GUILTY OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #66

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Keep in mind that Nash has no obligation to be completely honest in the assertions he makes in his motions.

Prosecutor Canepa knew the facts very well about how many people Jake killed and how many the Georges killed. Jake cannot lie without risking his plea agreement and Canepa has a mountain of evidence to back up Jake's claims.

Prosecutor Canepa didn't lie about how many victims Jake killed. She wasn't mistaken. Nash is the one who is either mistaken or bluffing. He's allowed to do that, the state is not.

All Nash has to do is repeat whatever lies George 4 has told him and he's safe. He knows that.

Representing a Client the Lawyer Thinks Is Guilty

Now, if someone believes a killer like George 4 over Prosecutor Canepa and a mountain of evidence and expert testimony, well they shouldn't expect everyone to agree with them.

JMO

ETA: I just re-read your post and wonder if you could clarify something for me. Are you saying that Prosecutor Canepa is lying about how many people Jake killed? Really? I hope I'm wrong. TIA

JMO

JW pled to killing 5 and I think the state and evidence plus his plea means that is the facts, his shooting one other victim may have been kept quiet by state when JW pled so that if others came forward that piece of information had to come from them, JW plea was sealed, when AW made her plea I think she confirmed JW shooting a sixth victim (JW not being the fatal shot) so it added credibility to both JW and AW story if they both revealed unbeknownst to each other the sixth shot.

I think JW shot Dana, HR, CRJr, FR, HG, I think GW the elder shot CRSr GR KR, and JW shot one of CRSr GR KR but unsure exactly which one, I would say most likely CRSr

I would also say it is unethical for state or defence attorneys to lie in open court, or mislead/lie to a court via motions, I happen to think neither side have lied in this case
 
To your point, there are also studies, reports, and articles from the AAAS (one of the worlds largest scientific and prestigious societies) that has researched fingerprint evidence issues. I also understand that you are speaking in general terms, about different types of evidence and its validity. Right now there is no Daubert hearing requested for fingerprint evidence in the W trials which you no doubt are aware of because it is obvious to me that you understand the information in the case, both evidentiary and legal.


I was just posting that article to show that their are issues with scientific validity of evidence presented in court, and that the Daubert issues on the shoe print will be very interesting
 
Unethical in what sense? His attorney has one job and that is to vigorously defend him and only him, regardless of the contents of plea agreements made with others. In my opinion, defense attorneys still have an obligation to put on a vigorous defense, even if they have doubts. (Unless they ask to be removed from a case/representing a client.) Doubts about a client's innocence don't equal knowledge of guilt. MOO

I agree, defence attorneys should be very vigorous in defending their client, I said defence attys cannot lie or mislead the courts as it is unethical, and I don't think these defence attys have been unethical, I think all 4 have had very good representation especially AW as her lawyers got her a very good plea deal
 
GW and GW4 not thinking they deserve the DP amazes me! They watched, were there and knew of the plans! They look like they are mad at the world in the court room when they need to take responsibility for their own actions! I bet their attorneys have their hands full with those two!
Fortunately they do not get to decide their own fate.
 
BW - Judge: DEERING, RANDY D
Event: MOTION HEARING
Date: 11/17/2021 Time: 01:30 PM

Was hoping some motions would be filed that might be argued in the hearing tomorrow but no new ones have since his last court date. Not sure what the hearing will be about. Responding to other acts is still outstanding but not sure that would be something they are even going to pursue now.
 
Pretty sure Nash has seen Jake's proffer. He knows what George did. Jake wasn't allowed to discuss the other killers and their cases at his own hearing because that information belongs in the other killer's trials, when their attorneys are present, can raise objections and can cross examine the witnesses. IOW, if Jake stated, in his hearing, that George was one of the killers that night, George's attorneys could not object or cross examine Jake.


IANAL, JMO

"Pretty sure Nash has seen Jake's proffer. He knows what George did."

Has seen Jake's Proffer and Angela's too. I remember both were turned over to defense so this could be where George's defense sees that Jake also shot a 6th victim and that George didn't shoot anyone.

It is possible this comes from Jake and Angela's testimony which makes it reliable because Angela was kept from knowing Jake's testimony so her's collaborates Jake's.

So if they are both saying Jake shot a 6th victim, apparently not killing him, which would be Chris, and that George was there but stopped short from shooting anyone, then Nash isn't lying for public consumption in his latest Motion.

3 guns were taken to the crime scenes with at least 2 silencers
and I believe George was in possession of one of those weapons. <modsnip -opinion stated as fact>

Which is how it looks if this is the track that Jake's and Angela's testimony is on.
 
