OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #52

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Rutledge203 said:
If she heard directly from any of the indicted that is not hearsay. That is first hand conversation and direct evidence.
If someone told her what someone said or did that is hearsay.
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‘If she did not witness it herself then it is still considered hearsay in a court of law. If a defendant said directly to someone “ I am going to kill so-and-so” but she did not see them do it then it is considered circumstantial hearsay. Just because the perp said it and it happened but RN didn’t witness it then Defense can say anyone could have done it but my client is being blamed because of what she said previous to the actual event. Same goes if AW tells RN she did it but RN didn’t see it happen Then RN is “assuming” AW did it cuz it happened. Again there is no proof so it is hearsay, therefore it is not admissible.
 
Rutledge203 said:
If she heard directly from any of the indicted that is not hearsay. That is first hand conversation and direct evidence.
If someone told her what someone said or did that is hearsay.
Click to expand...

‘If she did not witness it herself then it is still considered hearsay in a court of law. If a defendant said directly to someone “ I am going to kill so-and-so” but she did not see them do it then it is considered circumstantial hearsay. Just because the perp said it and it happened but RN didn’t witness it then Defense can say anyone could have done it but my client is being blamed because of what she said previous to the actual event. Same goes if AW tells RN she did it but RN didn’t see it happen then RN is “assuming” AW did it cuz it happened. Again there is no proof so it is hearsay, therefore it is not admissible. I have had to work with the AG’s office in the investigation of Medicaid fraud and some of our work was tossed because of this. MOO.
 
Ann99 said:
Today was a big win for the Prosecution Team - at least I see it that way.
A win for Rita too. She seemed very relieved.
And a win for Rita is a win for Gerlach (never thought I’d be saying that)
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JMO, but we won't know if it's a win until she talks, and she sure owes the State a LOT of information for what all she got today.
 
Rita Newcomb enters guilty plea - Times Gazette

"...Newcomb, 66, pleaded guilty to obstructing official business and faces up to 90 days in jail after prosecutors agreed to drop forgery, obstructing justice and perjury charges against her.

Prosecutors said Monday that Newcomb acknowledged that her daughter, Angela Wagner, told her to lie and say she had forged custody papers even though she had not done so.

“It’s not a good Christian thing to lie, and I couldn’t do it anymore,” Newcomb told a Pike County judge before pleading guilty..."

Me: She's free from house arrest and for now, free of Angela. Probably for the first time in her life. Sad really.
 
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Dudly said:
He did not need any documents to get custody after the murders. All he would need is proof he was the father. Proof he was the only man that accepted her as his daughter and that he was the person she considered her father may have been enough.
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Not in Ohio. He may have gotten her temporarily until things were straightened out but not permanently because he had no proof—DNA, name on birth certificate or formal court declaration by the mother before death. Otherwise she would have gone to HMR’s family long term. This is why, IMO, JW and AW went to the lawyer and described the hammertoe and how much SW looked like him (included in discovery)—because there was no other proof. This is also another possibility why the forging of the documents (possibly out of desperation) to avoid needing DNA. The judge most likely ordered DNA anyways and this led to the rape indictment. If HMR died in an accident I don’t believe he would have been brought up on rape charges.

A biological father has no parental rights in Ohio unless proof of relationship is formalized. My son and his gf had a daughter, lived together as a family & his name is on the birth certificate. The gf left with his daughter after 6 yrs and no marriage. Our lawyer said he had no parental rights whatsoever at that point, even though both sets of parents were willing to vouch for him. His choices were either to reconcile with the mother and get married or go to court (get DNA) and have it drawn up legally.
 
I was a little unnerved when Gerlach enthusiastically asked the Judge if it would be ok for RN to have contact now with Fredericka, as if they wanted to get together right away. I think he was shocked when the Judge said 'No'.



FW, had told Gerlach, if she deals, bring her to me. Or their will be no check! I am not paying for a deal. JMO
 
Cool Cats said:
Here's an article mentioning Jake and CG taking a DNA paternity test:

Pike County: 'That's all we've got left. Just those kids.'

"..No father's name is listed on her birth certificate. Family and friends say her mom had been in three on-again, off-again relationships during the time in which Kylie was conceived. And two of those men said they will take paternity tests, perhaps as soon as this week, to determine paternity. They both want to raise the baby girl.

Jake Wagner, 23, said there's a 50/50 chance he's Kylie's father. He and Hanna Rhoden dated for nearly three years before they welcomed her half-sister, Sophia, now 2 1/2 years old. If Wagner is her father, that would mean her half-sister would become her full sister.

Charlie Gilley, 21, has never held Kylie. But he aches to, he said. He's seen pictures of her.

"Have you seen her photo? She looks just like me,'' he beamed. "Don't you think?"

He, too, has hired a lawyer. And just like Wagner, he is awaiting the material needed to have his DNA tested to establish paternity.. "
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Yes but did he take a DNA test on SW? If so why feel the need to back up science with a forged document?
 
Merrygirl said:
Not in Ohio. He may have gotten her temporarily until things were straightened out but not permanently because he had no proof—DNA, name on birth certificate or formal court declaration by the mother before death. Otherwise she would have gone to HMR’s family long term. This is why, IMO, JW and AW went to the lawyer and described the hammertoe and how much SW looked like him (included in discovery)—because there was no other proof. This is also another possibility why the forging of the documents (possibly out of desperation) to avoid needing DNA. The judge most likely ordered DNA anyways and this led to the rape indictment. If HMR died in an accident I don’t believe he would have been brought up on rape charges.

A biological father has no parental rights in Ohio unless proof of relationship is formalized. My son and his gf had a daughter, lived together as a family & his name is on the birth certificate. The gf left with his daughter after 6 yrs and no marriage. Our lawyer said he had no parental rights whatsoever at that point, even though both sets of parents were willing to vouch for him. His choices were either to reconcile with the mother and get married or go to court (get DNA) and have it drawn up legally.
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THIS is good information!!
 
Rita received a misdemeanor sentence today, that wasn’t no more than a smack on the hand, something has happened in the last 2 weeks that broke her down, Rita found the truth out for sure no more guessing, ether Rita was told from a family member how the massacre took place that night or she has new piece of evidence, something definitely happened, JMO
 
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