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

[Pru2U]

No idea. I’ve watched several trials over the years and believe I have heard defendant recordings but I don’t remember specifics. I probably never knew those specifics. I just know this is how it is in THIS case because I have been able to follow it so closely.

 

[Cool Cats]

I feel the same way as you. How can a mother stand there and do that to her son. He was involved I know he took part in some aspects and he will be locked away for life. No wonder George couldn't each lunch that day, and he got a ticket for it if I remember correctly.

A ticket for not eating lunch? What does that mean? They write you what they call tickets in jails and prisons for infractions but George is at court and inmates can skip meals and eat commissary food later.

 

[Johnny B Bad]

don’t forget Sleuthers these people are killers

 

[Betty P]

don’t forget Sleuthers these people are killers

None of them (including George) felt enough pity for the victims to try to stop the slaughter of 8 people. Does GW4 care about the victims? No, not at all.

 

[A Truth Seeker]

There hasnt been instances of that, only baseless accusations.
can you help us out and provide a link? I don’t recall any, TIA

It happened many times. There were motions to compel filed in some of the cases and she routinely missed deadlines the court had set for providing discovery.

 

[Betty P]

It happened many times. There were motions to compel filed in some of the cases and she routinely missed deadlines the court had set for providing discovery.

Yes, that was another trick the defense pulled. Making demands that required a lot of busy work, tying up the prosecutor's office beyond reason. Defense just sat around whining and finding more busy work, more unreasonable demands. That's how they dragged out the pre-trial phase for nearly 4 years.

He's guilty. He deserves to spend the rest of his life in prison. JMO

 

[Cool Cats]

It happened many times. There were motions to compel filed in some of the cases and she routinely missed deadlines the court had set for providing discovery.

But Deering always allowed discovery to then be turned over at a later date and would ask both sides if this was acceptable and defense would always agree. One of the main reasons this Case has gone on so many years is because there is so much evidence they almost hired someone just to help organize and sort it all out.

I think Deering was concerned about the extra cost of doing that and I don't think it was done from what I can tell from the docket. The prosecution and defense did meet together to go over the complex evidence, to help sort it out.

 

[A Truth Seeker]

Is this an OH thing? I watch trials all of the time and the state always plays a defendant's interview when they don't testify. The only time they don't is if the defendant was not properly mirandized.

The state could have played GW's interview if they wanted to. They played BW and AW's. BW did not testify. The state chose not to play GW's interview.

 

[Betty P]

Is this an OH thing? I watch trials all of the time and the state always plays a defendant's interview when they don't testify. The only time they don't is if the defendant was not properly mirandized.

IIRC, there was no interview to play. BCI anticipated they were going to cross the US border w/ Canada at a different location and prepared for that. At the last minute, the found the Wags were going to cross at the Montana border station. They had to scramble at the last minute to move everything over to Montana. As a result, they were not able to set up the recording equipment at the new location. The offices at that border crossing were not large or up to date. They were able to put recording equipment into the vehicles of the Wagners, however, and were able to pick up some of their conversations there. Those were played, including audio of George screaming at the children and telling them the bad people in the border agent office were going to harm them and take them away, etc. Children were crying, very upset. Nice guy.

 

[A Truth Seeker]

But Deering always allowed discovery to then be turned over at a later date and would ask both sides if this was acceptable and defense would always agree. One of the main reasons this Case has gone on so many years is because there is so much evidence they almost hired someone just to help organize and sort it all out.

I think Deering was concerned about the extra cost of doing that and I don't think it was done from what I can tell from the docket. The prosecution and defense did meet together to go over the complex evidence, to help sort it out.

The defense asked to hire someone to sort the discovery - not the state. They did that because the 4 W lawyers said they had received different items. They were comparing notes. Yes, there was a lot of discovery. TB's of it. Deering didn't approve the funding to hire the discovery coordinator. If you look back through the cases, deadlines were missed. Some attorneys agreed to the delays and others did not.

 

[Betty P]

But Deering always allowed discovery to then be turned over at a later date and would ask both sides if this was acceptable and defense would always agree. One of the main reasons this Case has gone on so many years is because there is so much evidence they almost hired someone just to help organize and sort it all out.

I think Deering was concerned about the extra cost of doing that and I don't think it was done from what I can tell from the docket. The prosecution and defense did meet together to go over the complex evidence, to help sort it out.

