OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue 4 Members Wagner Family Arrested#48

[Cool Cats]

Keep in mind, the judge still decided not to dismiss the charges. We'll have to see what develops.

Judge Deering denied Atty. Owen's Motion to dismiss Fred's charges not because
of evidence, but because he agreed with the prosecution and procedural rule

that the decision to dismiss the charges should be done at trial. Which indicates that it is still possible that the Judge will toss out----her 2 charges, Perjury and Obstructing Justice.

But as you say, this is a developing Case.....(to be continued on June 12th 9:00am)

 

[RAISINISBACK]

Thanks for all the information! I think there's something to it, I just don't know what. That PO Box just screams for attention, especially with all the illegal stuff involved. Don't know if you saw this in April..

Jackson County Man Charged with Defrauding Investors in $50 Million Ponzi Scheme

That could be what the R's had on the W's. Fred said Chris was killed because he knew something. We have all long speculated that the R's had something on the W's and that's why Jake didn't take Hannah to court for custody.

JMO

 

[FrescaandSouthernComfort]

Judge Deering denied Atty. Owen's Motion to dismiss Fred's charges not because
of evidence, but because he agreed with the prosecution and procedural rule

that the decision to dismiss the charges should be done at trial. Which indicates that it is still possible that the Judge will toss out----her 2 charges, Perjury and Obstructing Justice.

But as you say, this is a developing Case.....(to be continued on June 12th 9:00am)

Sorry, but a complaint can be dismissed at pre-trial in Ohio.

The judge must give the prosecution the opportunity to have a written respond, explaining why
there should be no dismissal. The judge will then give both parties an opportunity to argue in
open court. After the arguments are heard, the judge will issue his ruling of granting or denying
the motion.

Criminal Rules do not provide for a summary judgment.

See State v. Woodbridge, Summit No. 21255, 2003 - Ohio - 1481.

 

[Cool Cats]

Sorry, but a complaint can be dismissed at pre-trial in Ohio.

The judge must give the prosecution the opportunity to have a written respond, explaining why
there should be no dismissal. The judge will then give both parties an opportunity to argue in
open court. After the arguments are heard, the judge will issue his ruling of granting or denying
the motion.

Criminal Rules do not provide for a summary judgment.

See State v. Woodbridge, Summit No. 21255, 2003 - Ohio - 1481.

Right. James Manley is a case in point, his charges were dropped before trial, I think that is how it usually happens.

But Judge Deering wants to have that issue decided at trial when the defense will argue for dismissal and the prosecution will argue against it.

"......Deering denied the motion to dismiss, making clear his decision was not to be construed as an opinion on the evidence but instead because the motion was made prematurely before the prosecution has been able to present its case at trial......."

 

[FrescaandSouthernComfort]

Right. James Manley is a case in point, his charges were dropped before trial, I think that is how it usually happens.

But Judge Deering wants to have that issue decided at trial when the defense will argue for dismissal and the prosecution will argue against it. For some reason the Judge does not want this evidence argued at pretrial.

"......Deering denied the motion to dismiss, making clear his decision was not to be construed as an opinion on the evidence but instead because the motion was made prematurely before the prosecution has been able to present its case at trial......."

How to you know Judge Deering wants and intentions? It is Judge Deering's duty to provide
each party with a fair and honest presentations of the facts. Let us allow the law to rule.

 

[Cool Cats]

How to you know Judge Deering wants and intentions? It is Judge Deering's duty to provide
each party with a fair and honest presentations of the facts. Let us allow the law to rule.

Judge Deering did make his ruling and the important thing, the bottom line, is that the Defense lost their Motion to dismiss.
Now everything, including dismissal, will be argued at trial with 3 potential outcomes:

1.) Acquittal
2.) Convicted
3.) Case Dismissed

 

[FrescaandSouthernComfort]

Judge Deering did make his ruling and the important thing, the bottom line, is that the Defense lost their Motion to dismiss.
Now everything, including dismissal, will be argued at trial with 3 potential outcomes:

1.) Acquittal
2.) Convicted
3.) Case Dismissed

There is another possible outcome. JMO

 

[IType]

Right. James Manley is a case in point, his charges were dropped before trial, I think that is how it usually happens.

But Judge Deering wants to have that issue decided at trial when the defense will argue for dismissal and the prosecution will argue against it. For some reason the Judge does not want this evidence argued at pretrial.

"......Deering denied the motion to dismiss, making clear his decision was not to be construed as an opinion on the evidence but instead because the motion was made prematurely before the prosecution has been able to present its case at trial......."

But I see one very big difference in comparison of the case of JM and the case of FW, that being in JM's case the Prosecution asked for the dismissal, not the Defense--as is the case with FW.

