Apology for posting Evan's tweets late. Congratulations to Courtney! She will be missed as she moves on to Hotlanta.
PIKE COUNTY TRIAL: Spending this week in Waverly for closing arguments in the
#GeorgeWagnerIV case
MORE: First thing this morning, the defense team and prosecutors are going to be haggling over the jury instructions (we're talking about more than 100 pages long). Closing arguments are expected to start around 10 a.m.
MORE: Get caught up here - including the news last week that prosecutors will officially take the death penalty off the table, per Jake and Angela Wagner's plea deals.
MORE: Jury is coming in - sounds like closing arguments will start right away now.
LIVE NOW: Judge Deering informs the jury that prosecutors have dismissed the death penalty specifications on the 8 aggravated murder charges.
MORE: That means, jury will NOT be sequestered while they deliberate.
CLOSING ARGUMENTS: Special prosecutor Angela Canepa starts the state's closing arguments - thanks jury. "You guys have served the longest of any criminal jury I can think of" -- 12 weeks of testimony in this one.
CLOSING ARGUMENTS: Canepa "I also want to apologize for the enormous amount of evidence in this case." Notes 8 victims - 4 scenes - means 8 autopsies, etc.
CLOSING ARGUMENTS: Canepa returns to something from opening statements - "These murders should never have happened, there was never a reason.”
"Frankie's crime for which he got the death penalty? Allegedly kissing his niece on the lips ... and he was the type of man who would have to go through to get to his family.”
CLOSING ARGUMENTS: Canepa is going through victims one by one.
CLOSING ARGUMENTS: Hannah Hazel Gilley - "proud of her son." "Her crime was solely being there. Nothing else.”
CLOSING ARGUMENTS: Canepa calls Chris Rhoden Sr a "hard worker ... a family man who provided for his family." Notes he grew marijuana - "that has nothing to do with this case." "He was killed because he was the patriarch." Echoes 'cutting off head of the snake' comment.
CLOSING ARGUMENTS: Canepa says Gary Rhoden was described as "goofy." "His only crime was simply being there.”
CLOSING ARGUMENTS: Canepa says Kenneth Rhoden described as "a hardworking man, a generous man." Says he was killed because he was strong - and close to his brother Chris and would figure out who did this.
CLOSING ARGUMENTS: Canepa describes Dana Rhoden as a "loving mother and grandmother." Was working a double that night - and then going to watch Brentley the next day.
CLOSING ARGUMENTS: Hanna May was "loving and proud mother of Sophia." Canepa says "She refused to be manipulated by the Wagners." That was her crime - never going to sign custody papers on Sophia.
CLOSING ARGUMENTS: Little Chris Rhoden had just got his drivers license, "was happy ... the annoying little brother who always had to go with Hanna when she went to Jake's." His crime? Canepa says Angela Wagner suspected he had done something to Sophia.
CLOSING ARGUMENTS: Canepa says Angela Wagner testified that Sophia had made a comment that Chris Jr did something to (touched?) her for bubble gum. Canepa indicates there's no evidence of that.
CLOSING ARGUMENTS: Canepa now talking about George Wagner IV. Canepa - "themes of the women who become ensnared in the Wagners' lives." Tabitha first - no contact with family, accused of poisoning Wagners, accused of abusing George; after she cheated on George, they took phone
CLOSING ARGUMENTS: "This was a family affair" - Canepa recounts the night Tabitha fled the Wagner home. Hanna called Chelsea from someone else's phone, terrified. Hanna says Wagners told her they threatened to cut off her legs if she told anyone.
CLOSING ARGUMENTS: Canepa address argument that Wagners didn't kill Tabitha for custody of Bulvine - 'they went about it the right way, through the courts.' Canepa notes Wagners falsified police report against her - saying she was aggressor that night.
CLOSING ARGUMENTS: Canepa addressing the questions of if Tabitha knew what she was signing when she divorced George and lost custody of Vine. "She thought it was a temporary deal ... made efforts to see her son" but Wagners found reasons to not be around.
CLOSING ARGUMENTS: "They were all working as a family to ensure Tabitha never got any visits with Bulvine.”
CLOSING ARGUMENTS: After George and Tabby split, he was monitoring her FB. "He says she gave him her password - but that doesn't make sense." Jake was also using Hanna to get info on Tabitha, Canepa says.
CLOSING ARGUMENTS: Canepa calls Hanna May different from Tabitha: "she had a support system, she was less malleable, she had her own transportation." But Canepa says texts & messages show how they tried to still dominate her. Relationship ends when Jake tries to choke her
CLOSING ARGUMENTS: Canepa points again to FB monitoring and the Dec 2015 message from Hanna - "they'll have to kill me first." "BY January 2016, they have made the decision they are going to kill them and you start seeing the purchases corresponding to that timeline.”
