OH Pike County: 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested#49

[MittenScarpetta]

That's only the State's Supplemental Discovery. They all have that. The question was if anyone has seen the defense giving their discovery to the prosecution.

That type of discovery is only on the docket for Fred and Rita. Evidently, the defense's witnesses and other evidence they plan to use, must be turned over to prosecutors. However, I am really not sure about this. I will have to research into--what does the defense have to turn over?

The defense has to turn over their expert witness lists, I believe. And that very well could be the reason three pieces of evidence were sealed in JW’s case after his pretrial hearing last week.

 

[Cool Cats]

The defense has to turn over their expert witness lists, I believe. And that very well could be the reason three pieces of evidence were sealed in JW’s case after his pretrial hearing last week.

06/10/2019 JOURNAL ENTRY ORDERING FILING UNDER SEAL -- THE ENVELOPE TO WHICH THIS JOURNAL ENTRY IS ATTACHED CONTAINS 3 MOTIONS AND 3 JOURNAL ENTRIES FILED UNDER SEAL WITH THE JUDGE OF THIS COURT ON THIS 10TH DAY OF JUNE, 2019; THE CLERK OF COURTS SHALL HOLD THE CONTENTS OF THE ENVELOPE UNDER SEAL, AND THAT THE ENVELOPE SHALL NOT BE OPENED, AND THE CONTENTS OF THE ENVELOPE SHALL NOT BE DISCLOSED, EXCEPT UPON ORDER OF THIS COURT OR UPON THE ORDER OF A COURT OF JURISDICTION SUPERIOR TO THIS COURT

It shows 3 Motions and 3 Journal Entries are under seal. And yes, there could be expert witnesses listed or references to them, It's anyone's guess at this point.

Here is the reason why Motions go under seal:

Case(s):
U.S. v. Home City Ice Co.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

MOTION TO FILE UNDER SEAL

For the reasons stated below, the United States requests that the Court enter an order requiring the Information and all other papers, including this motion and order, in this case be filed under seal so that the existence of these documents will not be made public until the defendant appears in Court to enter its plea.

 

[FrescaandSouthernComfort]

The defense has to turn over their expert witness lists, I believe. And that very well could be the reason three pieces of evidence were sealed in JW’s case after his pretrial hearing last week.

The under seal is probably due to the funding being approved for the expert witness expenses.

 

[FrescaandSouthernComfort]

06/10/2019 JOURNAL ENTRY ORDERING FILING UNDER SEAL -- THE ENVELOPE TO WHICH THIS JOURNAL ENTRY IS ATTACHED CONTAINS 3 MOTIONS AND 3 JOURNAL ENTRIES FILED UNDER SEAL WITH THE JUDGE OF THIS COURT ON THIS 10TH DAY OF JUNE, 2019; THE CLERK OF COURTS SHALL HOLD THE CONTENTS OF THE ENVELOPE UNDER SEAL, AND THAT THE ENVELOPE SHALL NOT BE OPENED, AND THE CONTENTS OF THE ENVELOPE SHALL NOT BE DISCLOSED, EXCEPT UPON ORDER OF THIS COURT OR UPON THE ORDER OF A COURT OF JURISDICTION SUPERIOR TO THIS COURT

It shows 3 Motions and 3 Journal Entries are under seal. And yes, there could be expert witnesses listed or references to them, It's anyone's guess at this point.

Here is the reason why Motions go under seal:

Case(s):
U.S. v. Home City Ice Co.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

MOTION TO FILE UNDER SEAL

For the reasons stated below, the United States requests that the Court enter an order requiring the Information and all other papers, including this motion and order, in this case be filed under seal so that the existence of these documents will not be made public until the defendant appears in Court to enter its plea.

JMO, but I do believe you are confused. U.S. v. Home City Ice was an antitrust issue.
The death penalty was not involved. The defendants entered their pleas at their
arraignments. The unsealing will be happening when and only after Judge Randy Deering's
decision is made regarding the motion.

 

[Loomis124]

Rita and Fred have, but I didn't see that on the Wagner 4's Dockets.

06/10/2019 DEFENDANT RITA JO NEWCOMB'S RESPONSE TO STATE'S REQUEST FOR DISCOVERY FILED Attorney: GERLACH, FRANKLIN T

05/15/2019 DEFENDANT'S (Fredericka Wagner) RESPONSE TO STATE'S REQUEST FOR DISCOVERY FILED COPIES FILED RETD TO COUNSEL
_______________________________________________________________

Is Motion 40 about mental health testimony to avoid the death penalty? I wonder if this is standard, or if it pertains specifically to Angela's mental state during 2015 -2016?