"Prosecutors asked for the dismissal Monday so they can take the case to a grand jury and keep additional evidence out of court." (BBM)

UPDATE: Charges dismissed against brother in unsolved Ohio massacre

 

[FrescaandSouthernComfort]

But I see one very big difference in comparison of the case of JM and the case of FW, that being in JM's case the Prosecution asked for the dismissal, not the Defense--as is the case with FW.

"Prosecutors asked for the dismissal Monday so they can take the case to a grand jury and keep additional evidence out of court." (BBM)

UPDATE: Charges dismissed against brother in unsolved Ohio massacre

Yes, it is called Prosecutor's Discretion.

 

[RAISINISBACK]

d

 

[Cool Cats]

But I see one very big difference in comparison of the case of JM and the case of FW, that being in JM's case the Prosecution asked for the dismissal, not the Defense--as is the case with FW.

"Prosecutors asked for the dismissal Monday so they can take the case to a grand jury and keep additional evidence out of court." (BBM)

UPDATE: Charges dismissed against brother in unsolved Ohio massacre

Thanks IType for pointing that out! There is a big difference between the prosecution requesting a dismissal as opposed to the defense asking for it. (brain freeze...lol...)

 

[Cool Cats]

There is another possible outcome. JMO

She won't plead guilty! .... 2 Cents ....

 

[IType]

"Prosecutors asked for the dismissal Monday so they can take the case to a grand jury and keep additional evidence out of court." (BBM)

UPDATE: Charges dismissed against brother in unsolved Ohio massacre

Adding to my previous post--Along the same lines of this quote, about keeping additional evidence out of court, is it likely the grandmothers' trials will be in a closed setting in order to keep the evidence/testimony from being made public before the W4 murder trials?

 

[Betty P]

How to you know Judge Deering wants and intentions? It is Judge Deering's duty to provide
each party with a fair and honest presentations of the facts. Let us allow the law to rule.

Well his comments in the hearing were pretty clear. He wants to wait until the trial.

There is another possible outcome. JMO

Just curious, what is the other possible outcome? New charges against FW?

 

[FrescaandSouthernComfort]

Well his comments in the hearing were pretty clear. He wants to wait until the trial.



Just curious, what is the other possible outcome? New charges against FW?

A mistrial.

 

[Betty P]

A mistrial.

IANAL, but I think the trial has to begin and proceed to some degree before a mistrial can be declared. The grounds have to be based on something that happened during the trial, such as a hung jury, or misconduct that happened during the trial. Not sure it can be declared based on pre-trial hearings. JMO

mistrial

OPD > The Library > Criminal Law Casebook > Mistrial

ETA: I wouldn't be surprised if FW's attorney moves to have the judge declare a mistrial for some reason once her trial begins. It would fit with the pattern of what he's done so far.

 

[FrescaandSouthernComfort]

IANAL, but I think the trial has to begin and proceed to some degree before a mistrial can be declared. The grounds have to be based on something that happened during the trial, such as a hung jury, or misconduct that happened during the trial. Not sure it can be declared based on pre-trial hearings. JMO

mistrial

OPD > The Library > Criminal Law Casebook > Mistrial

ETA: I wouldn't be surprised if FW's attorney moves to have the judge declare a mistrial for some reason once her trial begins. It would fit with the pattern of what he's done so far.

Please reread CC's original question. My answer was to the question as stated.

 

[MittenScarpetta]

She won't plead guilty! .... 2 Cents ....

Self delete. Redundant.

 

[Betty P]

Please reread CC's original question. My answer was to the question as stated.

Thanks, it seems we're going in circles here. Lots of time on our hands waiting until the next series of pre-trial hearings. It happens frequently.

Let's just see what happens at FW's next day in court. Personally, I think her attorney (most likely at her direction) will continue to make many, many objections through out pre-trial and trial. It seems the defendant with the least amount of charges is making the most waves of any in the group.

We'll see how the judge handles things when it gets to trial. So far, I think Judge Deering is doing a good job. He has a lot of work, presiding over all of these high profile cases, but he seems very competent.

JMO

 

[Cool Cats]

Thanks, it seems we're going in circles here. Lots of time on our hands waiting until the next series of pre-trial hearings. It happens frequently.

Let's just see what happens at FW's next day in court. Personally, I think her attorney (most likely at her direction) will continue to make many, many objections through out pre-trial and trial. It seems the defendant with the least amount of charges is making the most waves of any in the group.

We'll see how the judge handles things when it gets to trial. So far, I think Judge Deering is doing a good job. He has a lot of work, presiding over all of these high profile cases, but he seems very competent.

JMO

Thankx Betty..........you get what I was saying. Appreciate it. I just , like all of you, want Justice and at least SOME bit of closure for these 3 families.
I feel like I know the Rhodens and could drive over there to UHR and say Hi! And go in for coffee. Am I nuts? ...........???