OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

[Betty P]

Angenette Levy


Defense memorandum from angenette levy

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Ok, I don't see anything special here.

The defense is complaining that the state asked for a continuance, knowing they (defense) had filed a big document "dump" of paperwork (and assuming some motions, etc.?) on the state on November 13. Considering the trial is scheduled in 5 days, it seems pretty logical that the state would ask additional time to read all the documents dumped on the court by the defense.

As for the other allegations by the defense - I take those with a grain of salt. They'll have to prove what they're stating in court. By putting all these (possibly false, very likely misleading) claims in a pre-trial court filing, they're obviously trying to taint the jury pool.

The public has zero proof that anything they allege in this filing is accurate. Note the defense statement that the speculation about what the state is doing is their "theory". That's not fact and that's usually not the kind of BS a defense attorney files in court and attempts to make public in the days before jury selection for a trial.

JMO, my "theory" about this filing is that the Judge will reject it, they may even discipline the defense attorney and, with any luck, the attorney will be disbarred. IANAL, though, so this is only my "theory".

ETA: LOL, Gerlach then goes on for a few paragraphs about how the state was slow in providing them with discovery back last January. Remember how Prosecutor Canepa kept telling the defense they were bringing the wrong size hard drive to download the discovery files? How there was so much evidence they needed to use special drives?

He complains about digital files of audio of jail phone calls when a quick review of discovery docs from a few months ago reveal those were already turned over to defense.

What a drama queen. Why is he whining about Bruce Daily and the fact that the state wants to use information from interviews with him at trial? Again, Gerlach, you can object to this stuff at trial instead of trying to unethically and dishonestly publicize it by having a PR team disseminate your memorandum before the trial.

 

[Loomis124]

EDIT:

I meant who runs the courtroom the DEFENSE or Judge Deering? Not prosecution.
The defense is handing out last minute evidence and last minute complaints about not getting evidence.

Please read journal entry on 10/222019, as far as Gerlach saying he doesn't have all the information he requested. IMO he has all he is going to get. The court ruled on all his motions. JMO

 

[Loomis124]

Jmo Gerlach has mentioned at each hearing he has not been getting requested info. Jmo

Gerlach needs to retire. He doesn't understand court proceedings anymore and obviously has totally how to file motions. JMO

 

[Myland]

Gerlach needs to retire. He doesn't understand court proceedings anymore and obviously has totally how to file motions. JMO

Jmo I agree he needs to retire

 

[Loomis124]

Jmo I don’t know but I don’t know if her signature as the notary is the one the state witness is saying isn’t hers either jmo

And there is no reason you should know those things...especially posting on a public forum. JMO

 

[Loomis124]

Gerlach is just blowing hot air, pulling a stunt. He's trying to create the illusion that the prosecution is hiding something.

I'll have to go back to look at notes, but the judge was very clear on the deadlines for submitting requests for discovery and delivering them. Pretty sure the state had submitted everything at the time of the last hearing. IIRC, prosecution was asking for something else then, but the judge turned them down. IIRC, it was digital communications analysis records not pertaining to RN. IIRC, the way the discovery read, it sounded like cell phone records. One of the cell phone numbers in the analysis pertained to RN. She got that, but her attorneys wanted all the evidence and the state and Judge Deering said "no".

Nearly every item Gerlach asked for in the last 2 hearings were things he is supposed to address during trial.

Amen! Agree, except I think you meant Defense instead of prosecution, in the second paragraph.

 

[Loomis124]

Jmo Gerlach has mentioned at each hearing he has not been getting requested info. Jmo

And the Court ruled on all of his motions. See journal entry on 10/22/2019.

 

[Betty P]

This is the Defense Motion that has been requested.

Thanks, its not a "motion", it's a "memorandum" which is really just a legal memo/email sent to the court that Gerlach is using to generate some pre-trial publicity about some dubious, if not false claims about the state's case against his client. It's full of whining, complaining, and inaccurate information about what's been happening in the case thus far. I know for a fact (from watching the hearings) that most of what he says is blatantly false. Based on that, I doubt the rest of what he says is accurate.

It's a late-in-the-game dirty smear rant obviously aimed at tainting the jury pool. JMO, my "theory" is that Gerlach is worried that his client will be found guilty. In fact, I think he's panicked to have pulled such a stunt and it will backfire on him and his client.

 

[Betty P]

And the Court ruled on all of his motions. See journal entry on 10/22/2019.

And link above to RN's last hearing, where the Judge explains why he's ruling against him. Gerlach has basically been trying to reveal all the evidence, eliminate witnesses and evidence and argue his case BEFORE the trial even begins. The judge was patient but got very fed up with his tactics. He's making up stories about evidence he doesn't have.

 

[Puzzles8]

Jmo I am not trying to upset anyone

I know you're not. You are politely giving a differing point of view and I appreciate and respect that.

