OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #83

[Betty P]

Please provide a link substantiating "if they also confess"

According to all MSM reports. The words ".. prosecutors agreed to drop the death penalty option for all four Wagners..." were the plea deal.
Not the words if they also confess. See links posted above. #353 and #354

That was reported when the plea agreement was first announced. Do you have a link for that quote?

TBH, some members of the news media keep getting this wrong. I'll have to go back to the You Tube videos of the pretrial hearing where Judge Deering covered this. Under the law, the state/prosecution has no authority to tell a judge how to rule on a sentence. TBH, when GW4 is convicted of capital offenses, Judge Deering and the prosecution will probably discuss what they want to do before Judge Deering renders his decision.

 

[Niner]

I don't agree. The plea deal for Jake was that if he admits guilt and testifies in any family member's trials, that the death penalty is off the table for him and his whole family.

It doesn't make sense to testify against family members so you can help put them to death. Jake got the death penalty off the table for his whole family.

********"**********"*"""""""""***************************************************************"""""***************

Jake Wagner pleaded guilty to the murders. In exchange for his testimony, the death penalty would be dropped against all four Wagners. Angela Wagner has also pleaded guilty. As part of Jake's plea, the prosecution agreed to take away the death penalty in all four cases.

Jake Wagner pleads guilty in Pike County massacre

Edward “Jake” Wagner is now pleading guilty to eight counts of aggravated murder and other charges.

www.fox19.com

The State is also agreeing to dismiss the death penalty specifications against the other family members and Jake will testify against his mom, dad and brother at their trials.

‘Nobody expected this:’ Why a legal expert is shocked by Jake Wagner’s plea deal

FOX19’s legal analyst says he’s never seen anything like it.

www.fox19.com

Edward “Jake” Wagner accepted the plea deal. In exchange for removal of the death penalty in all four cases.

It says right in Billy's Motion that Jake's plea deal drops the death penalty for the family members he testifies against:

As part of the defendant's agreement between the State and co-defendant Jacob Wagner, Jacob Wagner agreed to testify at the trials of George Wagner IV, Angela Wagner, and George Wagner III. In return, the State agreed to dismiss the "death penalty" specifications in return for Jacob Wagner and each of the Co-defendants that he agreed to testify against.

https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=SkxexgdEeb*8aXr7Yhaj6UtaLHRtKhS8nBULo14TpCIyAaklAKWNILJcWxr4CWNctEyXvsvEtaSJ0beG-L8Omg

Then why did the defense file all these motions regarding the death penalty?

09/03/2019 MOTION NO. 14: DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 30: DEFENDANT'S MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE ON DEATH PENALTY, PUBLICITY, AND OTHER ISSUES FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 33: DEFENDANT'S MOTION TO HAVE THE COURT FOLLOW THE O.R.C. § 2945.25(C) STANDARD FOR "DEATH QUALIFICATION" OF VENIREPERSONS FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 34: DEFENDANT'S MOTION TO EXCLUDE VENIREPERSONS WHO CANNOT FAIRLY CONSIDER MITIGATING EVIDENCE AND/OR WHO WOULD AUTOMATICALLY VOTE FOR DEATH UPON A FINDING OF GUILT IN THE CULPABILITY PHASE FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 35: DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 47: DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE FILED
Attorney: NASH, JR, RICHARD M

09/24/2021 MOTION #73--MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS FILED
Attorney: NASH, JR, RICHARD M AND Attorney: PARKER, JOHN PATRICK

12/17/2021 DECISION AND JOURNAL ENTRY REGARDING DEFENDANT'S MOTION NO 75 -- HAVING BEEN ADVISED AND INFORMED IN THE PREMISES, THE COURT FINDS THAT DEFENDANT'S MOTION NO. 75 IS NOT WELL TAKEN; IT IS THEREFORE ORDERED THAT DEFENDANT'S MOTION NO. 75 IS HEREBY OVERRULED AND DENIED; THIS DECISION AND JOURNAL ENTRY SHALL NOT CONSTITUTE A RULING UPON THE MERITS OF DEFENDANT'S MOTION NO. 73 ENTITLED MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS, AND THE COURT'S DECISION UPON THE DEFENDANT'S MOTION NO. 75 MAY BE RECONSIDERED FOLLOWING A HEARING OF THE ORAL ARGUMENTS OF THE PARTIES UPON DEFENDANT'S MOTION NO. 73

