OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #82

[justtrish]

I don't understand why everyone.....juror, witnesses, can only rely on their memory, and not on any written documents. My mind is such that I don't remember what I hear, but I do remember what I've written down...and I often keep notes of important events in case I need to recall it later...such as when did this fever start, what symptoms did you have, etc. If I had to rely on memory....forget it. Seems unfair and the courts loss on valuable evidence.

I believe they are allowed to listen to the recordings again. They are allowed to see the actual evidence like the text messages and any exhibits that show something pulled from a phone dump or computer. They just can't have transcripts that someone else made for a recording that isn't crystal clear. I think if these were not SO important then the defense would not be arguing over it. I understand why they don't allow the transcripts to go with the jurors. I think it makes sense to require the jurors to listen again and decide for themselves what they think it being said vs taking a transcripts word for it. What if they hear one thing and the transcript shows something else? Would they then be using the transcripts because they think that is fact when it was someone's interpretation of what was said?

I really don't think there is going to be a huge discrepancy though and likely what is transcribed is what is said, but the defense knows it's damning to their client so they are protesting. I think the recordings will speak for themselves and this is all just a big delay and distract thing.

 

[Skully67]

Right. The transcripts have not been accepted into evidence.

Edit: Are we talking about the audio transcripts only? I believe the jury can request court reporter's transcripts of testimony.

That's a good question. Also, can the jury listen to the testimony again, or only read the transcript by the court reporter. And doesn't both prosecution and defense have to sign off on the court reporters transcript.

 

[Lilttledoggie]

Judge isn't cutting AC any slack right now, he looks a bit PO'd. Arguing to admit recorded discussion about borrowing money from FW until an insurance check comes in.

Also discussion about catalytic converters but I can't hear it very well.

Very Po’d… and I do think he’s not feeling very good today either.

 

[Skully67]

Very Po’d… and I do think he’s not feeling very good today either.

He probably wants to be done with this case, like the rest of us.

 

[sunshineray]

I understood it to be because there might be defense objections to exactly what is heard. So they will allow the transcripts to be there for the sake of following along the recordings in court, but the transcripts are not to be taken as fact. The recording is the evidence so if the jurors want to hear those again they can, but if they provide the transcripts to take for deliberations then the jurors would take the exact translations to be the evidence when it isn't, it's the recording itself, which could be open to interpretation if there is any question on what a word or phrase is. The state had them transcribed, but people are not perfect and of course the defense would object to any transcripts that say something super incriminating. I guess they think if the recording it even a little iffy then the jurors might not hear the same incriminating thing as what the transcriptionist did.

Ok, but I thought the defense and prosecutors agreed on content of the majority of the chosen 20 something recordings? Isn't that what was reported on Twitter by one of the news reporters?

 

[Betty P]

Right. The transcripts have not been accepted into evidence.

Edit: Are we talking about the audio transcripts only? I believe the jury can request court reporter's transcripts of testimony.

The jurors are allowed to read the transcripts while listening to the recordings in the court room, but the transcripts they were given have to stay outside the jury room.

I don't think it will be as much an issue this time as the recordings allegedly, are better than previous ones. DHS gave them better recording devices to plant in the truck, so sound is clearer.

 

[Pru2U]

That's a good question. Also, can the jury listen to the testimony again, or only read the transcript by the court reporter. And doesn't both prosecution and defense have to sign off on the court reporters transcript.

Yes, the court reporters transcript should be provided to both sides for review each evening.

The jury will have access to the court reporter's transcript of which everything outside the jury's presence will be redacted. For instance, they won't know about what is being discussed right now.

Regarding the audio transcripts: NO the jury will not have those during deliberation, however, they WILL have the audio available if they want to listen to it.

I hope that helps.

 

[Chelly]

Watching these wiretap arguments between lawyers. Progress is slow. Judge appears annoyed and sometimes confused. jmo.

 

[Betty P]

He probably wants to be done with this case, like the rest of us.

Was just thinking, if Judge Deering retires next year and GW4 is convicted, any appeals that GW4 makes will be handled by the appeals court

Ohio Fourth District Court of Appeals

Ballotpedia: The Encyclopedia of American Politics

ballotpedia.org

Deering's term expires Feb 8, 2023

https://lookup.boe.ohio.gov/vtrapp/pike/cnm.aspx

Whomever replaces Judge Deering (allegedly Rob Junk), may preside over Billy's trial.

