WAVERLY – Motions regarding evidence collected in the largest murder investigation in Ohio history likely will begin being filed soon, providing a glimpse into the state’s case.
During the most recent round of pretrial hearings for the Wagner family accused of killing eight members of the Rhoden family in April 2016, a schedule was laid out for how the cases will proceed in the coming months. While the capital murder trial dates have yet to be set, it's safe to say they won't happen this year.
Prosecutors are still in the process of providing evidence, called discovery, to defense attorneys and have agreed to have all evidence turned over to the defense teams by June 1.
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Recently filed lists of evidence provided to Angela Wagner's attorneys indicate prosecutors may have shoe tread evidence. There are reports researching treads from several pairs of shoes including a pair of women’s “original S.W.A.T.” boots, and an apparent search for surveillance video of shoes bought at WalMart.
There's a list of 17 different WalMart locations apparently checked with images pulled from six stores — Chillicothe, Waverly, Heath, Newark, New Boston, and Coshocton where three of the images are from April 21, 2016 - the day before the Rhodens were found slain in their sleep.
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Investigators also searched the trash at a Jackson hotel on June 8, 2017 — the summer the Wagner family moved to Alaska where they lived until returning to Pike County last year.
There's also more than 80 reports from various phones and other electronics of the victims, the Wagners, as well as other Rhoden family members; 732 investigative reports; and more than 500 audio files of interviews.
George "Billy" Wagner III looks toward his family members as he enters the Pike County Common Pleas Court for his March 29, 2019, pretrial hearing.
JONA ISON/GAZETTE
Defense attorneys have agreed to file motions related to the evidence — which Judge Randy Deering refers to as substantive motions — by Sept. 1 and prosecutors must file responses to those motions by Sept. 16.
Meeting the September deadline means defense teams need to get through a terabyte of data of which they only have about half of right now, according to special prosecutor Angie Canepa.
If deadlines are met, then chances are good motions related to the evidence would be argued during a hearing like the procedural motions — which Deering refers to as non-substantive motions — which are set for September.
So far, the court has been slating appearances every other month meaning chances are decent hearings on substantive motions could take place in November, a full year after Angela Wagner, her husband George “Billy” Wagner III, and sons Edward “Jake” Wagner and George Wagner IV were secretly indicted on capital murder charges.
While the Wagner family grandmothers have summer trials slated on charges they lied to a grand jury, the very earliest any of the capital murder trials could be slated is the first quarter of 2020. Both women — Rita Newcomb and Fredericka Wagner — continue to be on house arrest. Fredericka Wagner unsuccessfully attempted to get her charges dismissed last month.
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Wagner Arraignments
Newcomb also is accused of forging custody documents relating to murder victim Hanna Rhoden’s daughter with Jake Wagner. Her attorneys have been provided with copies of declarations appointing guardianship in case of death for Hanna, Jake, and George Wagner – the evidence list filed in court doesn’t indicate whether the document was for the younger or elder George Wagner.
Angela, Billy, Jake, and George Wagner IV have all pleaded not guilty to nearly two dozen charges including eight aggravated murder charges for the shooting deaths of the mother of Jake Wagner's child, Hanna Rhoden, 19, her parents, Christopher Rhoden Sr., 40, and Dana Manley Rhoden, 37, and her brothers Christopher Rhoden Jr., 16, and Clarence "Frankie" Rhoden, 20.
Frankie Rhoden's fiancée, Hannah "Hazel" Gilley, 20, was also killed, along with the elder Christopher Rhoden's brother Kenneth Rhoden, 44, and cousin Gary Rhoden, 38.
What’s next?
Mid-April: Special prosecutor Angie Canepa and Fredericka Wagner’s attorney James Owen plan to hash out an agreement on what can and cannot be discussed with media.
April 30: Deadline to provide all evidence (called discovery) to attorneys for Rita Newcomb and Fredericka Wagner.
May 13: Edward "Jake" Wagner pretrial.
May 15: George “Billy” Wagner pretrial.
May 16: Angela Wagner pretrial.
May 23: George Wagner IV pretrial.
June 1: Deadline for prosecutors to provide all evidence to attorneys for Angela Wagner, George Wagner IV, and George “Billy” Wagner III.
June 14: Rita Newcomb pretrial.
June 26: Fredericka Wagner pretrial.
July 8 – July 11: Rita Newcomb’s trial.
July 29-Aug. 2: Fredericka Wagner’s trial.
Sept. 1: Deadline for defense attorneys for Angela Wagner and George “Billy” Wagner III to file substantive motions.
Sept. 16: Hearing on non-substantive motions in Angela Wagner’s case. Deadline for prosecutors to file written responses to substantive motions in her case.
Sept. 17: Hearing on non-substantive motions in George “Billy” Wagner III’s case. Deadline for prosecutors to file written responses to substantive motions in his case