01/10/2022 MOTION NO. 80 DEFENDANT'S MOTION TO SUPPRESS TESTIMONY OF JAKE AND ANGELA WAGNER AND TO DISMISS THE DEATH SPECIFICATIONS FILED
Attorney: PARKER, JOHN PATRICK
Attorney: NASH, JR, RICHARD M

The Court then proceeded to hear the oral arguments of counsel for the Defendant in support of Defendant's Motion No. 73, filed on September 24, 2021, entitled "DEFENDANT'S MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS," and to hear the oral arguments of the State of Ohio's counsel in opposition to such motion. Having been fully informed in the premises through the stipulations of counsel, and through the oral and written arguments of counsel, the Court finds that Defendant's Motion No. 73 is not well taken, and it is ordered that Defendant's Motion No. 73 is hereby overruled and denied.

06/07/2022 MOTION NO. 92 MOTION TO DISMISS DEATH SPECIFICATIONS FILED
Attorney: PARKER, JOHN PATRICK

AS TO DEFENDANT'S MOTION NO. 14, ENTITLED "DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS."
The State of Ohio opposes Defendant's Moton No. 14.
The Court finds that Defendant's Motion No. 14 is not well taken, and it is ORDERED that Defendant's Motion No. 14 is hereby overruled and denied.

AS TO DEFENDANT'S MOTION NO. 33, ENTITLED "DEFENDANT'S MOTION TO HAVE THE COURT FOLLOW THE O.R.C. §2945.25(C) STANDARD FOR 'DEATH-QUALIFICATION' OF VIREPERSONS."
The State of Ohio opposes Defendant's Motion No. 33.
It is the Court's intention to comply with all requirements of the Ohio Revised Code in this action.
The Court finds that Defendant's Motion No. 33, as framed, is not well taken, and it is ORDERED that Defendant's Motion No. 33 is overruled and denied.

AS TO DEFENDANT'S MOTION NO. 35, ENTITLED "DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY."
The State of Ohio opposes Defendant's Motion No. 35.
The Court finds that Defendant's Motion No. 35 is without merit. Each side in a criminal action has wide discretion in the use of peremptory challenges, provided such challenges are not used as a pretext to exclude persons based upon race or gender.
The Court concludes that Defendant's Motion No. 35 is not well taken, and it is ORDERED that Defendant's Motion No. 35 is hereby overruled and denied.

AS TO DEFENDANT'S MOTION NO. 47, ENTITLED "DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE."
The State of Ohio opposes Defendant's Motion No. 47.
Under the law of Ohio, it is an accurate statement of the law to instruct the jury that their finding of death is a recommendation.
The Court intends to follow the law of Ohio, including OJI in instructing the jury in this case.
The Court concludes that Defendant's Motion No. 47 is not well taken, and Defendant's Motion No. 47 is hereby overruled and denied.


well - that is a few of the motions filed & denied.

@Betty P - is that not correct?

Death penalty dropped for all four Wagners (5th paragraph in Columbus Dispatch story)

Jake Wagner, 29, pleaded guilty to all 23 charges against him on April 22, 2021, the fifth anniversary of the homicides. In exchange for his confession and plea, Jake Wagner will spend the rest of his life in prison and prosecutors agreed to drop the death penalty option for all four Wagners.

Rhoden case: New details emerge as judge rules George Wagner IV to stand trial in Pike County

Judge Randy Deering on Monday denied a request to change the venue for the upcoming aggravated murder trial of 30-year-old George Wagner IV.

www.dispatch.com

But the Judge has denied to drop the death penalty - as I posted them above.

 

[Chelly]

That was reported when the plea agreement was first announced. Do you have a link for that quote?

TBH, some members of the news media keep getting this wrong. I'll have to go back to the You Tube videos of the pretrial hearing where Judge Deering covered this. Under the law, the state/prosecution has no authority to tell a judge how to rule on a sentence. TBH, when GW4 is convicted of capital offenses, Judge Deering and the prosecution will probably discuss what they want to do before Judge Deering renders his decision.

Yes, as indicated, I posted the link in post #354 above. Kindly scroll up a bit.

 

[Niner]

The judge ruled on this before:
In a trial, the sentence is determined by the judge.
In a plea arrangement, the sentence is determined by the prosecution. Jake's plea deal stipulated that the other family members would get LWOP if they also confess. If they go to trial, Jake's plea agreement doesn't apply. It's then up to the judge to determine the sentence.

Shorter version: When a Wagner goes to trial, Canepa has no authority to tell Judge Deering what their sentence will be. That's Judge Deering's wheelhouse.