CLOSING ARGUMENTS: Canepa - "it's hard to imagine 8 people would lose their lives from such a flimsy motive but it’s true, you’ve heard from them.”
CLOSING ARGUMENTS: Canepa recounts wire tapped call between George and Jake - "George is losing his mind" about Bulvine's safety with Beth Ann Canepa says it shows he is "not the voice of anyone to ever sit one out." Says George wanted to even protect Sophia from Jake himself
CLOSING ARGUMENTS: Canepa says Wagners had "flimsy allegations" against Beth Ann and similar ones against Rhodens. "They whip themselves into a frenzy ...but you can tell from this conversation that it's George and Angela leading the charge.”
CLOSING ARGUMENTS: Canepa is painting a pattern with the boys' wives/baby mothers. "Beth Ann knew she needed to get out because the things they were accusing her of were what they said about Tabitha.”
CLOSING ARGUMENTS: Canepa, still discussing Beth Ann and what she writes in her journal - "there is nothing that happens in that household that is not a group decision ...and they are willing to resort to crimes if the women don't cooperate.”
CLOSING ARGUMENTS: Canepa now addressing circumstantial evidence - says in this case it's "almost as good as us being there and seeing them commit these crimes." Says they also have strong direct evidence - Jake and Angela's testimony.
CLOSING ARGUMENTS: Canepa nots "other acts" evidence she says is valid here - the lessons in crime George testified to. Spotting the cop before dad Billy, learning how to steal, etc.
CLOSING ARGUMENTS: Canepa calls it evidence the family operated like a criminal enterprise - there's an objection from defense and attorneys go to judge's bench. Back, Canepa notes wrecking truck for insurance money- "proud" of crime without family's help.
CLOSING ARGUMENTS: Canepa is now running through circumstantial evidence - after explaining to jury that complicity charge doesn't require George be present for killings. First up, shoes + shoeprints from crime scenes.
CLOSING ARGUMENTS: Canepa says the circumstantial evidence is ballistics - matched from Peterson Rd to scenes 2 + 3. meaning, they came from the same gun. "Very strong circumstantial evidence." Got about 12 positive matches.
CLOSING ARGUMENTS: Canepa calls the 1911 .22 gun "strong circumstantial evidence" too. Photos from an iPhone back up on Jake's laptop show one in his hand. Was also on gun list investigators found - an inventory list
CLOSING ARGUMENTS: We are taking a short morning break.
CLOSING ARGUMENTS: Back from short break, Canepa says evidence of social media hacking is circumstantial evidence too. They found thousands of pages of messages. Also says false statements are circumstantial & admission of guilt. Ex: claiming no problems with Hanna or Rhodens
CLOSING ARGUMENTS: Canepa says tattoos are circumstantial because they all went together; Billy got a scorpion on his trigger finger. She's also talking about the Boondock Saints movie clip - Jake dyed his hair to look like Norman Reedus.
CLOSING ARGUMENTS: Canepa says at the end of Boondock Saints 2 - the dad of the boys kills his best friend. Uses a Glock. "Is that proof positive? No one has told us that is a fact, but it does seem suspicious."
CLOSING ARGUMENTS: Canepa calls George's tattoo suspicious - it is a skull & crossbones with an 8-ball and 3 aces (instead of the traditional aces and 8s)
CLOSING ARGUMENTS: Canepa says the silencer pulled from the well on Peterson Road is strong circumstantial evidence. So is the burned DVR, she says. They had it for one month, bought a 3-year warranty, then burned it?
CLOSING ARGUMENTS: Canepa says knowing that Jake had been in Dana's new house the week of the homicides (putting up a crib for Kylie) is strong circumstantial - they knew killer had to have been familiar with it because they had just moved in.
CLOSING ARGUMENTS: Canepa is discussing three forged documents - backdated. First, she calls "If I die before I wake, I want my child to go to Jake" document - as if Hanna signs on 12/24/2014 Both boys also sign one - giving custody to Angela. 3 weeks before murders.
CLOSING ARGUMENTS: Canepa moves on to direct evidence - testimony from Jake and Angela. Jury instructions will give them guidance on weighing it. She says Jake Wagner "gave us a lot of information" like location of weapons. "We know he is telling us the truth about something.”
CLOSING ARGUMENTS: Canepa says Jake and Angela's testimony "basically corroborate each other." She wasn't given - still hasn't been given - her son's testimony. Canepa: "I don't think we can take that lightly." Example was the shoe sizes that night.
CLOSING ARGUMENTS: Canepa references call from George to Angela in 2018 - he wants her to have best attorney so she stands best chance to beat the case & take care of the kids. "She had every opportunity to say 'I knew nothing about this.' But not what she did.”
CLOSING ARGUMENTS: Canepa says "the reason their stories are consistent - the reason they match - is that they finally told the truth." Counters Parker's line that this was "the deal of the century" for Jake. Notes he plead to all counts + victim family was consulted.
