW, if all the Wagners, (FW,RW,BW,AW,JW,GW, and Angela’s family that their phones where all taped just in case someone would try to put a hit out on the witness, JMO

They can run wiretaps through certain dates, like for a month at a time then ask for extensions like for another month.

I agree with you completely, especially because there is some unknown reason that EW is so afraid of the Wagners she tried to or wanted to change her social security number.

I find this odd in the sense that all 4 Wagners are locked up and every single one of their jailhouse phone calls are already being tapped.

If FW is allowed to speak by video and phone to a Wagner in jail everything she says is tapped and I do not believe she would do anything unlawful anyway.

Out in the court hallway she kept saying that she was a "free woman", she was so happy to be free.

However, there are possibilities that an individual could call and talk to someone else on their phone unrelated to the jail.

The jail is paying close attention to the jail witnesses as can be assertained by the fact they are listed as witnesses themselves.

06/07/2022MOTION NO. 93 DEFENDANT'S MOTION TO SUPPRESS TESTIMONY OF JAIL HOUSE INFORMANTS FILED Attorney: PARKER, JOHN PATRICK

The Wagners are the type of people who would try to criminally influence others and thus we know that their phone calls are monitored, just look at all the calls from discovery! Here are the latest calls listed in discovery:

Moderator Approved
 

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  • #235

Interesting points from this article:

Capt. Seth Hagaman, formerly a detective for the Ohio Bureau of Criminal Investigation,
did say BCI installed listening devices in a semi that both Jake and George would drive. They were also being listened to when the family crossed the border from Canada to Montana, during their return from their time in Alaska.

By 2018, all four Wagner family members' phones were being monitored. Hagaman said the family discussed changing their phone numbers in case they were monitored.

Hagaman mentioned that listening in on suspects who live together made it difficult because it's less likely they would need to discuss crimes over the phone. That made it important for the semi that George and Jake drove five days a week to be monitored.

Does anyone know if the judge is allowing the jury to hear all of the family confessions and audio tapes into the trial?

I know he is allowing most of the other acts evidence.
 
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  • #236
So, does anyone know if Rob Junk was elected as a Pike County Judge?

IIRC, I thought the election was at the end of May.

JMO
 
  • #237
So, does anyone know if Rob Junk was elected as a Pike County Judge?

IIRC, I thought the election was at the end of May.

JMO
Whenever it is, he can’t lose running unopposed…
 
  • #238
So, does anyone know if Rob Junk was elected as a Pike County Judge?

IIRC, I thought the election was at the end of May.

JMO
Whenever it is, he can’t lose running unopposed…

Weird, I can't find anything on it in MSM or social media. I assume he will be at George's trial. He hasn't said alot, Canepa talks the most, but still he writes Motions and has been there and been heavily involved for all these years and been at the meetings we don't see etc... Knows Jake and Angela's proffers etc....

I hope to see him finish this chapter of the Wagner saga.

Billy is a whole different kettle of fish. What the heck is happening with him is is anyone's guess. In my opinion there will not be enough time for him to get his trial October 31st. George's trial is scheduled from

August 29, 2022 at 9 o'clock until September 29th. 30 days. Then there just wouldn't be enough time for Billy's getting a jury questioned and seated and all that.

I anticipate hearing in George's trial who Billy shot. I can't even imagine that not coming up. It's my impression Billy is the one who set Chris up to be shot by going to his door and faking a drug deal.

Point is, I can't imagine what Billy would gain by going to trial if it comes out in George's trial that he shot people, plus planned it of course, there are still 14 more counts besides murder.

Note how his Bond Hearing and speedy trial never went anywhere. My guess is that it was his attorneys that stopped all that. As stubborn as he is, he is no match for his attorneys or for that matter, the court system.

Here are some things on the Docket for Billy, I don't know why his attorneys didn't question shoe prints and guns at the Daubert Hearing:

Counsel for the Defendant suggested that Daubert hearings on Defendant's Motions Nos. 42 and 43 could be scheduled in coordination with similar hearings that may be scheduled in the case of co-defendant, George Washington Wagner IV, and further suggested a separate motion hearing on other Defendant's motions, be scheduled no later than August 31, 2022, and that a jury trial be scheduled to commence no later than October 31, 2022. Defendant's counsel further indicated that there was work to be done by the defense concerning mitigation, and that the defense would need until approximately August 31, 2022, in order to prepare for hearing on some of the Defendant's motions and until approximately October 31, 2022, in order to prepare for trial.

Defendant's Motion No. 42, entitled DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL DAUBERT HEARING TO DETERMINE THE ADMISSIBILITY OF BALLISTICS EVIDENCE AND OPINIONS, Defendant's Motion No. 43, entitled DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL DAUBERT HEARING TO DETERMINE THE ADMISSIBILITY OF SHOEPRINT EVIDENCE AND OPINIONS.
 
  • #239
Whenever it is, he can’t lose running unopposed…
Looks like the May election was only a Primary. So I guess it goes without saying Junk won the Primary.

General Elections appear to be November 8, 2022.

JMO
 
  • #240

Interesting for anyone who may have missed this or wants to see it again. How the Wagner's treated their son's partners. I believe the partners will testify at trial and a lot more about this will come out. Stomach turning stuff. There is more in the Other Acts Motion evidence. Spying, threats, etc...

The four Wagner family members charged shared all their finances with each other and made decisions as a group about every aspect of their lives, Canepa said. While this included committing the homicides, it also involved relationships and selecting partners, as well as sharing intimate details of ongoing relationships.

The elder Wagners had a history of seeking control over the offspring of their two sons and of seeking to isolate and control their girlfriends/wives, Canepa said. This included making the grandchildren call Angela their mother and becoming upset when Jake’s wife, the child’s stepmother, called the wife "mom," prosecutors said.

To help demonstrate the control the elder Wagners had, George IV’s ex-wife would testify that she was only allowed to call her mother once a year, Canepa said.

There were threats of violence against former partners, including one incident where Angela told son George’s now ex-wife that she would “go get the gun," Canepa said. The woman fled the home, hid in a barn until dark and then rode a bike to a nearby gas station to call for help, she said.

Canepa said the woman Jake met and married while in Alaska became a concern to the Wagner family, and she even kept a journal about their controlling nature. Jake didn’t want to end the relationship, but gave in to the other family members who voted that he end the relationship.


Canepa said the Wagner patriarch, Billy, set up a fake "lucrative" drug deal meeting with Christopher Rhoden Sr. at his Union Hill Road property, but it was an ambush.

"Chris Sr. expected to see Billy Wagner that night," Canepa said. "He did not know Jake and George were present, because they were hidden in the car."

That new fact squares with an anecdote Dana Rhoden's late father, Leonard Manley, told reporters shortly after his daughter and her family were found dead.

“Whoever done it know’d the family because there were two dogs there that would eat you up, but I ain’t gonna say no more,” Manley said at the time.

Leonard also was the one who mentioned the custody dispute right away. When asked about the Wagner's specifically he said nothing because I believe he suspected them. This was either after the laser focus or after the arrests.
 
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