Remember: The attorneys assigned by the state to represent the Wagners are DP certified - that's for a reason.

I should have read your post - before I posted all those motions! Thank you - that is the way I understand it also.

 

[Chelly]

I guess when we get to trial's end, we will find out if DP is still on the table for George.

 

[Betty P]

Then why did the defense file all these motions regarding the death penalty?

09/03/2019 MOTION NO. 14: DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 30: DEFENDANT'S MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE ON DEATH PENALTY, PUBLICITY, AND OTHER ISSUES FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 33: DEFENDANT'S MOTION TO HAVE THE COURT FOLLOW THE O.R.C. § 2945.25(C) STANDARD FOR "DEATH QUALIFICATION" OF VENIREPERSONS FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 34: DEFENDANT'S MOTION TO EXCLUDE VENIREPERSONS WHO CANNOT FAIRLY CONSIDER MITIGATING EVIDENCE AND/OR WHO WOULD AUTOMATICALLY VOTE FOR DEATH UPON A FINDING OF GUILT IN THE CULPABILITY PHASE FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 35: DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 47: DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE FILED
Attorney: NASH, JR, RICHARD M

09/24/2021 MOTION #73--MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS FILED
Attorney: NASH, JR, RICHARD M AND Attorney: PARKER, JOHN PATRICK

12/17/2021 DECISION AND JOURNAL ENTRY REGARDING DEFENDANT'S MOTION NO 75 -- HAVING BEEN ADVISED AND INFORMED IN THE PREMISES, THE COURT FINDS THAT DEFENDANT'S MOTION NO. 75 IS NOT WELL TAKEN; IT IS THEREFORE ORDERED THAT DEFENDANT'S MOTION NO. 75 IS HEREBY OVERRULED AND DENIED; THIS DECISION AND JOURNAL ENTRY SHALL NOT CONSTITUTE A RULING UPON THE MERITS OF DEFENDANT'S MOTION NO. 73 ENTITLED MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS, AND THE COURT'S DECISION UPON THE DEFENDANT'S MOTION NO. 75 MAY BE RECONSIDERED FOLLOWING A HEARING OF THE ORAL ARGUMENTS OF THE PARTIES UPON DEFENDANT'S MOTION NO. 73

01/10/2022 MOTION NO. 80 DEFENDANT'S MOTION TO SUPPRESS TESTIMONY OF JAKE AND ANGELA WAGNER AND TO DISMISS THE DEATH SPECIFICATIONS FILED
Attorney: PARKER, JOHN PATRICK
Attorney: NASH, JR, RICHARD M

The Court then proceeded to hear the oral arguments of counsel for the Defendant in support of Defendant's Motion No. 73, filed on September 24, 2021, entitled "DEFENDANT'S MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS," and to hear the oral arguments of the State of Ohio's counsel in opposition to such motion. Having been fully informed in the premises through the stipulations of counsel, and through the oral and written arguments of counsel, the Court finds that Defendant's Motion No. 73 is not well taken, and it is ordered that Defendant's Motion No. 73 is hereby overruled and denied.

06/07/2022 MOTION NO. 92 MOTION TO DISMISS DEATH SPECIFICATIONS FILED
Attorney: PARKER, JOHN PATRICK

AS TO DEFENDANT'S MOTION NO. 14, ENTITLED "DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS."
The State of Ohio opposes Defendant's Moton No. 14.
The Court finds that Defendant's Motion No. 14 is not well taken, and it is ORDERED that Defendant's Motion No. 14 is hereby overruled and denied.

AS TO DEFENDANT'S MOTION NO. 33, ENTITLED "DEFENDANT'S MOTION TO HAVE THE COURT FOLLOW THE O.R.C. §2945.25(C) STANDARD FOR 'DEATH-QUALIFICATION' OF VIREPERSONS."
The State of Ohio opposes Defendant's Motion No. 33.
It is the Court's intention to comply with all requirements of the Ohio Revised Code in this action.
The Court finds that Defendant's Motion No. 33, as framed, is not well taken, and it is ORDERED that Defendant's Motion No. 33 is overruled and denied.

AS TO DEFENDANT'S MOTION NO. 35, ENTITLED "DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY."
The State of Ohio opposes Defendant's Motion No. 35.
The Court finds that Defendant's Motion No. 35 is without merit. Each side in a criminal action has wide discretion in the use of peremptory challenges, provided such challenges are not used as a pretext to exclude persons based upon race or gender.
The Court concludes that Defendant's Motion No. 35 is not well taken, and it is ORDERED that Defendant's Motion No. 35 is hereby overruled and denied.

