Covert Operative
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This is hurting my head.
They want them to remove DP officially.
**Moderator approved document from court view.**
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This is hurting my head.
They want them to remove DP officially.
**Moderator approved document from court view.**
So why the sudden push to get this officially removed from BW's charges? It's been three months since JW's plea change.They want them to remove DP officially.
**Moderator approved document from court view.**
This is hurting my head.
So why the sudden push to get this officially removed from BW's charges? It's been three months since JW's plea change.
Is BW considering changing his plea? I highly doubt it, but it is at the very least a possibility. RN's plea deal doesn't really affect BW, as I see it. His signature wasn't on any of the custody papers. But JW's plea deal, on the other hand, has a huge impact on BW's case--though I find it hard to believe BW's ego would allow a guilty plea. Just my opinion.
Or, is this just a ploy by BW's attorneys to find any way possible to discredit AC and the prosecution team?
They want them to remove DP officially.
**Moderator approved document from court view.
I believe I recall G4's laywer also mentioning in court that the prosecution had not removed DP as agreed. You could be right about a plea deal but it seems that would be something they would be negotiating behind the scenes and it would be removed at that time if they were not going to trial.
I thought judges don't usually sign off on plea agreements until after trials are completed and agreement terms are met.
I think it is standard. I am not sure everyone has a forensic psychologist though, they may. This one is a forensic psychologist. I think they would work on insanity type things more than a regular psychologist.
At BW's arraignment, his attorney talked about people thinking that BW was the "mastermind" of all the charges. He stated that BW couldn't be the mastermind because he has a "seventh grade education". I know the article linked below is talking about competency/fitness to stand trial, but IMO it could also be BW's attorney trying to prove BW has either a low IQ or a genuine seventh grade education and couldn't be the mastermind.
"An attorney can raise competency as an issue, or a judge may base a finding of competency based on observation. If there is a reasonable basis to believe that competency is an issue, the court orders an evaluation, usually by a forensic psychologist."
https://www.forensicpsychologyedu.org/insanity-and-competency-to-stand-trial/
Quote from BW attorney:
Collins said investigators have labeled his client the mastermind of the murder plot but said Wagner has a seventh-grade education and no serious criminal history.
https://www.10tv.com/article/defense-attorney-pushes-move-rhoden-family-murder-trial
At BW's arraignment, his attorney talked about people thinking that BW was the "mastermind" of all the charges. He stated that BW couldn't be the mastermind because he has a "seventh grade education". I know the article linked below is talking about competency/fitness to stand trial, but IMO it could also be BW's attorney trying to prove BW has either a low IQ or a genuine seventh grade education and couldn't be the mastermind.
"An attorney can raise competency as an issue, or a judge may base a finding of competency based on observation. If there is a reasonable basis to believe that competency is an issue, the court orders an evaluation, usually by a forensic psychologist."
https://www.forensicpsychologyedu.org/insanity-and-competency-to-stand-trial/
Quote from BW attorney:
Collins said investigators have labeled his client the mastermind of the murder plot but said Wagner has a seventh-grade education and no serious criminal history.
https://www.10tv.com/article/defense-attorney-pushes-move-rhoden-family-murder-trial
Upon reading this post, it certainly sounds to me like BW and his attorney just trying to discredit AC and the prosecution team any way possible. JMOI thought judges don't usually sign off on plea agreements until after trials are completed and agreement terms are met. That's what @PrairieWind said when answering questions about RN's plea agreement.
They'll just have to trust the judge to honor the agreement. Kind of like the way the Hanna Rhoden trusted the Wagners to not kill her entire family over a child custody battle.
You could be right! IMODo you remember when he said BW was very intelligent also at one of her motion hearings? I think BW was prob mad at him and he was trying to make him happy.
Agreed!That was recently "blown out of the water" when Billy's attorneys said he is intelligent, interesting and tells them what to do. Words to that effect from his last Hearing.
The Judge does not have to accept any plea agreement, he can alter it or reject totally. But the judge cannot order the prosecutor to seek a death sentence. That is totally in the discretion of the prosecutor. However, if the plea agreement is rejected, or the defendant doesn't live up to his end of the bargain, the death sentence request can be reinserted and proceed to trial on his case.
I sent a follow up question to @PrairieWind about this latest development in the plea deal and will let you know when I get a reply.
Here is a quote from their reply to my first questions about Jake, the other Wagners and the plea deal
The Judge does not have to accept any plea agreement, he can alter it or reject totally. But the judge cannot order the prosecutor to seek a death sentence. That is totally in the discretion of the prosecutor. However, if the plea agreement is rejected, or the defendant doesn't live up to his end of the bargain, the death sentence request can be reinserted and proceed to trial on his case.
Note in the attachment (thanks CO!) that Jake's modified sentence is 8 consecutive LWOP sentences, plus sentences for the other charges and specifications. Consecutive. So it seems highly unlikely JW will ever see the outside of a prison in this life.
IANAL, but if I were one of the other 3 Wagners, I would think twice about going to trial. If that was the best sentence Jake's attorney could negotiate, I can't imagine any of the other Wags would be able to get a lighter sentence at trial, with a guilty verdict.
The prosecution has no reason to offer to reduce the charges against Billy or GW4 when they're going to trial. The best sentence they can hope for is the same sentence Jake got in his plea deal - 8 consecutive LWOP sentences, plus.
My original take on this hasn't changed. The best option for Billy, Angela and GW4 is to take a plea deal, then work to get some privileges like conjugal visits, etc.
Why George's lawyers are pressing Canepa to sign off early is anyone's guess.
Do they allow conjugal visits in Ohio? I guess they could be in another prison but I do not think that many have conjugal visits.
Do they allow conjugal visits in Ohio? I guess they could be in another prison but I do not think that many have conjugal visits.