ETA: Junk is running unopposed

https://lookup.boe.ohio.gov/vtrapp/pike/cfis.aspx

PIKE COUNTY COMMON PLEAS JUDGE​

Filing Deadline: 05/03/2022
Term Start: 02/09/2023
Term End: 02/08/2029
To Elect: 1
Partisan Race


Robert Junk

Democrat

NOMINATED

601 W NORTH ST
WAVERLY , OH 45690

 

[CIA Team Member]

Had to pop out for a bit during the lunch break. Now seeing they're arguing over the wire taps; line by line? We'll be here for days on this subject, yes?
Could this have taken place prior to the start of this trial to avoid this current scenario?

 

[CIA Team Member]

Was just thinking, if Judge Deering retires next year and GW4 is convicted, any appeals that GW4 makes will be handled by the appeals court in Cincinnati.

Whomever replaces Judge Deering (allegedly Rob Junk), may preside over Billy's trial.

Would Junk then have to recuse in that scenario?

 

[Pru2U]

Also, can the jury listen to the testimony again, or only read the transcript by the court reporter.

I'm not sure if there is a court recording of all witnesses.

 

[Tillicum]

Watching these wiretap arguments between lawyers. Progress is slow. Judge appears annoyed and sometimes confused. jmo.

I know I'm annoyed and confused too. Do we know if jurors are allowed anything back there to pass the time? Like a book or something? Or are they just stuck there twiddling their thumbs?

 

[ColMustard]

As I said...I can't rely on my own hearing to remember what was said. And although as a juror you're allowed to take notes, the court isn't going to slow down testimony to allow you to catch up with your notes.

My idea for the courtrooms of the future... Fully wired for audio and at least two remote cameras, three could be better. Maybe even some accoustic soundproofing, and of course monitor screens for evidence display.

I can't even get good notes sitting here at my desk, using a paper pad on my knee... I'll probably just doodle on mine, and get an F-.

 

[ColMustard]

Very Po’d… and I do think he’s not feeling very good today either.

Oh just wait until he sees that extreme closeup they had of him. I really wish I could hear all this better. It's like Charlie Brown's teacher, waa-wa-waaa-wa-waa I could almost make out Parker nearly shouting right now.

 

[Chelly]

Had to pop out for a bit during the lunch break. Now seeing they're arguing over the wire taps; line by line? We'll be here for days on this subject, yes?
Could this have taken place prior to the start of this trial to avoid this current scenario?

Of course these wiretaps should have been argued before trial. Prosecution has had them for years.

 

[justtrish]

Of course these wiretaps should have been argued before trial. Prosecution has had them for years.

They also had them transcribed LONG time ago and the defense has had them all this time as well. Now here we are...

Also why did they not do this part during the jury's 2 hour lunch? Makes no sense.. or before court started today like they did the last time? Have jury show up at 10 and they do this before that? Now they had a 2 hour lunch and another 30 minutes after that because the court couldn't do this mess during the already extended lunch? Don't get it.

 

[Pru2U]

Was just thinking, if Judge Deering retires next year and GW4 is convicted, any appeals that GW4 makes will be handled by the appeals court in Cincinnati.

Whomever replaces Judge Deering (allegedly Rob Junk), may preside over Billy's trial.

I couldn't put my hands on it if I tried but I did read (or hear) a legal opinion that Deering could be called back into duty for BW's trial as a "special judge" (or some legal terminology I don't remember.)

It was a "what if" conversation in regard to Junk prosecuting first 3 defendants then being judge for 4th.

MOO

 

[twall]

Oh just wait until he sees that extreme closeup they had of him. I really wish I could hear all this better. It's like Charlie Brown's teacher, waa-wa-waaa-wa-waa I could almost make out Parker nearly shouting right now.

I feel sorry for the court reporter...getting spit on by AC and her and Parker talking at the same time!

 

[Pru2U]

They also had them transcribed LONG time ago and the defense has had them all this time as well. Now here we are...

Also why did they not do this part during the jury's 2 hour lunch? Makes no sense.. or before court started today like they did the last time? Have jury show up at 10 and they do this before that? Now they had a 2 hour lunch and another 30 minutes after that because the court couldn't do this mess during the already extended lunch? Don't get it.

Parker or Nash (one of them) was whining about how they just got a few of them this morning & reviewed at lunch, missing their lunch. Bless.