AS TO DEFENDANT'S MOTION NO. 47, ENTITLED "DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE."
The State of Ohio opposes Defendant's Motion No. 47.
Under the law of Ohio, it is an accurate statement of the law to instruct the jury that their finding of death is a recommendation.
The Court intends to follow the law of Ohio, including OJI in instructing the jury in this case.
The Court concludes that Defendant's Motion No. 47 is not well taken, and Defendant's Motion No. 47 is hereby overruled and denied.


well - that is a few of the motions filed & denied.

@Betty P - is that not correct?




But the Judge has denied to drop the death penalty - as I posted them above.

Thank you. This is all the documentation of GW4's attorneys and the judge's decisions. It's a matter of Ohio law as to who can make decisions on sentencing and under what circumstances.

 

[Betty P]

I should have read your post - before I posted all those motions! Thank you - that is the way I understand it also.

No, THANK YOU! You provided all the documentation. I reviewed it all a couple of weeks ago and was getting ready to go back and dig it all up.

It's a somewhat complicated situation and, if GW4 does get the DP, it is grounds for his attorneys to appeal that sentence. The reason it's so complicated is because these are serious capital murders that were committed by a father, mother and their two sons.

The moral and ethical considerations for the state and courts were a big part of determining how to structure Jake's plea deal. There's never been a crime or plea agreement like this in Ohio history. Hopefully there won't be another one.

 

[Niner]

No, THANK YOU! You provided all the documentation. I reviewed it all a couple of weeks ago and was getting ready to go back and dig it all up.

Well glad I saved you some time then!

Just reading Cool Cats - post I thought I would just look ALL the motions up where the defense wants it off the table.

 

[Dudly]

Then why did the defense file all these motions regarding the death penalty?

09/03/2019 MOTION NO. 14: DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 30: DEFENDANT'S MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE ON DEATH PENALTY, PUBLICITY, AND OTHER ISSUES FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 33: DEFENDANT'S MOTION TO HAVE THE COURT FOLLOW THE O.R.C. § 2945.25(C) STANDARD FOR "DEATH QUALIFICATION" OF VENIREPERSONS FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 34: DEFENDANT'S MOTION TO EXCLUDE VENIREPERSONS WHO CANNOT FAIRLY CONSIDER MITIGATING EVIDENCE AND/OR WHO WOULD AUTOMATICALLY VOTE FOR DEATH UPON A FINDING OF GUILT IN THE CULPABILITY PHASE FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 35: DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY FILED
Attorney: NASH, JR, RICHARD M

09/03/2019 MOTION NO. 47: DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE FILED
Attorney: NASH, JR, RICHARD M

09/24/2021 MOTION #73--MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS FILED
Attorney: NASH, JR, RICHARD M AND Attorney: PARKER, JOHN PATRICK

12/17/2021 DECISION AND JOURNAL ENTRY REGARDING DEFENDANT'S MOTION NO 75 -- HAVING BEEN ADVISED AND INFORMED IN THE PREMISES, THE COURT FINDS THAT DEFENDANT'S MOTION NO. 75 IS NOT WELL TAKEN; IT IS THEREFORE ORDERED THAT DEFENDANT'S MOTION NO. 75 IS HEREBY OVERRULED AND DENIED; THIS DECISION AND JOURNAL ENTRY SHALL NOT CONSTITUTE A RULING UPON THE MERITS OF DEFENDANT'S MOTION NO. 73 ENTITLED MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS, AND THE COURT'S DECISION UPON THE DEFENDANT'S MOTION NO. 75 MAY BE RECONSIDERED FOLLOWING A HEARING OF THE ORAL ARGUMENTS OF THE PARTIES UPON DEFENDANT'S MOTION NO. 73

01/10/2022 MOTION NO. 80 DEFENDANT'S MOTION TO SUPPRESS TESTIMONY OF JAKE AND ANGELA WAGNER AND TO DISMISS THE DEATH SPECIFICATIONS FILED
Attorney: PARKER, JOHN PATRICK
Attorney: NASH, JR, RICHARD M

The Court then proceeded to hear the oral arguments of counsel for the Defendant in support of Defendant's Motion No. 73, filed on September 24, 2021, entitled "DEFENDANT'S MOTION TO DISMISS AGGRAVATED MURDER COUNTS AND/OR DEATH SPECIFICATIONS," and to hear the oral arguments of the State of Ohio's counsel in opposition to such motion. Having been fully informed in the premises through the stipulations of counsel, and through the oral and written arguments of counsel, the Court finds that Defendant's Motion No. 73 is not well taken, and it is ordered that Defendant's Motion No. 73 is hereby overruled and denied.

