OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #76

[joe jones]

It doesn't. But having a bunch of guns before a murder with some missing after.

but they know this, so they waste another full day of testimony showing gun after gun after gun to jury when not one of those guns bears any relation to a gun used in the homicide, they didn't need to show all those guns to elicit the only testimony that was relevant, the jury already knew the .22 used at scene 2 and 3 and casings from Peterson Rd was a Walther he has previously testified to this,

the guns used in the crimes were on a list in JW phone and those guns were not recovered from the Flying W, the list is hearsay until JW testifies that he made it, but hearsay rules in this trial are not strictly adhered to

a whole court day to elicit a few bits of evidence, and the judge will have to give the jury a limiting instruction on how they cannot infer anything, everything has to be proven, so when state argue they have GW" on wiretaps saying that list was a wish list the jury cannot infer what he means by wish list, the state will have to prove he knew JW had the list on his phone, he had seen the list, the ownership of the guns at the flying W has been proven and the list matches up to the owners name on the phone, only then can the jury decide whether he was telling the truth or not as it pertains to his use of the word wish list,

JW will have to fill in the blanks when he testifies,

 

[dgfred]

It is not a DP case

 

[joe jones]

Wait, GW's jury is not DP qualified? Is his legal team? GW4?

Another poster says his jury is death qualified I missed learning that, His defense team will have to be qualified to defend a capital murder charge x 8 I would assume

 

[joe jones]

It is not a DP case

it will be if JW does not testify to the satisfaction of the state

 

[arielilane]

Still even if done right... their will be another for BW.

I wasn't clear, as my comment was about GW4 thinking mistrial because I panicked. My apologies, dgfred.

 

[Betty P]

Wait, GW's jury is not DP qualified? Is his legal team? GW4?

I think they are because, by going to trial, GW4 put the DP back on the table. That's why the defense attorneys all had to be DP qualified. It's why the Judge has allowed them so many pre-trial hearings and motions, given them so many warnings, etc. because it is a DP trial.

 

[sunshineray]

It is not a DP case

It's still hanging there. JW's testimony to the satisfaction of the prosecution is how the DP is removed from this trial. GWIV has death penalty approved/certified lawyers as well. The retaining or removal of the DP all hinges on JW's testimony.

 

[arielilane]

I think I see where prosecution is going now.

• He's tying the cartridge cases/ballistics from Frankie & Dana's murder scenes to the cartridge cases found on Peterson Rd.
• Then he's showing these cartridges used in the murders did not match the other guns found.
• Therefore, the cartridges match one of the guns dumped in the pond.
• All of those guns found in homes, plus the guns in parts found in the pond are on the family inventory list of guns.
• Therefore, they owned all those guns before the murders, the ones they used for the murders were put in the pond.
• George lied about the inventory list, which contained the murder weapons
• Conspiracy

Awesome, Betty, and this is one of many reasons you can never leave WS. Thank you.

 

[dgfred]

No. The jury did not know what guns the W's had before the murders.
What guns were used does not show ownership.
It is not hearsay if they are showing a list. Right?
Does it matter who wrote the list... if it matches up?
Don't think JW has to verify but he may.

 

[joe jones]

wonder if we will get to hear what if anything was in that huge safe,

 

[Betty P]

You have 30 tux for formals/ a person is killed at a formal you attended/ you currently have 29 tux in your closet. Hmmmm

Then you made a list of the 30 tuxes you owned and when the police asked what that list was, you said it was a list you made after the murder of tuxes you wanted buy. Getting caught in the lie makes you a conspirator because you lied.

 

[sunshineray]

wonder if we will get to hear what if anything was in that huge safe,

Didn't someone already testify there was 20 grand in there...I don't know if anything else was mentioned?

 

[justtrish]

but they know this, so they waste another full day of testimony showing gun after gun after gun to jury when not one of those guns bears any relation to a gun used in the homicide, they didn't need to show all those guns to elicit the only testimony that was relevant, the jury already knew the .22 used at scene 2 and 3 and casings from Peterson Rd was a Walther he has previously testified to this,

the guns used in the crimes were on a list in JW phone and those guns were not recovered from the Flying W, the list is hearsay until JW testifies that he made it, but hearsay rules in this trial are not strictly adhered to

a whole court day to elicit a few bits of evidence, and the judge will have to give the jury a limiting instruction on how they cannot infer anything, everything has to be proven, so when state argue they have GW" on wiretaps saying that list was a wish list the jury cannot infer what he means by wish list, the state will have to prove he knew JW had the list on his phone, he had seen the list, the ownership of the guns at the flying W has been proven and the list matches up to the owners name on the phone, only then can the jury decide whether he was telling the truth or not as it pertains to his use of the word wish list,

JW will have to fill in the blanks when he testifies,

BBM - the list was found on Jake's phone though so it isn't hearsay is it? (asking because I don't know just seems it wouldn't be hearsay if it was found on a device owned and used by a specific person).

 

[joe jones]

Then you made a list of the 30 tuxes you owned and when the police asked what that list was, you said it was a list you made after the murder of tuxes you wanted buy. Getting caught in the lie makes you a conspirator because you lied.

the elements of conspiracy are not that you lied but that you actively participated, GW can't be convicted just for being a liar, some evidence has to be provided that show he did something, and the state has to prove that he lied about the list, so JW has to testify that GW knew the list was on JW phone, that the list was an inventory of the families guns, that GW owned said guns, all of that has to come via JW

 

[sunshineray]

I thought that court was off today so I'm coming late and uninformed....ugh

 

[arielilane]

*

 

[sunshineray]

the elements of conspiracy are not that you lied but that you actively participated, GW can't be convicted just for being a liar, some evidence has to be provided that show he did something, and the state has to prove that he lied about the list, so JW has to testify that GW knew the list was on JW phone, that the list was an inventory of the families guns, that GW owned said guns, all of that has to come via JW

His lies can illuminate and enhance. MO

 

[justtrish]

the elements of conspiracy are not that you lied but that you actively participated, GW can't be convicted just for being a liar, some evidence has to be provided that show he did something, and the state has to prove that he lied about the list, so JW has to testify that GW knew the list was on JW phone, that the list was an inventory of the families guns, that GW owned said guns, all of that has to come via JW

I'm listening to the first 20 minutes when the lawyers were arguing about introducing the evidence and they have mentioned several times that they have George's own words on the wire tap that implicate him and show him trying to hide the conspiracy and to mislead investigators on the nature of the list. He must know the list exists if he's speaking about it on the wire tap they have.

 

[joe jones]

BBM - the list was found on Jake's phone though so it isn't hearsay is it? (asking because I don't know just seems it wouldn't be hearsay if it was found on a device owned and used by a specific person).

I think it is hearsay until JW testifies, I wonder when we will get to hear from JW and AW, they are going to be on the witness stand for days, as they are both needed to show what GW knew and when he knew it, that GW was an active participant to the planning and carrying out,

 

[Berrybell]

the elements of conspiracy are not that you lied but that you actively participated, GW can't be convicted just for being a liar, some evidence has to be provided that show he did something, and the state has to prove that he lied about the list, so JW has to testify that GW knew the list was on JW phone, that the list was an inventory of the families guns, that GW owned said guns, all of that has to come via JW

Thank you Joe.