12/14/2018 (40) DEFENDANT'S (Angela) MOTION IN LIMINE REGARDING EVIDENCE AND ARGUMENTS RELATED TO ANY "MENTAL HEALTH" EVIDENCE PRESENTED IN MITIGATION FILED

This Motion 22 ensures that the families/friends/supporters do not wear any clothing that mentions the Rhodens or Hannah Gilley, no clothing with messages, no signs, buttons, banners etc...And that no one talks or signals in any way their approval or disapproval towards the court proceedings, such as shaking your head or gesturing, or emotional outbursts, loud sighs, or other noises etc...

4/2018 (22) DEFENDANT'S (Angela) MOTION FOR A COURTROOM DECORUM ORDER TO ENSURE A FAIR TRIAL FILED

Family support: https://www.gannett-cdn.com/presto/2018/11/28

Family support: https://www.gannett-cdn.com/presto/2018/11/27

Weren't these photos taken at first arraignments?

 

[Loomis124]

Rita and Fred have, but I didn't see that on the Wagner 4's Dockets.

06/10/2019 DEFENDANT RITA JO NEWCOMB'S RESPONSE TO STATE'S REQUEST FOR DISCOVERY FILED Attorney: GERLACH, FRANKLIN T

05/15/2019 DEFENDANT'S (Fredericka Wagner) RESPONSE TO STATE'S REQUEST FOR DISCOVERY FILED COPIES FILED RETD TO COUNSEL
_______________________________________________________________

Is Motion 40 about mental health testimony to avoid the death penalty? I wonder if this is standard, or if it pertains specifically to Angela's mental state during 2015 -2016?

12/14/2018 (40) DEFENDANT'S (Angela) MOTION IN LIMINE REGARDING EVIDENCE AND ARGUMENTS RELATED TO ANY "MENTAL HEALTH" EVIDENCE PRESENTED IN MITIGATION FILED

This Motion 22 ensures that the families/friends/supporters do not wear any clothing that mentions the Rhodens or Hannah Gilley, no clothing with messages, no signs, buttons, banners etc...And that no one talks or signals in any way their approval or disapproval towards the court proceedings, such as shaking your head or gesturing, or emotional outbursts, loud sighs, or other noises etc...

4/2018 (22) DEFENDANT'S (Angela) MOTION FOR A COURTROOM DECORUM ORDER TO ENSURE A FAIR TRIAL FILED

Family support: https://www.gannett-cdn.com/presto/2018/11/28

Family support: https://www.gannett-cdn.com/presto/2018/11/27

FW and RN shake their heads all the time during their proceedings. JS

 

[Betty P]

Weren't these photos taken at first arraignments?

Yes, they were taken around that time. Then defendants filed those motions.

 

[Cool Cats]

JMO, but I do believe you are confused. U.S. v. Home City Ice was an antitrust issue.
The death penalty was not involved. The defendants entered their pleas at their
arraignments. The unsealing will be happening when and only after Judge Randy Deering's
decision is made regarding the motion.

I was giving an example with one case, but it's apples and oranges, it applies to all Cases.

MOTIONS AND JOURNALS AND OTHER INFORMATION ARE SEALED WHENEVER THE COURT WANTS TO KEEP IT AWAY FROM THE PUBLIC.

AND WILL BE UNSEALED WHEN THE COURT DECIDES.
Jake's documents could be unsealed before, during or after trial, or not at all.

Regardless of why, regardless of when, regardless of how it's initiated, regardless of the type of Case, sealing of Motions and other information is to keep this sealed information off the Court Docket (for all to see) and out of the Media, thus out of the public domain.

wiseGEEK
clear answers for common questions

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public.

 

[Loomis124]

AW's Motion #40 explained in detail:

https://www.opd.ohio.gov/Portals/0/MotionsManual/SecondPhase/4 MitigationB3_B7Issues.doc

 

[Betty P]

AW's Motion #40 explained in detail:

https://www.opd.ohio.gov/Portals/0/MotionsManual/SecondPhase/4 MitigationB3_B7Issues.doc

Agree, this is most likely. Several weeks ago, someone posted links to a couple of legal articles that described all the standard procedures attorneys follow in DP cases. There are certain motions they habitually file and procedures they follow to ensure DP defendants are properly represented. IIRC, this is one of them.

OPD > Appellate Services > Death Penalty Department > Motions Manual

Click on each heading for boilerplate language attorneys use

 

[Loomis124]

Agree, this is most likely. Several weeks ago, someone posted links to a couple of legal articles that described all the standard procedures attorneys follow in DP cases. There are certain motions they habitually file and procedures they follow to ensure DP defendants are properly represented. IIRC, this is one of them.