This entire case is one that everyone here feels passionate about, rightfully so. I think I can safely say we all want the Rhoden/Gilley's killers to face justice on earth. I can also say we all want a fair trial, with facts.

Right now, I think the W4 are guilty. But at the same time, I need to see the actual evidence presented at trial before I believe it.

We are all entitled to post opposing opinions, and we are all better for it. We also need to link to specific court documents. I will admit I am a few days behind in research and hope to catch up soon. They may be in the timeline and I haven't found them yet.

Just a question for everyone, what title is this Media and Timelines link under? Right now this posting thread is under "trials". Is the Media timeline also under this title or still under the old thread group?

 

[Loomis124]

Jmo Gerlach has mentioned at each hearing he has not been getting requested info. Jmo

And the Prosecution has a statement asking for reciprocal discovery at the end of every single Discovery document they have provided! And Gerlach responds yesterday afternoon! R i g h t lol lol lol

 

[Betty P]

Jmo I don’t know but I don’t know if her signature as the notary is the one the state witness is saying isn’t hers either jmo

We don't know what the state witness has said because they haven't testified yet. No one should believe the "theorizing" and dubious information Gerlach posted in his memorandum.

 

[Betty P]

I know you're not. You are politely giving a differing point of view and I appreciate and respect that.

This entire case is one that everyone here feels passionate about, rightfully so. I think I can safely say we all want the Rhoden/Gilley's killers to face justice on earth. I can also say we all want a fair trial, with facts.

Right now, I think the W4 are guilty. But at the same time, I need to see the actual evidence presented at trial before I believe it.

We are all entitled to post opposing opinions, and we are all better for it. We also need to link to specific court documents. I will admit I am a few days behind in research and hope to catch up soon. They may be in the timeline and I haven't found them yet.

Just a question for everyone, what title is this Media and Timelines link under? Right now this posting thread is under "trials". Is the Media timeline also under this title or still under the old thread group?

It's under the old sub for this thread "Crimes in the News"

 

[Loomis124]

Ohio Blues, can you (or anyone else) please get us a copy of the Defendant's Discovery given to the State in the past few days? TIA

Nevermind that request..but thanks

 

[Loomis124]

I was just reading the court docket for the upcoming trial. Well, from what I see (and IANAL) if I’m reading this correctly, it looks like Defense just gave their discovery requested by the state earlier and Defense just provided it on 11/13. To me it looks like Defense drug their feet until now so the state couldn’t have time to review then Defense claims they don’t want to extend the trial due to right to speedy trial. Seems underhanded to me. Jmo

Very good analysis!

 

[Johnny B Bad]

We don't know what the state witness has said because they haven't testified yet. No one should believe the "theorizing" and dubious information Gerlach posted in his memorandum.

If someone wants to judge this case just watch the video clip where Rita speaks to the prosecution with no respect at all, she referred to him as just Junk not Mr Junk or Mr Prosecutor, she has no respect to the court and her attorney knows that Gerlach has already made the mistake of putting Rita on the stand once he sure don’t want to do that in front of a jury, JMO

 

[Puzzles8]

It's under the old sub for this thread "Crimes in the News"

I think it would be exponentially more helpful if it was under the same grouping as we are posting to.

I will embarrassingly admit, I have not been able to find it recently. I know you have strongly advocated to be able to revise the (almost 4 year old) Media thread. It is 15-16 pages long and many many of the links are dead.

Betty, you have spent a exponential amount of time trying to keep the Media thread current, but we have not been able to convince w/s to let us start fresh and update it.

GREAT thanks to Betty and all for trying to keep info and facts current!!

 

[Loomis124]

The Prosecution only found out about the Defense calling those three as witnesses on the 13th. Prosecution was not given the opportunity to argue against them being called before a judge. The Defense is the one trying to muck things up...

I'm sorry, but I'm confused. Where is there a journal entry saying Reader has been called as a witness? Thank you.

 

[Loomis124]

Jmo but Gerlach stated one of the state’s witnesses said it was not Rita’s signature on the documents. Could he just be saying that? Yes he could, but if true that signature is not Rita’s as notary then case is done. One thing I believe is that each side have their own agenda in getting this done and until the evidence is shown in court I truly don’t know who to believe jmo

Where and when did Gerlach state this, please?

 

[Betty P]

I think it would be exponentially more helpful if it was under the same grouping as we are posting to.

I will embarrassingly admit, I have not been able to find it recently. I know you have strongly advocated to be able to revise the (almost 4 year old) Media thread. It is 15-16 pages long and many many of the links are dead.

Betty, you have spent a exponential amount of time trying to keep the Media thread current, but we have not been able to convince w/s to let us start fresh and update it.

GREAT thanks to Betty and all for trying to keep info and facts current!!

Thanks, I'm not sure how we could move it all over here. Usually groups following a trial don't bother with that, but this case will be different with so many defendants. Maybe we'll just make sure to post it in the first couple of pages of each new thread.