OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #80

[arielilane]

Moments ago, the media won a restraining order (for lack of better words) achieving two things:

1. Jake Wagner’s testimony must cease until the court holds a hearing as to why his testimony may be shielded from the public.


It said in the order if Deering ignores the restraining order there will be a mistrial declared.

Deering ignored it and told them to bring Jake in for questioning which is still going on.

So what now?

Raize,
My exact sentiments. Betty nailed it, but I hope is wrong.

 

[Pru2U]

Moments ago, the media won a restraining order (for lack of better words) achieving two things:

1. Jake Wagner’s testimony must cease until the court holds a hearing as to why his testimony may be shielded from the public.


It said in the order if Deering ignores the restraining order there will be a mistrial declared.

Deering ignored it and told them to bring Jake in for questioning which is still going on.

So what now?

That was Myer's view (opinion or interpretation) in his original tweet. Since then, he has added:

Derek Myers @DerekMyers

Judge Deering says the rule prohibiting media filming is not his rule, but that of Ohio. He has permitted the testimony of Jake Wagner to continue today with the hearing still on for tomorrow.
1:11 PM · Oct 25, 2022

The testimony today, of course, will continue to be off-camera.
Followed by some Tweeters you follow.

Then this question which hasn't been answered.

@CrimeFried
27m
Replying to
@DerekMyers
I can’t remember it off hand but isn’t Ohio’s “rule” to ‘defer to each Judge’ leaving it to the judges discretion from decades ago?

 

[Pru2U]

Defense wins! We're right back where we've been the last 4 years. GW4s case tied up in court until the public stops paying attention, the budget runs out and they quietly drop charges and set him free.

What? No! Chin up! It's going to be fine.

 

[RAISINISBACK]

This question came in at end of Tweet & James answers:


@JowiiBee
33m
Replying to
@jamespilcher
and
@Local12
This is good news for journalists and followers of this trial, correct?
James Pilcher
@jamespilcher
·
28m
Replying to
@JowiiBee
and
@Local12
Yes on the surface. But we're waiting to see if there will be a hearing on the media rules, or if the judge just throws them out - which could bring a motion for mistrial from the defense. This is not a slam dunk win yet.

Jake pleaded guilty and he gets the option to opt out. Why doesn't George get that same option to opt out? That may be why the defense can get a mistrial.

JMO

 

[Betty P]

What? No! Chin up! It's going to be fine.

I wish I could but the Wagner's and GW4s attorneys are getting the mistrial they've been working for. Maybe try Billy next, let him testify about GW4 . Nah, they'll use tricks to get Billy out too

 

[ohioexpat63]

Deering didn't ignore the order. He ordered a hearing for tomorrow, a.m.

 

[Betty P]

Jake pleaded guilty and he gets the option to opt out. Why doesn't George get that same option to opt out? That may be why the defense can get a mistrial.

JMO

GW4 probably won't testify. Murder defendants rarely do.They want to use this tv media access kerfuffle to get Jakes testimony thrown out completely.

 

[RAISINISBACK]

https://twitter.com/DerekMyers
Moments ago, the media won a restraining order (for lack of better words) achieving two things:

1. Jake Wagner’s testimony must cease until the court holds a hearing as to why his testimony may be shielded from the public.

2. The media and public are now free to come and go from the court room, as opposed to being locked in/out during proceedings.

Media lawyer
@jackcgreiner
has joined the case and has requested a hearing be held to determine if the testimony of Jake Wagner can be filmed in the trial of #GeorgeWagnerIV

It is unclear if Judge Deering will obey the higher court’s ruling, and if so, when such a hearing would be held.
@jackcgreiner
, on behalf of the media pool has asked for advance notice of hearing so his firm may attend. The court is on an “extended lunch break” as of now.


Besides Mr. Myers' twitter page, a copy of the Order is posted on page 1 of this thread.

1. Jake Wagner’s testimony must cease until the court holds a hearing as to why his testimony may be shielded from the public.

Deering ignored the ruling and told them to bring Jake in for more testimony. Deering may regret ignoring an order from a higher court if that higher court declares it grounds for a mistrial.

JMO

 

[Pru2U]

Jake pleaded guilty and he gets the option to opt out. Why doesn't George get that same option to opt out? That may be why the defense can get a mistrial.

JMO

The rule is for witnesses to opt out, not the accused.

JW is the witness. GW is the accused.

 

[dgfred]

To see/hear has zero to do with guilt. Still don't understand why any guilty party can 'opt out'.

 

[ohioexpat63]

GW4 probably won't testify. Murder defendants rarely do.They want to use this tv media access kerfuffle to get Jakes testimony thrown out completely.