OPD > Appellate Services > Death Penalty Department > Motions Manual

Click on each heading for boilerplate language attorneys use

Yes, it is, Betty. I have posted this link several times. However, all one has to do is Google the exact motion name/description as posted in the journal entry of the court. Any motion can be googled for a definition. JMO

 

[Cool Cats]

AW's Motion #40 explained in detail:

https://www.opd.ohio.gov/Portals/0/MotionsManual/SecondPhase/4 MitigationB3_B7Issues.doc

DEFENDANTS MOTION IN LIMINE REGARDING EVIDENCE
AND ARGUMENTS RELATED TO ANY MENTAL HEALTH
EVIDENCE PRESENTED IN MITIGATION

Interesting. What I'm getting out of it is that if Angela is convicted and goes on to her next trial (2 trials in death penalty cases)
Guilt Phase Trial and
Penalty Phase Trial

....the defense can present all factors relating to her mental health from any time in her life up to and including during the commission of the crimes.
The Jury is allowed to weigh these factors of her mental health, considered Mitigating Factors.

A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. In the United States, the issue of mitigating factors is most important in death penalty cases.

Ohio prosecutors have had the tendency to down play these mental health mitigating factors by telling the jurors that they don't count, they don't matter because the defendant was not insane while committing the crime and the defendant was competent to stand trial.

But this Motion makes it so the prosecution cannot do that, otherwise the defendant is not getting a fair trial.

GW3's attorney already put it out in the media that basically George was not capable of masterminding the murders due to his having a mere 7th grade education. If he goes to a penalty phase trial it wouldn't surprise me if his intelligence and education are used as mitigating factors, of which his attorneys will want the Jury to consider.

A good example of this is a defendant getting LWOP instead of the death penalty because he/she was severely abused as a child and suffers mental health issues because of it. The prosecution cannot down play this or tell the jury it's not relevant even though the defendant was not insane and knew right from wrong while committing the crime and even though the defendant was deemed competent to stand trial.

 

[Cool Cats]

(40)Is it possible the “mental health” of G4’s ex is linked in some way to AW? G4 had just filed for the evaluation just before the arrests? Wonder if his ex could have information that could be used against AW—like things AW may have done to the ex to make her appear unstable? JMO

Yes. Angela's ex daughter-in-law could be called as a witness if her testimony is relevant but It could go 2 ways. Say the prosecution has her testifying against Angela but then on cross examination the defense gets her to admit to Angela's good side, like how Angela helped her out with #1 #2 #3 etc.....

Well the Jury would have to sort that all out!

 

[rootbeer]

I don't see that George 3rd 7th grade education is any excuse, my dad only finished 8th grade and had good paying jobs all his life (yea I a old), unless he is saying is IQ is low but I think he had plenty street smarts and plenty hunting skills. Angela or one of the boys would have been the planners,and hackers. George knows hunting and stealth. jmo Angela may have won Mother of the year (not) but that doesn't make her not quilty IMO

 

[Betty P]

I don't see that George 3rd 7th grade education is any excuse, my dad only finished 8th grade and had good paying jobs all his life (yea I a old), unless he is saying is IQ is low but I think he had plenty street smarts and plenty hunting skills. Angela or one of the boys would have been the planners,and hackers. George knows hunting and stealth. jmo Angela may have won Mother of the year (not) but that doesn't make her not quilty IMO

Agree, I don't think that will sway a jury in his favor. There's likely already quite a bit of evidence against him. It's obvious from family photos that GW3 has done a lot of hunting, along with his sons. State won't have any difficulty convincing a jury that all 3 had the experience and skills to stalk and murder 8 innocent people in their beds. Angela posting cute photos of her farm critters for sale on social media while the ambulances carried an entire family she helped wipe out to the cemetery.

Nor will it work as a mitigating factor.

As for Angela, no jury is going to find sympathy for her. She was a "mother" and "grandmother" who helped plot and carry out the murders of 8 innocent people while their infant children lay in their arms, covered in their parents blood. Left for hours, crying and screaming with their dead parent's bodies.

JMO, Angela is a stone-cold narcissistic sociopath. It will be an uphill battle for any attorney to get a jury to feel sympathy for her when she felt none for those parents and babies. When she plotted for months, like a good multi-tasking caretaker of her household, managing every little detail to organize a brutal massacre of her former friends.

Her attorneys will need a lot of luck after the jury sees those photos of the 8 victims, the blood-covered infants and the modest homes turned into charnel houses on Union Hill Rd.

Organized. Cold. Calculating. Deceitful. Efficient.

All JMO

 

[Betty P]

Agree, I don't think that will sway a jury in his favor. There's likely already quite a bit of evidence against him. It's obvious from family photos that GW3 has done a lot of hunting, along with his sons. State won't have any difficulty convincing a jury that all 3 had the experience and skills to stalk and murder 8 innocent people in their beds. Angela posting cute photos of her farm critters for sale on social media while the ambulances carried an entire family she helped wipe out to the cemetery.