06/07/2022 MOTION NO. 92 MOTION TO DISMISS DEATH SPECIFICATIONS FILED
Attorney: PARKER, JOHN PATRICK

AS TO DEFENDANT'S MOTION NO. 14, ENTITLED "DEFENDANT'S MOTION TO DISMISS CAPITAL COMPONENTS OF THIS CASE DUE TO CONSTITUTIONAL AND INTERNATIONAL LAW VIOLATIONS."
The State of Ohio opposes Defendant's Moton No. 14.
The Court finds that Defendant's Motion No. 14 is not well taken, and it is ORDERED that Defendant's Motion No. 14 is hereby overruled and denied.

AS TO DEFENDANT'S MOTION NO. 33, ENTITLED "DEFENDANT'S MOTION TO HAVE THE COURT FOLLOW THE O.R.C. §2945.25(C) STANDARD FOR 'DEATH-QUALIFICATION' OF VIREPERSONS."
The State of Ohio opposes Defendant's Motion No. 33.
It is the Court's intention to comply with all requirements of the Ohio Revised Code in this action.
The Court finds that Defendant's Motion No. 33, as framed, is not well taken, and it is ORDERED that Defendant's Motion No. 33 is overruled and denied.

AS TO DEFENDANT'S MOTION NO. 35, ENTITLED "DEFENDANT'S MOTION TO PROHIBIT THE STATE'S USE OF PEREMPTORY CHALLENGES TO EXCLUDE VENIREPERSONS WITH CONCERNS ABOUT IMPOSING THE DEATH PENALTY."
The State of Ohio opposes Defendant's Motion No. 35.
The Court finds that Defendant's Motion No. 35 is without merit. Each side in a criminal action has wide discretion in the use of peremptory challenges, provided such challenges are not used as a pretext to exclude persons based upon race or gender.
The Court concludes that Defendant's Motion No. 35 is not well taken, and it is ORDERED that Defendant's Motion No. 35 is hereby overruled and denied.

AS TO DEFENDANT'S MOTION NO. 47, ENTITLED "DEFENDANT'S MOTION TO PROHIBIT REFERENCES TO THE JURY THAT A DEATH PENALTY VERDICT IS ONLY A RECOMMENDATION TO THE TRIAL JUDGE."
The State of Ohio opposes Defendant's Motion No. 47.
Under the law of Ohio, it is an accurate statement of the law to instruct the jury that their finding of death is a recommendation.
The Court intends to follow the law of Ohio, including OJI in instructing the jury in this case.
The Court concludes that Defendant's Motion No. 47 is not well taken, and Defendant's Motion No. 47 is hereby overruled and denied.


well - that is a few of the motions filed & denied.

@Betty P - is that not correct?




But the Judge has denied to drop the death penalty - as I posted them above.

As I have always understood these motions, they were in case JW and AW did not fulfill the criteria to get the DP off the table for GWIV. They wanted the DP removed regardless of what happened with JW and AW testimony…

 

[Betty P]

Well glad I saved you some time then!

Just reading Cool Cats - post I thought I would just look ALL the motions up where the defense wants it off the table.

Even Nash and Parker understand this problem. That's why they're asking the judge to dismiss the DP specifications instead of asking him to adhere to or clarify the DP terms in the plea deal. They know the judge can't rule on any terms contained in the plea deal because its not his jurisdiction. So Nash and Parker asked him to just remove the DP specification from GW4's charges in his grand jury indictment.

In the end, GW4 will have to see what happens after the jury reaches a verdict and Judge Deering considers sentencing. The state will give their argument and he'll probably also ask the victim's families to make their statements before he makes a decision. JMO

ETA: The motions Niner posted above show how GW4's team has been trying to get the DP off the table all along. That was their job. In April 2021, when Jake confessed, his plea agreement changed the game for Nash & Parker. All the motions after April 21, 2021, were arguments to remove the DP based on the terms of Jake's plea deal.

The game changed from getting the DP off the table to getting acquittal or a drastically reduced sentence for GW4 (most notably Motion #75). Why did their goal change? Because they didn't want GW4 to confess to his part in the Rhoden Family Massacre. This was the decision to "have the cake and eat it, too", so to speak.

