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

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Loomis124 said:
Dudley, please, where did you find this out? TY
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Look in RN's Pike County Court docket in entries towards the end of October. There's a link a few pages back in a post I made w/ a copy/paste of the November part of the docket.

I think the worst part of Gerlach's antics is the fact he's not representing a DP case here. At most, RN probably faces a couple years in jail followed by probation. Why is he putting his own professional reputation at risk defending a lower level offense? Sure RN deserves good representation and a fair trial, but Gerlach seems to be going overboard here at the risk of his own credibility.
 
Loomis124 said:
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
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Thank You for pointing this out. The State gave the defense all the nessesary GJ documents and audio. I copied the parts that show that the State also gave the defense a substantial report:

"CCU Analysis Report" concerning an HP Envy Touch Smart 15 Notebook PC model 15-j1119wm bearing the S/N 5CG40505KY

".. At the hearing held on October 7, 2019, the parties indicated to the Court that the State had furnished the Defendant with a copy of the above-mentioned report, but with material redacted on pages 2, 3 and 4.

It is the Court's understanding that the State furnished the Defendant with another copy of the report on October 7, 2019, and that includes the previously redacted material on page 4, but that the material redacted on pages 2 and 3 of the report remains redacted.
 
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Betty P said:
Thanks, finally a link to something.

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. :rolleyes: 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.
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DBM
 
Cool Cats said:
Thank You for pointing this out. The State gave the defense all the nessesary GJ documents and audio. I copied the parts that show that the State also gave the defense a substantial report:



Thank you for posting!!

"CCU Analysis Report" concerning an HP Envy Touch Smart 15 Notebook PC model 15-j1119wm bearing the S/N 5CG40505KY

".. At the hearing held on October 7, 2019, the parties indicated to the Court that the State had furnished the Defendant with a copy of the above-mentioned report, but with material redacted on pages 2, 3 and 4.

It is the Court's understanding that the State furnished the Defendant with another copy of the report on October 7, 2019, and that includes the previously redacted material on page 4, but that the material redacted on pages 2 and 3 of the report remains redacted.
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Puzzles8 said:
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!!
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The Media, Maps, Timeline *NO DISCUSSION* thread is linked in the opening post of this thread.
 
Who’s putting all the money up, just a ruff guess FW attorney fee was probably $100,000 dollars or more and Rita case has went 6 months longer, Rita has one of the best attorney in Portsmouth Ohio, and when she was first arrested she told the court that she didn’t have enough money to keep the electric on to her house, So who is the power behind the throne?
Sounds fishy to me!
 
Johnny B Bad said:
Who’s putting all the money up, just a ruff guess FW attorney fee was probably $100,000 dollars or more and Rita case has went 6 months longer, Rita has one of the best attorney in Portsmouth Ohio, and when she was first arrested she told the court that she didn’t have enough money to keep the electric on to her house, So who is the power behind the throne?
Sounds fishy to me!
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Her mom? Fred? Robin? Pro-Bono or reduced rate? Her fixed income is only in the 3 figures so it seems it would be very difficult to pay any attorney, even at a steep discount.
Selling property? Her address lists property for sale.
 
Cool Cats said:
Her mom? Fred? Robin? Pro-Bono or reduced rate? Her fixed income is only in the 3 figures so it seems it would be very difficult to pay any attorney, even at a steep discount.
Selling property? Her address lists property for sale.
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I just wonder how deep the corruption runs thru Southern Ohio, Eastern Kentucky and WestVirginia, it seems like someone wants these people free, JMO
 
Johnny B Bad said:
I just wonder how deep the corruption runs thru Southern Ohio, Eastern Kentucky and WestVirginia, it seems like someone wants these people free, JMO
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Hopefully we will find out today how Judge Deering rules.

Rita's trial has been scheduled 3 times aleady!

07/08/2019 8:30 AM JURY TRIAL

10/21/2019 8:30 AM JURY TRIAL

11/18/2019 8:30 AM JURY TRIAL
 
Cool Cats said:
Her mom? Fred? Robin? Pro-Bono or reduced rate? Her fixed income is only in the 3 figures so it seems it would be very difficult to pay any attorney, even at a steep discount.
Selling property? Her address lists property for sale.
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With so many defendants in this case, they may have tapped a lawyer to do some pro bono work, or work for the state as a court-appointed atty for the indigent.
 
rsd1200 said:
That's not uncommon to reschedule on either side's behalf.
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Right. It's common but now Jurors have been summoned, subpoenas have gone out, witnesses have fixed their schedules--trial was postponed from October because the lead witness (Scheiderer) couldn't make it--speedy trial is running out a second time, Rita has been on house arrest for a year, and now it's 3 days before trial. So I'm surprised, even though like you said, it's to be expected.
 
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Cool Cats said:
Right. It's common but now Jurors have been summoned, subpoenas have gone out, witnesses have fixed their schedules--trial was postponed from October because the lead witness (Scheiderer) couldn't make it--speedy trial is running out a second time, Rita has been on house arrest for a year, and now it's 3 days before trial. So I'm surprised, even though like you said, it's to be expected.
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They can't foresee some scheduling conflicts, and there's also delaying tactics that can be done on both sides; However, RJN has already waived her right to a speedy trial.

