......FREDERICKA WAGNER'S ATTORNEYS GIVE ARGUMENTS FOR DISMISSAL.....
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In Friday’s filing to dismiss, Wagner’s attorneys state “the sole basis for both the obstruction of justice charge (Count 1) and the perjury charge (Count 2) was Frederica’s July 24, 2018, testimony to a Pike County investigative grand jury.”
According to the dismissal motion, Wagner testified she personally purchased two bulletproof vests taken as evidence from her house by agents of the OhioFace of Criminal Investigation (BCI.) However, the defense states Wagner testified she purchased the two bulletproof vests after the Rhoden homicides. The filing also talks about Wagner being confused as to where she purchased the bulletproof vests.
“Dismissal is sought because… prosecutors made several false assumptions about the bulletproof vests, and then presented erroneous information to the indicting grand jury,” the dismissal paperwork reads in part. “The irrefutable facts known by both the state and the defense do not support a violation of the obstructing justice and perjury statutes.”
Friday’s filing goes on to argue prosecutors falsely believe the bulletproof vests were purchased prior to the Rhoden homicides.
“Both sides now know that is not true. They were in fact purchased on May 7, 2016, 15 days after the date of the Rhoden homicides.”
Lastly, the defense claims prosecutors falsely believed Wagner did not purchase the vests online.
“Once again the irrefutable evidence now proves that she did, although she bought them from eBay not Amazon.” During her grand jury testimony, prosecutors say a confused Wagner did state she purchased the vests on Amazon.
It is not clear from filings what importance has been placed on from where Wagner purchased the bulletproof vests. The defense team claims the motive for the purchase of the vests actually came from Pike County Sheriff Charles Reader following the Rhoden homicides.
“Mass hysteria ensued in the days following the discovery of the killings, culminating with the church press conference by (Reader) on Sunday, April 24 where he warned the citizens of Pike County to ‘arm yourself’… On May 7, 2016, Frederica, then age 74, took the Sheriff’s advice and bought two bulletproof vests online from eBay.”
The defense filing goes on to say Wagner believed she had reason to fear for her family’s safety because of their close relationship with several Rhoden family members.
"................Little evidence directly related to the murders likely is to be presented during the (current) pretrials, but there are numerous issues which should or could be settled in the next month or so, in addition to Frederica Wagner’s filing to dismiss all charges. One other significant issue could be decided Wednesday, namely a request by the defense for Angela Wagner for change of venue moving her trial out of Pike County.
FULL ARTICLE HERE.......
Rhoden drama moves forward as one suspect seeks dismissal of all charges - Portsmouth Daily Times