 

[Chris_p_bacon]

I just can't believe that BCI, the prosecutors, and the lawyers involved with Jake and Angela would somehow conspire to create this situation where Angela and Jake are made to lie and say George is involved in order to get a deal. Do police do dirty things sometimes, yes. Do people lie and say someone else did a crime to save their own butt yes. Do people take deals to try to save their own butt and pin something on another yes. This investigation was 2 1/2 years long. They waited and listened and watched to make sure of the arrests before they charged them. I firmly believe if they saw or heard anything during those 2 1/2 years that excluded George from the planning and execution of these 8 people, they would not have charged him. It does not serve any purpose to accuse an innocent person. There were many MANY opportunities as a previous poster listed out when George could have said, I think my family did this and I don't want to be wrapped up in it, I am scared of my family, I am scared for my son, etc. He didn't. He instead lied just like they did, he was evasive on recorded calls just like they were, he talks just like they do, he talks about moving away WITH HIS FAMILY just months before their arrest, he tells his "girlfriend", something about his family being super close and was she okay with that just months before they were arrested. He was not afraid of them, trying to get away from them, or showing any signs that he was not part of their close knit group.

I don't understand how this guy that has been so involved with every crime this family committed up to this point is now somehow not involved in this one thing and all of it was some conspiracy to put him there, if he wasn't.

One person wearing 2 left shoes to make it look like 2 people were there?
His gun being used without him knowing about it? Then he doesn't question where that said gun is after that? Instead he goes out and buys another right away.
Everyone just uses his accounts to buy murder items and somehow it's all to later claim he was involved, but he just didn't know these items were purchased with his card?
A truck is bought and then disposed of in less than a month, but he has no idea what happened to it and doesn't think it's suspicious at all, but Jake and Angela lie to say he knew about it when he just didn't?
He was just drugged that night and slept it off and woke up the next day and knew nothing?
Helped build the thing that hid the weapons and he had no idea.
All this talk about lawyers and the paranoia about everything and he just thinks it's because they are all wrongly accused, not because they are actually guilty and paranoid about being arrested?

Then we have to believe all that and he just didn't know AND then believe that everyone else involved in this case just wanted him wrongly accused and guilty as the rest and so they coerced Jake and Angela to lie about him being there that night in order to secure their deals, but Jake's deal also included removing the DP from his family members.. seems like a selfish deal right?

If there were a couple things we could dismiss as coincidence or wow that horrible luck.. sure, but when we see so many things that would have to be coincidence, it doesn't add up.

What I can see is Jake saying I did this and telling his lawyers what happened, but saying I won't testify against my family. They are proceeding with trial then. At some point he changes his mind and says, I will testify, but only if you take the DP off the table for everyone. He then still doesn't want to testify, so he tries to minimize everyone else's role. He thinks this will not be as bad for them as saying they did the horrible things. Sounds better to say George just couldn't pull the trigger, George was a lookout, George didn't want to do it. Well that isn't how the law works because even if all that is true George is just as guilty, but in Jake's mind he isn't testifying "as bad" as he could. So maybe lies, but not lies to place him there when he wasn't, I believe minimizing George's role so Jake feels better about having to testify at all. Why would Jake's lawyers allow him to get on the stand and testify if they knew and believed he was going to lie. They could be in trouble for that. If the state thought what Jake was saying was an outright lie (meaning saying George was there, but he wasn't) then they could be in trouble for that.

Hopefully the defense rests by the end of next week and we have a verdict before Thanksgiving. Let the Rhoden/Manley/Gilley families have one reason to be thankful this year.

I agree. But I also have one more thought on top of what you mention above. Lets say your innocent of these murders yet you find yourself in a situation where you are driving a semi truck alone with BCI's #1 suspect in the murder of 8 people. You are driving alone across country in a semi truck with this suspected murderer. I know I would "Nopety-nope" my way out of that situation. I would ask my boss to assign me to another truck driving team or I would just quit. The last thing I would do is mouth off to BCI's #1 suspect in the murder of 8 people. However if you were actively involved in the planning, participating and cover up of the murders and you now know that BCI has a picture of your co-conspiritor's hand holding a gun you might be inclined to be upset with him for making a mistake that leads BCI in your direction. So upset that you might be mouthing off to your co-conspirtior. Because your co-conspiritor witnessed you also take another person's life that night. Just saying.

 

[Nanasteele]

The judge ruled on this before:
In a trial, the sentence is determined by the judge.
In a plea arrangement, the sentence is determined by the prosecution. Jake's plea deal stipulated that the other family members would get LWOP if they also confess. If they go to trial, Jake's plea agreement doesn't apply. It's then up to the judge to determine the sentence.