New trial date set for grandma in Rhoden murder case

Rita Newcomb is facing charges she altered custody documents of the child her grandson Jake Wagner had with one of the murder victim, Hanna Rhoden. During a Friday pretrial hearing, Newcomb waived her right to a speedy trial which led to her four-day trial being rescheduled to begin Oct. 21.
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The courts move at their own pace.
 
rsd1200 said:
They can't foresee some scheduling conflicts, and there's also delaying tactics that can be done on both sides; However, RJN has already waived her right to a speedy trial.

New trial date set for grandma in Rhoden murder case



The courts move at their own pace.
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Rita only waived her right to speedy trial temporarily according to her attorney.
Also, according to Gerlach:

"..Rita is still entitled to a speedy trial regardless of statutory time limits.
Since she only agreed to waive time during the time of the original continuance, time is almost up to try this case.."

Defendants can waive speedy trial but there are still usually time limits. GW4 waived his speedy trial on 11/28/18 and it was going to expire in the fall of 2019 so Junk said they had to schedule his trial by September 4th, which they did. Then GW4 waived his speedy trial a 2nd time on 7/24/19 and his trial date is still to be determined.

Jake waived his speedy trial on 11/27/18 and then he waived his speedy trial a 2nd time on 9/17/19 to be in effect through 1/31/21.
 
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Cool Cats said:
State's (full) Motion to postpone trial:

Dropbox - State's Motion Continuance Rita.pdf - Simplify your life
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Wow.... All I can say is wow. Just wow.

Gerlach is really reaching and taking a chance.
I really hope Judge Deering rules that the trial goes on as scheduled and that the defense 's last minute evidence and 3 witnesses are disallowed. Unbelievable.
I too ask who is paying Gerlach. Get real.. RN faces probation only. Correct me if I'm wrong but isn't her charge a felony 5? A charge that carries a PRESUMPTION of probation? The judge and jury will not be able to Consider what happened to the Rhodens when considering her guilt or sentence. Very very unlikely anyone who commits an F5 would get jail time and besides even if she did she already served time for which she would get credit.
I think it is of utmost importance for the W4 that RN not be convicted . And very important for the State that she is . RN is being used AGAIN by AW. Wouldn't it has just been better all the way around for RN's to have taken a plea deal, be on probation and get out of the public spotlight?
 
I'mNosyRosy said:
Wow.... All I can say is wow. Just wow.

Gerlach is really reaching and taking a chance.
I really hope Judge Deering rules that the trial goes on as scheduled and that the defense 's last minute evidence and 3 witnesses are disallowed. Unbelievable.
I too ask who is paying Gerlach. Get real.. RN faces probation only. Correct me if I'm wrong but isn't her charge a felony 5? A charge that carries a PRESUMPTION of probation? The judge and jury will not be able to Consider what happened to the Rhodens when considering her guilt or sentence. Very very unlikely anyone who commits an F5 would get jail time and besides even if she did she already served time for which she would get credit.
I think it is of utmost importance for the W4 that RN not be convicted . And very important for the State that she is . RN is being used AGAIN by AW. Wouldn't it has just been better all the way around for RN's to have taken a plea deal, be on probation and get out of the public spotlight?
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Here are her charges:
  • NEWCOMB, RITA JO-
  • - Defendant
Charge # 1 :
2913.31(A)(1) - Felony 5th Degree FORGERY
    • Original Charge
    • 2913.31(A)(1) FORGERY (Felony 5th Degree)
    • Amended Charge
Charge # 2 :
2913.31(A)(1) - Felony 5th Degree FORGERY
    • Original Charge
    • 2913.31(A)(1) FORGERY (Felony 5th Degree)
    • Amended Charge
Charge # 3 :
2913.31(A)(1) - Felony 5th Degree FORGERY
    • Original Charge
    • 2913.31(A)(1) FORGERY (Felony 5th Degree)
    • Amended Charge
Charge # 4 :
2921.32(A)(5) - Felony 5th Degree OBSTRUCTING JUSTICE
    • Original Charge
    • 2921.32(A)(5) OBSTRUCTING JUSTICE (Felony 5th Degree)
    • Amended Charge
Charge # 5 :
2921.11(A) - Felony 3rd Degree PERJURY
    • Original Charge
    • 2921.11(A) PERJURY (Felony 3rd Degree)
    • Amended Charge
 
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I'mNosyRosy said:
Wow.... All I can say is wow. Just wow.

Gerlach is really reaching and taking a chance.
I really hope Judge Deering rules that the trial goes on as scheduled and that the defense 's last minute evidence and 3 witnesses are disallowed. Unbelievable.
I too ask who is paying Gerlach. Get real.. RN faces probation only. Correct me if I'm wrong but isn't her charge a felony 5? A charge that carries a PRESUMPTION of probation? The judge and jury will not be able to Consider what happened to the Rhodens when considering her guilt or sentence. Very very unlikely anyone who commits an F5 would get jail time and besides even if she did she already served time for which she would get credit.
I think it is of utmost importance for the W4 that RN not be convicted . And very important for the State that she is . RN is being used AGAIN by AW. Wouldn't it has just been better all the way around for RN's to have taken a plea deal, be on probation and get out of the public spotlight?
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RN was considered indigent, so the court provided her with an attorney.

That said, Rita and FW's attorneys have tried to interfere with the murder trials, JMO. Remember this incident with FW's attorney Owens, when he attached secret grand jury testimony to a motion for dismissal?

Prosecution 'shocked' by defense attorney in Rhoden murder case

Prosecution 'shocked' by defense attorney in Rhoden murder case

Now we have RN's attorney "misrepresenting" information about trial evidence, witnesses, etc. in a court memo made public just days before the jury selection process.
 
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