They actually did end up hiring someone to organize all the evidence to the satisfaction of the defense team. It was defense who demanded it. IIRC, it cost about $10,000 and took quite a few months to complete.

Defense was unreasonably demanding and were coddled every inch of the way.

 

[Betty P]

The defense asked to hire someone to sort the discovery - not the state. They did that because the 4 W lawyers said they had received different items. They were comparing notes. Yes, there was a lot of discovery. TB's of it. Deering didn't approve the funding to hire the discovery coordinator. If you look back through the cases, deadlines were missed. Some attorneys agreed to the delays and others did not.

Defense offered no evidence of that. As usual, the judge took them at their word and gave them whatever they wanted, at the expense of Ohio taxpayers. Deering did approve of hiring the person. That was his job. Defense attorneys already had someone picked out to do the work. As an Ohio taxpayer, I helped pay for it.

After 4 years of delays, the judge finally stood up to them and started moving on to trial.

It's over, defense got the white glove treatment. If they have a problem, they can appeal after the verdict. There's no doubt they will continue to do that until the day GW4 dies or the state decides to stop paying the attorneys.

ETA, since its unlikely GW4 will get the DP, the cost of appeals will not be paid by the state, right?

 

[Cool Cats]

They actually did end up hiring someone to organize all the evidence to the satisfaction of the defense team. It was defense who demanded it. IIRC, it cost about $10,000 and took quite a few months to complete.

Defense was unreasonably demanding and were coddled every inch of the way.

Thanks for clearing that up. This means the defense got all of the evidence turned over to them and have nothing to complain about.

 

[Betty P]

Thanks for clearing that up. This means the defense got all of the evidence turned over to them and have nothing to complain about.

They got all of that evidence handed to them on a silver platter, sliced, diced, interpreted in multiple formats. That was close to 2 years ago? They've had plenty of time to go over the evidence.

 

[Betty P]

Here's some of the info about how they came to get search warrants, wiretaps, etc. for the planned interviews with the Wagners at the Canadian border. They were returning to Ohio after going to AK to look for a home.

Pike County murder trial: Texts highlight Wagner family dynamic, purchases for possible silencer

On Wednesday, witnesses presented cell phone data, including text messages between members of the Wagner family, and investigators set the scene for the Wagners' return from Alaska

www.wcpo.com

"BCI agents worked to get warrants for wire taps and searches and coordinated with officials in North Dakota, where the Wagners had crossed the border into Canada when they moved to Alaska. Border Patrol agents and other officials were tracking the Wagner's movements through their cell phones and relaying to BCI agents when they expected the family to re-cross the Canadian border back into the U.S.

After BCI agents got off the plane in North Dakota, prepared to intercept the Wagners to interview them and bug their vehicle, they realized they'd made a mistake — Border Patrol alerted them that the Wagners had declared their port of entry into the U.S. as a city in Montana, not North Dakota.

"We scrambled, kind of panicked a bit," said Scheiderer.

Agents then had to contact Montana law enforcement to request the warrants they'd already obtained for the wrong state, working through the night to get paperwork in order to allow the wire taps and bugs for the Wagner vehicle.

By the time the Wagners arrived at the Montana border, BCI agents were there to interview them — but they lacked camera equipment. Scheiderer said agents attempted to use a body-worn camera during the interviews, but didn't know how to use it properly and accidentally deactivated it when they believed they'd turned it on. As a result, only the audio of the interviews was recorded, he said."

So they couldn't do video, but they did do some audio of the interviews.

So, can someone explain what's the question now about a recording of George's interview?

Is it referencing the one done by BCI at the Canadian border, as referenced above?

Is there a link to a statement from the judge or prosecution that, if there is a recording of an interview with George at the border, that prosecution will not allow anyone to hear it? Defense made a fuss because they wanted to play it on Oct. 15. I assume its still up to the prosecution to play that tape as part of presenting their case at the time they think is best.

Is the trial over? I thought it was still ongoing. I don't understand how it can be assumed that, if the recording exists, it won't be played at some point. Prosecution is preparing to play quite a few recordings next week. AFAIK, they haven't finished presenting their case.

Defense can also play this recording when they present their case.

TIA if someone can help clarify this. I'm not seeing a problem here.

 

[rsd1200]

They got all of that evidence handed to them on a silver platter, sliced, diced, interpreted in multiple formats. That was close to 2 years ago? They've had plenty of time to go over the evidence.