CLOSING ARGUMENTS: Canepa says Jake "didn't tell us what we wanted to hear ... We were wrong about the order victims were killed in, had no idea about the drug deal ruse.”
CLOSING ARGUMENTS: Canepa on Jake and Angela's believability: "Ask yourself: why would you say George was involved if George wasn’t involved?”
CLOSING ARGUMENTS: Canepa says Jake also asked prosecutors if part of the agreement could be that he could see his family and hug them one last time "before they went to prison for the rest of their lives." Prosecutors didn't agree to it.
CLOSING ARGUMENTS: Canepa says there were some differences in testimony from Jake and Angela versus George's testimony. "I got a whole lot of ‘I don’t remembers’ from George…"
CLOSING ARGUMENTS: Canepa says Jake puts George at the scene - and that he helped build the false truck bed, was supposed to shoot Chris Sr from a distance (per Billy) that night, wore shoes and ski mask.
CLOSING ARGUMENTS: Canepa is walking through the killings - George doesn't take the shot at Chris Sr so Billy kills him, then freaks out. She believes George and Jake move Chris's body - because Billy had hurt his back + shoeprints are in his blood.
CLOSING ARGUMENTS: Canepa says a size 11 shoeprint was also found in Dana's house - scene 3 - matching George. She says Jake testified that Billy and George were lookouts at that house while he killed Dana and Hanna May.
CLOSING ARGUMENTS: Canepa says Jake and Billy dropped George off at a pull off area before going to Kenneth's trailer on Left Fork Rd - picked him up after and then went home to destroy the evidence
CLOSING ARGUMENTS: Canepa describes the Wagners' "paranoia" - told each other to stop cooperating, not talk int he same room, not talk around cellphones, and they all had alibis for each other when interviewed at the border. "George participated in those types of conversations.”
CLOSING ARGUMENTS: Court is on recess for lunch until 1:30 p.m. Prosecution has gone nearly three hours for closing arguments- and is not yet done.
CLOSING ARGUMENTS: Jury is returning from lunch now - special prosecutor Angela Canepa will continue her closing arguments.
CLOSING ARGUMENTS: Canepa wraps on Jake and Angela's testimony - "they told the truth, as horrific and disgusting as the truth is." Now she moves to to George's testimony - "I would submit to you that you should weigh HIS testimony with grave suspicion.”
CLOSING ARGUMENTS: Canepa is raising issue with George's testimony in his own defense. Claims he had motive to lie on stand. Example, he calls Frankie his "best friend" but is on recording talking about how they had "drifted apart." Frankie is blocked on his FB
CLOSING ARGUMENTS: Canepa is poking holes at George's defense that he's been trying to get away from his family since he was 16 - "he's lying ... he can't be associated with them anymore because otherwise you might think he was part of the crime.”
CLOSING ARGUMENTS: Canepa says George also lied when agents interviewed him at the border. George told them his son goes to bed at 1230 - watched a fairy movie Sophia picked. Canepa calls it "the alibi lie.”
CLOSING ARGUMENT: Canepa says George lied on the stand - "the first pack of lies, I'll call 'I don't remember.’"
CLOSING ARGUMENTS: Canepa chuckles when she discusses George's story about the truck used the night of the murder. "Boy, is Angela a lucky guesser" that she got the story right without knowing Jake's testimony. George said he never saw the truck again.
CLOSING ARGUMENTS: Canepa says George admits to lying to BCI agents at the border, but says it wasn't to protect him or his family - but to protect Hanna and her family from the rumors on FB and Topix
CLOSING ARGUMENTS: Canepa says the biggest lie George told the jury was about the gun show at Westland Mall. There's a picture and proof of Jake buying the 1911 Walther Colt. George says he doesn't remember Jake being there. On recordings said they never owned one.
CLOSING ARGUMENTS: Canepa says she never heard George say during his testimony that he was mad at Jake for lying about his involvement. She says she likes to think that would be her first reaction - to which defense attorney Parker objects
CLOSING ARGUMENTS: Special prosecutor Canepa is going to go through all 22 charges with the jury now. Of note, addressing the issue of 3 murders (Dana, Chris Jr, Hanna) located in Scioto Co. Canepa notes it applies when "in a course of conduct.”
CLOSING ARGUMENTS: Canepa says she isn't saying Jake Wagner is a hero - "he's a despicable, vile human being if we can even call him that ... but the difference between him and his brother is that he came forward.”
CLOSING ARGUMENTS: Canepa quotes a recorded call between George and Jake - "I would say to you the family has spoken - Jake and Angela," Of note, Canepa's closing argument clocked in at about 4.5 hours.
CLOSING ARGUMENTS: Judge Deering will recess court for the day - George Wagner's defense team will start at 8:30 a.m. on Tuesday for their closing arguments.