Im not understanding how a media deal can have JWs testimony thrownout. How does this, JW being in or out, damage GW4 ability to a fair trial? jmo

 

[justtrish]

I mean...I don't even understand how they found enough locals for a jury that wasn't following the case in the first place.

But I don't think JW's deal will collapse...unless there is a mistrial & he refuses to testify in a new trial. I do not think that will happen. His sentencing doesn't happen until after trials are completed for both GW & BW. I'm optimistic there won't be a mistrial. HOWEVER! If GW somehow wins a new trial on appeal - that might be a whole nother ball game.

Jake has confessed, he's not going anywhere. Let's live in the moment & not stress about either till that happens.

I don't believe there will be a mistrial. I was just suggesting the reason for his opt out might be his lawyers advise. He has a deal, but they should still be trying to look out for his best interests. I was just thinking of reasons why it could be harmful to him to be videoed (besides the obvious he doesn't want to look bad or he wants to hide his face) and that's what I came up with. His lawyer wants to see through to the end his deal and that isn't over until sentencing. I hope we do get to see him from tomorrow forward. I'm especially curious to see him on cross. That will be the tell in my opinion if he's been lying or telling the truth. He will either hold up well and not let the defense rattle him and change his story or he will be wishy washy and getting confused, etc. It might show us all if we think his direct testimony was truthful.

 

[Pru2U]

I don't believe there will be a mistrial. I was just suggesting the reason for his opt out might be his lawyers advise. He has a deal, but they should still be trying to look out for his best interests. I was just thinking of reasons why it could be harmful to him to be videoed (besides the obvious he doesn't want to look bad or he wants to hide his face) and that's what I came up with. His lawyer wants to see through to the end his deal and that isn't over until sentencing. I hope we do get to see him from tomorrow forward. I'm especially curious to see him on cross. That will be the tell in my opinion if he's been lying or telling the truth. He will either hold up well and not let the defense rattle him and change his story or he will be wishy washy and getting confused, etc. It might show us all if we think his direct testimony was truthful.

I think we will get to see the cross. Maybe even as soon as tomorrow.

 

[pittsburghgirl]

For the third time, that is Derek Myers opinion.

And I doubt any higher court will declare a mistrial just because the media is upset that they are allowed in the courtroom but the trial is not broadcast.

 

[Betty P]

1. Jake Wagner’s testimony must cease until the court holds a hearing as to why his testimony may be shielded from the public.

Deering ignored the ruling and told them to bring Jake in for more testimony. Deering may regret ignoring an order from a higher court if that higher court declares it grounds for a mistrial.

JMO

Did you see that on television ?

 

[justtrish]

I think we will get to see the cross. Maybe even as soon as tomorrow.

Can you imagine if the defense really gets going hard and the Jake just tells more than they want heard.. like maybe that George did shoot someone.. he wasn't frozen that night and he did shoot Chris's arm and everywhere else.. lol I want to know who covered up Dana too. I mean the defense can hammer him hard and get him to say he was trying to protect George and that he did shoot someone.

 

[Puzzles8]

For anyone wondering, Here is a clip of the Boondock Saints II 'Ding Dong' scene. Warning, violence and language

JMO

 

[Betty P]

Im not understanding how a media deal can have JWs testimony thrownout. How does this, JW being in or out, damage GW4 ability to a fair trial? jmo

Because this legal team always has a way of getting what they want. They have everyone here thinking GW4 is a saint. A victim of the two Wagner's who have already confessed. Billy will be next on the "he really isn't that bad" list.

 

[Pru2U]

Can you imagine if the defense really gets going hard and the Jake just tells more than they want heard.. like maybe that George did shoot someone.. he wasn't frozen that night and he did shoot Chris's arm and everywhere else.. lol I want to know who covered up Dana too. I mean the defense can hammer him hard and get him to say he was trying to protect George and that he did shoot someone.

The cross is where we'll see truth or lies. Telling the truth is easy. It's hard to keep up with lies, especially when one lie is told to cover another. Easy to trip up in cross.

You saw how confident EA (Beth) was when cross examined? She stood by her testimony and didn't let them twist her words. The truth is easy & it shows.

 

[Betty P]

Im not understanding how a media deal can have JWs testimony thrownout. How does this, JW being in or out, damage GW4 ability to a fair trial? jmo

Because this legal team always has a way of getting what they want. They have everyone here thinking GW4 is a saint. A victim of the two Wagner's who have already confessed. Billy will be next on the "he really isn't that bad" list JMO

Pardon my cynicism but this has been going on for over 6 years.