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

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  • #581
I believe AC was citing case law that in a conspiracy case, a co-conspirator's statement cannot be played.
Ok...so can defense use it if JW testifies?
 
  • #582
State is reminding the courts that this is a conspiracy case. Will argue more on this in the morning.
I bet AC comes in firing on all cylinders too. lol I think her area of expertise is past case law and what is /isn't allowed or what the precedents are for various things.
 
  • #583
  • #584
Why can't they play GWIV's audio interview?
Hopefully someone more knowledgeable can answer that. I just heard that in what AC was arguing to the judge.
 
  • #585
Doesn't sound like it, unless the judge rules otherwise. But I'm not a lawyer.
It sounded to me like the defense could question Jake on the content of it if he was on the stand, but not play it? Maybe I misheard, but it was something about their opportunity to introduce that line of questioning could come when Jake is on the stand and they want to ask about statement he made.
 
  • #586
Found the DVR mentioned in the opening. I knew I saw it somewhere! lol


"I forgot to mention a couple of things they admit. They also admit that Angela admits that they only scolded them for buying that DVR camera thing in March of 2016 and told them to get rid of it. So Jake and George had painstakingly put those devices up around the house, and then once they were told by Billy to remove them, they removed it and they decided they needed to burn it to make sure there was no evidence because Billy was like, That will catch us coming and going at the night of the murders, right?"
 
  • #587
She knows the slick operators they're up against. She knows the power that's been pulling so many strings in order to set these killers free.


Who keeps murder weapons in their bedroom just to protect a family member?
Those murder weapons must have been very precious to the Wagners. The Wagners, it appears, were confident that bedroom would never be searched. Wouldn't it seem that a family member who stores murder weapons in own bedroom might be complicit in the crime?
 
  • #588
I missed some testimony today, but did I hear correctly when they said all those guns were in Robin Wagners bedroom,
what gun license or registration do you need in Ohio for all those guns? CRsr and the Wagners had loads of guns I wonder if they were all legally held
 
  • #589
Found the DVR mentioned in the opening. I knew I saw it somewhere! lol


"I forgot to mention a couple of things they admit. They also admit that Angela admits that they only scolded them for buying that DVR camera thing in March of 2016 and told them to get rid of it. So Jake and George had painstakingly put those devices up around the house, and then once they were told by Billy to remove them, they removed it and they decided they needed to burn it to make sure there was no evidence because Billy was like, That will catch us coming and going at the night of the murders, right?"
Where did you hear or read this? The only I heard was Jake said not related to murders. Oh I see in opening statement. But canepa also side dead Silents when they got it truck but failed to mention the listening device didn’t work. Opening statement are misleading on both sides. Jmo
 
  • #590
Those murder weapons must have been very precious to the Wagners. The Wagners, it appears, were confident that bedroom would never be searched. Wouldn't it seem that a family member who stores murder weapons in own bedroom might be complicit in the crime?
I didn't think those guns were the murder weapons, if they were why isn't Robin Wagner charged with assisting an offender, or some other charges relating to the guns
 
  • #591
It sounded to me like the defense could question Jake on the content of it if he was on the stand, but not play it? Maybe I misheard, but it was something about their opportunity to introduce that line of questioning could come when Jake is on the stand and they want to ask about statement he made.
Perhaps they want to use the tape to imply Jake also lied in his proffer.

Any murderer who was being questioned by LE is going to lie at first. Years later, if they decide to turn state's evidence, they're going to tell the truth and it will be different from what they said in previous interviews. If you're confessing, it's ok to admit you lied before when you were trying to hide your guilt.

But a defense attorney who is trying to get your partner off is going to try to make you look like you're lying all the time. That's what defense attorneys are paid to do, use any trick in the book to put killers back on the street.

Assume AC is saying the way GW4's defense is trying to impeach confession testimony isn't allowed in conspiracy cases, where one (or in this case 2) killers are confessing while testifying about their co-conspirators who haven't confessed. Manipulating an old interview to impeach the testimony of the conspirator who has confessed, on order to get off the conspirator who refuses to confess.
 