True, but they want to know in what way she'll be presenting it so they can be pre-prepared. It was worth a try. Some of these lawyers have been prosecutors. Those are the ones you want on your team. I don't know who has or if G4's have or not. I'm almost sure G3's was a prosecuting attorney. I a pretty good one. I'm not pulling for G4 but I do admire the attorney's work, on both sides. Such a massive and horrific trial. If G4 keeps saying I'm innocent, they have to defend him as innocent, is my understanding.

 

[Myland]

Here's some of the info about how they came to get search warrants, wiretaps, etc. for the planned interviews with the Wagners at the Canadian border. They were returning to Ohio after going to AK to look for a home.

Pike County murder trial: Texts highlight Wagner family dynamic, purchases for possible silencer

On Wednesday, witnesses presented cell phone data, including text messages between members of the Wagner family, and investigators set the scene for the Wagners' return from Alaska

www.wcpo.com

"BCI agents worked to get warrants for wire taps and searches and coordinated with officials in North Dakota, where the Wagners had crossed the border into Canada when they moved to Alaska. Border Patrol agents and other officials were tracking the Wagner's movements through their cell phones and relaying to BCI agents when they expected the family to re-cross the Canadian border back into the U.S.

After BCI agents got off the plane in North Dakota, prepared to intercept the Wagners to interview them and bug their vehicle, they realized they'd made a mistake — Border Patrol alerted them that the Wagners had declared their port of entry into the U.S. as a city in Montana, not North Dakota.

"We scrambled, kind of panicked a bit," said Scheiderer.

Agents then had to contact Montana law enforcement to request the warrants they'd already obtained for the wrong state, working through the night to get paperwork in order to allow the wire taps and bugs for the Wagner vehicle.

By the time the Wagners arrived at the Montana border, BCI agents were there to interview them — but they lacked camera equipment. Scheiderer said agents attempted to use a body-worn camera during the interviews, but didn't know how to use it properly and accidentally deactivated it when they believed they'd turned it on. As a result, only the audio of the interviews was recorded, he said."

So they couldn't do video, but they did do some audio of the interviews.

So, can someone explain what's the question now about a recording of George's interview?

Is it referencing the one done by BCI at the Canadian border, as referenced above?

Is there a link to a statement from the judge or prosecution that, if there is a recording of an interview with George at the border, that prosecution will not allow anyone to hear it?

If there is a recording and it hasn't been played yet, has the trial been declared over? I thought it was still ongoing. I don't understand how it can be assumed that, if the recording exists, it won't be played at some point.

TIA if someone can help clarify this.

Jmo there is recording of George and bci at border. State says can’t play because that would be like George testifying. If George wants to tell his side they basically said he can take stand. This recording is where the bci guy told George he seemed him different than the others. Jmo there was no video only audio. They were trying to get George to break and tell something.

 

[Betty P]

True, but they want to know in what way she'll be presenting it so they can be pre-prepared. It was worth a try. Some of these lawyers have been prosecutors. Those are the ones you want on your team. I don't know who has or if G4's have or not. I'm almost sure G3's was a prosecuting attorney. I a pretty good one. I'm not pulling for G4 but I do admire the attorney's work, on both sides. Such a massive and horrific trial. If G4 keeps saying I'm innocent, they have to defend him as innocent, is my understanding.

Well, they got what they wanted, so what's the problem?

 

[Betty P]

Jmo there is recording of George and bci at border. State says can’t play because that would be like George testifying. If George wants to tell his side they basically said he can take stand. This recording is where the bci guy told George he seemed him different than the others. Jmo there was no video only audio. They were trying to get George to break and tell something.

Ok, I remember this and its a valid argument against allowing them to play only the recording.

The recording might (likely does) contain false statements. Since GW4 himself isn't taking the stand, the state cannot cross examine him on the accuracy of the statements he makes on the recording. People who have committed murder usually do lie to police when interrogated. They usually don't tell the truth until they've been questioned, evidence presented and their attorneys realize they're likely to be found guilty.

No, its impossible to "assume" George is telling the truth in his answers to BCI in that interview. What are jurors supposed to do? Are they supposed to guess one way or the other if GW4 is being honest? Flip a coin?

Here's a solution, though. Follow the rules and play the recording of the interview if GW4 agrees to take the stand and be subjected to cross-examination about his statements in the recording. Defense refuses to do that, though.

 

[rsd1200]

Did they ever address the black book they found inside of a speaker, on the wall, I think, at CR1's?