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BW - Judge: DEERING, RANDY D
Event: MOTION HEARING
Date: 11/17/2021 Time: 01:30 PM

Was hoping some motions would be filed that might be argued in the hearing tomorrow but no new ones have since his last court date. Not sure what the hearing will be about. Responding to other acts is still outstanding but not sure that would be something they are even going to pursue now.

Refresher from Billy's
9/17/2021 Hearing:

MSN
Death penalty is the main issue during Billy Wagner hearing

There was some discussion of trying to get some evidence thrown out, including ballistics and shoe print evidence, and attorneys also tried to get some of the murder charges against Billy Wagner dismissed or at least modified but most of Thursday's hearing dealt with officially trying to get the death penalty dismissed.

Billy's attorney said the only reason Jake agreed to the plea deal was to get the death penalty dismissed for his entire family and that needs to be enforced and he wants the death penalty out officially before any trials begin.

Angela Canepa replied that this is Jake's agreement and as a third party Billy's attorneys don't have the right to change the plea deal.

Judge Randy Deering denied the defense's motion. Billy Wagner will be back in court Nov. 17.
 
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Refresher from Billy's
9/17/2021 Hearing:

MSN
Death penalty is the main issue during Billy Wagner hearing

There was some discussion of trying to get some evidence thrown out, including ballistics and shoe print evidence, and attorneys also tried to get some of the murder charges against Billy Wagner dismissed or at least modified but most of Thursday's hearing dealt with officially trying to get the death penalty dismissed.

Billy's attorney said the only reason Jake agreed to the plea deal was to get the death penalty dismissed for his entire family and that needs to be enforced and he wants the death penalty out officially before any trials begin.

Angela Canepa replied that this is Jake's agreement and as a third party Billy's attorneys don't have the right to change the plea deal.

Judge Randy Deering denied the defense's motion. Billy Wagner will be back in court Nov. 17.
CC
In your opinion what charges will GW4 be held accountable for?
I think he will still be charged for murder, JMO
 
CC
In your opinion what charges will GW4 be held accountable for?
I think he will still be charged for murder, JMO

In my opinion then.

1.) Judge Deering won't drop the DP until Jake testifies truthfully at George's trial.

2.) Judge Deering won't drop the 8 aggravated murder charges.

3.) George will go to trial in 2022 on all 22 charges.

4.) George will be convicted on all 22 charges.

Nash can scream all he wants to high heaven that "George shot nobody" but Deering will make him prove it in a trial. George's 8 aggravated murder charges are not going away.

Let's say, by some insane twist, George got offered the same deal as Angela. 8 aggravated murder charges dropped, plead guilty to the other 14 charges, get 30 years no early parole - must serve all 30 years which would be 27 now.

So even if he was offered this deal when pigs fly, I am sure he would never accept it. This is why I am sure George will be going to trial.

30 years seems a short time to us but it is too long for George. Nope, George wants to walk yesterday. He is willing to gamble it all in a trial.

Do I think George would do a plea agreement for a short sentence like 10 years?

Yes.

But he won't get offered that. Pike County would never allow it.

What I think will happen is he will face the jury on 22 charges, on his 22 count indictment.
 
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CC
In your opinion what charges will GW4 be held accountable for?
I think he will still be charged for murder, JMO

HA! @Johnny B Bad remember this....?

February 8, 2021

Did George Wagner break out of jail?

img_6368.jpg

Bedsheets are seen hanging from the window

The Ross County Sheriff confirmed to news media on Monday that George Wagner, IV, (the son) was not one of four inmates to break through a wall at a county jail this weekend, despite social media rumors over the weekend.

Wagner, 27, is facing eight counts of murder, along with his family. Wagner has been housed at the Ross County Jail in Chillicothe since his November 2018 arrest. Four inmates escaped from the jail over the weekend but all four have been apprehended.
 
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The ridiculous amount of time before trial is allowing Nash to corrupt tge jury pool more and more. It's like making an enviormental accord with Russia only one party is operating in good faith. Nashs biggest priority is creating a mistrial. Fooling one conspiracy minded juror is Nasha best chance. The states case and evidence is almost perfect 10. You've got motive means and modus. 3 co conspirators testifying for state, murder weapons vehicles, some forensic proof tons of spying before after, conspiring to escape on tape. Think about this the state got grand jury indictment before having most of that evidence! When the prosecution shows tge nightmare crime scene photos hear jakes testimony about their annihilation desire and celebration to cruelly snuf out human life. G4 wants mercy?sympathy? A cookie for not using his bullets? Get outta here the jury will see. Nashs case is like a magic eye. Stare long enough at anything you'll see some mirage. G4 going down. <Modsnip - inappropriate language>
 
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It's been awhile since GW3 was in court - so this is a bit long - which I will shorten up!