Shorter version: When a Wagner goes to trial, Canepa has no authority to tell Judge Deering what their sentence will be. That's Judge Deering's wheelhouse.

Remember: The attorneys assigned by the state to represent the Wagners are DP certified - that's for a reason.

After the judge didn't allow the audio of GW threatening the BCI agent saying he was ranting, makes me feel he wouldn't give him the DP! I still cannot believe he didn't allow that audio! Very disappointed.

 

[Betty P]

After the judge didn't allow the audio of GW threatening the BCI agent saying he was ranting, gives make me feeling he wouldn't give him the DP! I still cannot believe he didn't allow that audio! Very disappointed.

Yes, that was an interesting decision on Judge Deering's part. We'll have to wait and see how this plays out. He's probably thought about it and has an idea of how to proceed.

It will also be very, very interesting to see what happens with Billy's trial.

Even George said it the audio of the wire taps yesterday. He agreed with his dad's refusal to talk or work with LE in any way. They're both taking the same path, though both appear to be very guilty of most all the charges.

 

[Cool Cats]

Hi RAISINISBACK,

I hear what your saying and I am nervous George will be found not guilty when I know he is.

However, to me the shell casings at the house on peterson road matching the shell casings found at the crime scene match George's glock. This to me is huge.

As a law abiding, responsible gun owner ( & property owner), this is huge. So an item that George owns that is worth approximately $500-600 bucks turns up missing and George is not concerned. I know I would be. But not only that, this item is a firearm and George is not concerned it is missing ever. Especially not after the murder of 8 people in the middle of the night in his county. If 8 people were murdered in the middle of the night in my county and someone living in my household was in anyway connected, and a gun I owned is missing, I would be extremely concerned. But George does not ever report this gun missing after the murders. Keep in mind a Glock .40 is a nice gun to have in Alaskan Bear country.

But it is at the Montana border he can no longer plead ignorance. your vehicle is held up at the border for you and 3 other members of your family to be interviewed by a State law enforcement agency 1600+ miles away investigating those 8 murders. If you are 100% innocent and know nothing of these crimes but are missing a firearm what actions would you take? If you had limited involvment in assisting your family but did not know they were going to murder 8 people what actions would you take? But if you are actively involved in the planning, you were there that night either as a look out or in the actual killings, and/or you actively helped cover up the crimes what actions would someone like that take after the Montana interviews. George purchasing the bug detector, the murder truck, sitting in the vehicle when the murder shoes are purchased, helping buid the "goose box" with the cement buckets that later have the guns found in them.

After the Montana interviews would not an innocent person get an attorney and with the assistance of the attorney let Law enforcement know #1 I am missing a gun that I own. #2 I was with my family when we purchased a truck but I now no longer know the whereabouts of said truck #3 I noticed a purchase on my credit card for a bug detector but I did not know the significance of it at that time. #4 After the murders I helped build a "goose box" with my family(that are now suspects) and we anchored said goose box with buckets of cement.

George does none of these things. His actions seem to be consistent with someone who was actively involved in the murders of 8 people. Then we have the testimony of Jake and Agnela. Both say he was involved. And now we have the wire tap evidence.

But most importantly in all this, If I was the guardian of a small child and I even began to suspect that someone I was living with (family or not) was involved in the murder of anyone what actions would I take. Would I fear for the safety of that small child and my own safety? Would I get out of that living arrangemen? Tabbi and Beth feared for their Life and knew to get out?

Definitely the shell casings at Peterson road matching shell casings at the crime scene, matching George's Glock speaks volumes to me.

Just asking you to consider the above information.

Good post, well thought out.

Something I don't get though. All this time I thought the shell casings that were found at Peterson Rd that match the shell casings found at the crime scenes were all from Jake's Colt 22 not George's 40 Glock.

Can you give me some links or lead me to this information? I believe you but I want to look into it, find where it says this etc.... Thanks.

 

[justtrish]

I agree. But I also have one more thought on top of what you mention above. Lets say your innocent of these murders yet you find yourself in a situation where you are driving a semi truck alone with BCI's #1 suspect in the murder of 8 people. You are driving alone across country in a semi truck with this suspected murderer. I know I would "Nopety-nope" my way out of that situation. I would ask my boss to assign me to another truck driving team or I would just quit. The last thing I would do is mouth off to BCI's #1 suspect in the murder of 8 people. However if you were actively involved in the planning, participating and cover up of the murders and you now know that BCI has a picture of your co-conspiritor's hand holding a gun you might be inclined to be upset with him for making a mistake that leads BCI in your direction. So upset that you might be mouthing off to your co-conspirtior. Because your co-conspiritor witnessed you also take another person's life that night. Just saying.