  • #592
Found the DVR mentioned in the opening. I knew I saw it somewhere! lol


"I forgot to mention a couple of things they admit. They also admit that Angela admits that they only scolded them for buying that DVR camera thing in March of 2016 and told them to get rid of it. So Jake and George had painstakingly put those devices up around the house, and then once they were told by Billy to remove them, they removed it and they decided they needed to burn it to make sure there was no evidence because Billy was like, That will catch us coming and going at the night of the murders, right?"

He didn't say just he and Jake would be coming and going. That's what all that chatter was about.
 
  • #593
I missed some testimony today, but did I hear correctly when they said all those guns were in Robin Wagners bedroom,
what gun license or registration do you need in Ohio for all those guns? CRsr and the Wagners had loads of guns I wonder if they were all legally held

No license or registration needed, unless the gun is a fully automatic. Permit needed to own/possess a suppressor, legal for hunting with a permit.

All the high-powered rifles are still illegal for any hunting in Ohio, but legal to own. Straight-walled rifle cartridges only for hunting.
 
  • #594
I missed some testimony today, but did I hear correctly when they said all those guns were in Robin Wagners bedroom,
what gun license or registration do you need in Ohio for all those guns? CRsr and the Wagners had loads of guns I wonder if they were all legally held
None, if they are gifted or given to you and held by you at your place of residence. (No mandatory registration of gifted guns or privately purchased.) At the time of confiscation, one needed a concealed carry permit to conceal carry off of one's property. Now, no permit needed to conceal carry a handgun. Laws did and still do guide the manner in which a hand gun may be transported in a vehicle.
 
  • #595
Perhaps they want to use the tape to imply Jake also lied in his proffer.

Any murderer who was being questioned by LE is going to lie at first. Years later, if they decide to turn state's evidence, they're going to tell the truth and it will be different from what they said in previous interviews. If you're confessing, it's ok to admit you lied before when you were trying to hide your guilt.

But a defense attorney who is trying to get your partner off is going to try to make you look like you're lying all the time. That's what defense attorneys are paid to do, use any trick in the book to put killers back on the street.

Assume AC is saying the way GW4's defense is trying to impeach confession testimony isn't allowed in conspiracy cases, where one (or in this case 2) killers are confessing while testifying about their co-conspirators who haven't confessed. Manipulating an old interview to impeach the testimony of the conspirator who has confessed, on order to get off the conspirator who refuses to confess.
I think somehow they can't use George's interview to show he was lying then because it would taint the jury about him now also. So since it's a conspiracy they also then can't use any of their statements to show any of them were lying in order to make George less guilty. They would not be allowed to then play George's to refute the defense playing Jake's so they also then should not be allowed to play Jake's.

I do understand that somehow. If George lied in that interview, then they play it, that might make the jury think he's just a big liar and since they were suspects at the time of these interviews (previous interviews they were not) it changes things. So the defense wanted to show Jake as a liar and the prosecution would be left not being able to show George lied too because it looks bad to the jury.

I am thinking this is just because of the conspiracy being charged? I wish I understood things better!
 
  • #596
Jmo another day of really nothing linking George to planning, murder or cover up. They has to get to the point. They have to put some real evidence in there.
 
  • #597
I didn't think those guns were the murder weapons, if they were why isn't Robin Wagner charged with assisting an offender, or some other charges relating to the guns
James Pilcher
@jamespilcher
·
1m

Room A of the Flying W where all the weapons were found was Robin Wagner's bedroom - she's Billy Wagner's sister.
@local12
 
  • #598
If reflections of jurors was shown could deering shut down the media for it ?
No, the court might be required to put a non-reflective film on whatever screen is causing the reflection, if it reflected clearly enough to identify a juror. 1 trip to Wal-Mart. 1 box of privacy film. Fixed.

Also, grand jury members are kept secret, jurors' identities are not. AMOO IANAL
 
  • #599
I missed some testimony today, but did I hear correctly when they said all those guns were in Robin Wagners bedroom,
what gun license or registration do you need in Ohio for all those guns? CRsr and the Wagners had loads of guns I wonder if they were all legally held

Ohio is pretty lax on gun laws, sad to say.
 
  • #600
I didn't think those guns were the murder weapons, if they were why isn't Robin Wagner charged with assisting an offender, or some other charges relating to the guns
OK. Maybe they were not the murder weapons. If I misunderstood, I am sorry.
 
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