Wednesday, November 17th:
*Motions Hearing (@ 1:30pm ET) - OH - Pike County 8 people dead: Christopher Rhoden, Sr. (40), his ex-wife, Dana Manley Rhoden (37), their three children, Clarence "Frankie" Rhoden (20), Christopher Jr. (16), Hanna Mae (19); Frankie's fiancée, Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother, Kenneth Rhoden (44), & a cousin, Gary Rhoden (37). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) - for *George Washington "Billy" Wagner III (47/now 50), (Jakes’ father) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (12/4/18) with 8 counts of aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 4th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity. Plead not guilty. Held without bond. DA will seek the DP.
Number of shots fired at each victim (Det. Scheiderer: We know the three calibers of firearms that were used to commit these murders. a 22 caliber long rifle, a 40 caliber, and a 30 caliber) & court hearings from 12/4/18 thru 7/16/21 reference post #759 here:
GUILTY - OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #65

7/19/21: Oral hearing on Motion #51 on 9/16/21. 9/10/21: Warrant for removal of defendant & to appear on 9/16/21 at 11am for hearing on pending motions filed.
9/16/21 Update: Argument over the Death Penalty language & how it was written in Jakes plea agreement. Third part beneficiary rights around if something goes amiss. Defense: Defendant's agreement applies to Jake & co-defendants. They're arguing that state is not being clear to rights of other defendants. Nowhere in agreement says the DP will be reinstated if he doesn't testify right. They're arguing wording, saying it needs to be clear. Would add time to trial if this conflict happens. Plea references plea agreement. Plea agreement applies to Jake. When they say as per plea agreement - the other defendants rights applied. He's saying Jake has already testified truthfully, so the DP should be considered off the table for the others. AC says they can change the terms with Jake, but the other defendants don't have the right to demand changes. Defense says it's an "attendant benefit". He says right now Billy is a vested attendant beneficiary. He says it needs to be enforced (for other defendants) before any trial. Deering denied Billy Wagner's request. Next pretrial hearing on 11/17/21 @ 1:30pm.
9/21/21: Journal Entry: On this 5th day of April, 2021, this cause came on for a pretrial hearing and a hearing on pretrial motions. The Defendant, George Washington Wagner, III, was present in court & was represented by his attorneys, Mark C. Collins & Thomas F. Hayes, each of whom has been appointed by the Court to represent the Defendant. Also, present were Attorneys Kaitlyn C. Stephens & Emily Enstett, each of whom are part of the defense team, but neither of whom are attorneys appointed by the Court to represent the Defendant in the present action. The Defendant appeared for the pre-trial hearing in civilian clothing & without restraints visible outside of his clothing. The State of Ohio was represented at the pretrial hearing by the Prosecuting Attorney, Rob Junk & by Special Prosecuting Attorneys Angela R. Canepa & David A. Wilson. Also present for the pretrial hearing was Special Agent Ryan Scheiderer, of the Ohio Bureau of Criminal Identification & Investigation ("Ohio BCI&I").
The Court finds that on December 23, 2020, Defendant, by and through his counsel, filed the following motions:
Motion 42 - Defendant's Motion in Limine requesting a pretrial Daubert hearing to determine the admissibility of ballistics evidence & opinions.
Motion 43 - Defendant's Motion in Limine requesting pretrial Daubert hearing to determine the admissibility of shoe print evidence & opinions.
Motion 44 - Motion to revoke Andrew Wilson's appointment as special prosecuting attorney.
Motion 45 - Defendant's Motion in Limine requesting a pretrial evidentiary hearing to determine the admissibility of any non-testifying co-defendant statements the State intents to present in its case in chief.
Motion 46 - Defendant's motion for an order requiring the prosecution to provide a transcript of audio recordings it intends to introduce at trial.
Motion 47 - Defendant's motion for an order compelling the State of Ohio to provide the defendant with all forensic expert reports & underlying data.
The Court further finds that on February 22, 2021, the State of Ohio filed a Not of Intent to use other acts evidence pursuant to 404(B).
The Court further finds that on February 25, 2021, the Defendant filed the following motion:
Motion 48 - Defendant's motion to compel the prosecution to provide transcripts of audio recordings it intends to introduce at trial.
It appears to the Court finds that Motion 48, is similar to Motion 46, filed with the Court on December 23, 2020. The Court further finds that on March 10, 2021, the Defendant filed the following motion:
Motion 49 (as re-designated). Defendant's Motion in Limine to preclude other acts evidence.
The Court further finds that on April 5, 2021, the State of Ohio filed its responses to Defendant's motions numbers 42 through 45.