100% and if you know and believe that you are being recorded and monitored AND YOU ARE INNOCENT, why not tip off BCI. A text back to Agent Scheiderer saying, I want to talk, but I am scared.. gotta do it on the down low. I need help, heck even a dang codded message would have worked. A simple "slip up" saying, I wasn't even there that night or some other semi innocent slip that could be seen as trying to tell, but not necessarily sending up red flags to Jake, Angela, or Billy in that conversation. Anything that signified he was separate from them.

 

[justtrish]

After the judge didn't allow the audio of GW threatening the BCI agent saying he was ranting, makes me feel he wouldn't give him the DP! I still cannot believe he didn't allow that audio! Very disappointed.

I recall hearing that there was evidence the Wagner's researched where Agent Scheiderer lived also. I think maybe a hearing or something and they had extra security at his home because of that. I'd say that makes a threat seem more real and not ranting. IMO

 

[Chris_p_bacon]

Good post, well thought out.

Something I don't get though. All this time I thought the shell casings that were found at Peterson Rd that match the shell casings found at the crime scenes were all from Jake's Colt 22 not George's 40 Glock.

Can you give me some links or lead me to this information? I believe you but I want to look into it, find where it says this etc.... Thanks.

sure. give me some time. I know it is 3 different testimonies/pieces of evidence. The gun expert saying the one .40 shell casing was fired from a glock. Then one of Agent Schiederers earlier testimonites with the first search at peterson road saying they found a .40 shell casing in that property that matched. This is when they are showing the jury how the investigation lead them to the Wagners. Then finally the third testimony was the gun expert after they found the guns in bucket of cement and took the firing pin out of that glock and fired it. It was a match. bear with me and I will try to find all three.

 

[Cool Cats]

sure. give me some time. I know it is 3 different testimonies/pieces of evidence. The gun expert saying the one .40 shell casing was fired from a glock. Then one of Agent Schiederers earlier testimonites with the first search at peterson road saying they found a .40 shell casing in that property that matched. This is when they are showing the jury how the investigation lead them to the Wagners. Then finally the third testimony was the gun expert after they found the guns in bucket of cement and took the firing pin out of that glock and fired it. It was a match. bear with me and I will try to find all three.

Very nice of you, thanks. You have me very curious about this because it puts George's actual Glock gun casings at his home and at the scenes of the crimes and this shows much stronger evidence against George personally, rather than it being just from Jake's gun. Also, the stuff you said about George's behavior over his missing Glock is very interesting.

 

[Chris_p_bacon]

Good post, well thought out.

Something I don't get though. All this time I thought the shell casings that were found at Peterson Rd that match the shell casings found at the crime scenes were all from Jake's Colt 22 not George's 40 Glock.

Can you give me some links or lead me to this information? I believe you but I want to look into it, find where it says this etc.... Thanks.

Here is the first testimony from the gun expert....36 minutes into the video below.

Here is Agent Schiederer's testimony regarding the May 10th search of peterson road. He talks about the other searches but the May 10th search finds shell casings on the peterson road property. about 10 minutes into this video

Here is the Gun expert after the buckets of cement with the guns....the first 12 minutes of this video is where he matches it

This Glock was owned by George. We have testimony from Chris Newcombe that he purchased this glock. It was used at scenes #1 and Scenes #4. George never reported this gun missing. It was found in the buckets of cement anchoring a goose box that george helped build. To me this speaks volumes to George's culpability in these murders.

 

[Cool Cats]

Here is the first testimony from the gun expert....36 minutes into the video below.

Here is Agent Schiederer's testimony regarding the May 10th search of peterson road. He talks about the other searches but the May 10th search finds shell casings on the peterson road property. about 10 minutes into this video

Here is the Gun expert after the buckets of cement with the guns....the first 12 minutes of this video is where he matches it

This Glock was owned by George. We have testimony from Chris Newcombe that he purchased this glock. It was used at scenes #1 and Scenes #4. George never reported this gun missing. It was found in the buckets of cement anchoring a goose box that george helped build. To me this speaks volumes to George's culpability in these murders.

Thank you!

Very good information I needed to hear.

This really helps me. Appreciate it.

This is really important for the jury to see, it is strong evidence against George when you see it all laid out like this.
When you start adding this all up.

Totality of evidence.