At the hearing on this 5th day of April, 2021, the Defendant, through his attorney, orally withdrew the Defendant's Motion 44. The Defendant's attorney further informed the Court with respect to Defendant's Motion 46 & Motion 48 that the State of Ohio has now furnished the Defendant with transcripts of audio recordings as requested in such motions. After hearing arguments of counsel, the Court granted Defendant's Motion 42 & Defendant's Motion 43 & ordered that a Daubert hearing would be held concerning the admissibility of ballistics evidence & opinions & concerning the admissibility of shoe print evidence & opinions. Counsel for the Defendant indicated to the Court that he would contact counsel for the co-defendants in order to see whether, if Daubert hearings are to be held in such other cases, the Daubert hearings in all cases could be scheduled on the same day in order to avoid the necessity of having to make the experts involved available on several different days.
Concerning Defendant's Motion 45, counsel for the Defendant indicated to the Court that he believes that argument & consideration of such motion would be premature as of the time of the hearing of April 5, 2021, & that the defense would like to reserve argument & consideration of Defendant's Motion 45 until the defendant's attorneys have familiarized themselves with all of the statements of non-testifying co-defendants. Counsel for the Defendant indicated that the Defendant will supplement Motion 45 by making objections to specific portions of the statements of non-testifying co-defendants, if defense counsel believes that portions thereof should be inadmissible at trial.
The Special Prosecuting Attorney clarified that the transcripts of statements provided by the State of Ohio to the Defendant do not constitute all oral statements of the Defendant & co-Defendants, but are transcripts of some of the intercepted communications, portions of which were difficult to hear & that the transcripts are provided in order to make such statements easier to decipher.
Concerning the Defendant's Motion 49, counsel for the Defendant & counsel for the State of Ohio made oral arguments regarding the issue of the timeliness of the State of Ohio's "Notice of Intent To Use Other Acts Evidence Pursuant to 404(B)" which was served & filed on February 22, 2021. Counsel for the Defendant indicated that the Defendant intends to file specific objections at a later time to any "other crimes, wrongs, or acts" alleged in the State of Ohio's notice that the Defendant believes to be inadmissible at trial.
Having considered the arguments of counsel, the Court finds that the State of Ohio's "Notice of Intent To Use Other Acts Evidence Pursuant to 404(B)" that was served & filed on February 22, 2021 constitutes reasonable notice as far as the timeliness of the notice is concerned. The Court therefore overrules & denies the Defendant's Motion 49 as it concerns the issue of timeliness of the notice. This ruling does not constitute a determination that evidence as to such alleged other acts are admissible in this case under Evid.R. 404(B), however, but only that such evidence is not rendered inadmissible based upon asserted untimeliness of the notice.
Upon the court's inquiry, the Defendant indicated to the Court that he is satisfied with the frequency with which he is seeing his attorneys; that at this time he is satisfied with the services being provided by his attorneys in representing him in this action so far & that he has no complaints at this time concerning the process or the proceedings. The Court inquired of the Defendant whether the Defendant had any questions or anything else that he wanted to say concerning the proceedings, and the Defendant indicated that he did not have any questions or anything else that he wanted to say. There being no further matters before the Court, said Court was adjourned.

*George Washington Wagner IV (27/now 30) – Dalbert hearing on 12/22/21. Trial set to begin on 4/4/22.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty to a plea deal to Counts 9 thru 22, Counts 1-8 were dismissed. Sentenced to 30 years in prison with no early release & has to testify against others at trial.
*Edward Jake Wagner (26/now 29) – Plead guilty (4/22/21) to all charges & will testify at the trials.
*Rita Jo Newcomb (65/now 69) – Motion hearing on 12/2/19 entered a plea of guilty to all charges. Will testify at the trials.
*Fredericka Carol Wagner (76/now 79) – 6/26/19: Charges were dismissed without prejudice.
 
HA! @Johnny B Bad remember this....?

February 8, 2021

Did George Wagner break out of jail?

img_6368.jpg

Bedsheets are seen hanging from the window

The Ross County Sheriff confirmed to news media on Monday that George Wagner, IV, (the son) was not one of four inmates to break through a wall at a county jail this weekend, despite social media rumors over the weekend.

Wagner, 27, is facing eight counts of murder, along with his family. Wagner has been housed at the Ross County Jail in Chillicothe since his November 2018 arrest. Four inmates escaped from the jail over the weekend but all four have been apprehended.
I remember that CC.
 
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