Nor will it work as a mitigating factor.

As for Angela, no jury is going to find sympathy for her. She was a "mother" and "grandmother" who helped plot and carry out the murders of 8 innocent people while their infant children lay in their arms, covered in their parents blood. Left for hours, crying and screaming with their dead parent's bodies.

JMO, Angela is a stone-cold narcissistic sociopath. It will be an uphill battle for any attorney to get a jury to feel sympathy for her when she felt none for those parents and babies. When she plotted for months, like a good multi-tasking caretaker of her household, managing every little detail to organize a brutal massacre of her former friends.

Her attorneys will need a lot of luck after the jury sees those photos of the 8 victims, the blood-covered infants and the modest homes turned into charnel houses on Union Hill Rd.

Organized. Cold. Calculating. Deceitful. Efficient.

All JMO

In the event anyone needs a link for the above, Angela Wagner's indictment begins on page 14 of the linked PDF:

https://www.ohioattorneygeneral.gov...cial-Prosecutions/PikeCountyMurderIndictments

'I picked up daddy's hand, and it just fell,' said 3-year-old after he found murdered father

Pike County: 'I was not leaving those babies in there'

Why Jake Wagner And Hanna Rhoden's Relationship Could Be Key To The Pike County Murders

2 Years Later, 4 Family Members Arrested In Gruesome Ohio Killings

Mother of 3-year-old who survived Pike County shootings learns to adjust

Of course, AW is innocent until proven guilty, but like AG DeWine, I believe she is guilty. JMO

The four are charged with planning and carrying out the killings are: George "Billy" Wagner III, 47, Angela Wagner, 48, George Wagner IV, 27, and Edward "Jake" Wagner, 26.

All four are charged with a litany of crimes including aggravated murder with a death penalty specification.

"These four are now in custody for allegedly committing this heartless, ruthless, cold-blooded murder," DeWine said Tuesday afternoon.

"We have absolutely no evidence that anyone else was involved," DeWine says. "The people who did it are in custody."

 

[Betty P]

FW and RN shake their heads all the time during their proceedings. JS

JMO they're unhappy about their situations, probably saying "how did I let myself get into this mess". The evidence against both seems pretty solid. Neither one will end up spending decades in prison. Upon conviction or plea bargain, I'm guessing neither will receive a heavy duty sentence, so they really should feel somewhat relieved that the charges weren't more serious.

JMO, Fred Wagner may have known more about the murders at the time they happened. Perhaps AG DeWine felt it more important to focus on the shooters that night (Angela, Billy and their spawn GW4 and JW) . If so, as a strategy, it makes sense. Better to focus on the defendants who committed the most heinous, bloodthirsty crimes and who have the most evidence against them.

But there's little doubt the prosecution will have solid evidence against Fred Wagner and Rita Jo Newcom.

 

[Betty P]

Latest news from the Chillicothe Gazette

New trial date set for grandma in Rhoden murder case

Rita Newcomb is facing charges she altered custody documents of the child her grandson Jake Wagner had with one of the murder victim, Hanna Rhoden. During a Friday pretrial hearing, Newcomb waived her right to a speedy trial which led to her four-day trial being rescheduled to begin Oct. 21.

Newcomb's attorney Frank Gerlach filed a supplemental motion on June 10 to compel prosecutors to provide further discovery, or evidence, in the case. If the two sides cannot come to an agreement on discovery by July 15, there will be a hearing on the motion during Newcomb's next pretrial at 1:30 p.m. July 25, Pike County Common Pleas Judge Randy Deering said in court.

 

[Betty P]

Catching up on some of the news coverage this week. Here's an article about GW4's trial now scheduled for Sept. 4

Pike County massacre: First trial date in the massacre of 8 in family

His trial date was set Monday. Attorneys said his trial is expected to run through the month of October. All four attorneys along with the judge agreed to a Friday deadline to turn over files associated with the case, Fox19 reported.

The attorneys also agreed upon July 24 as the next date for a pre-trial hearing and also discussed making that the deadline for any and all motion requests.

In March, defense attorneys for Wagner said there will be no DNA evidence presented against him.

His attorney Charles Knight had filed a motion requesting discovery relating to receiving any DNA evidence against his client but dropped the motion after learning from special prosecutor Angie Canepa there wasn't any to disclose.

 

[Loomis124]

Agree, I don't think that will sway a jury in his favor. There's likely already quite a bit of evidence against him. It's obvious from family photos that GW3 has done a lot of hunting, along with his sons. State won't have any difficulty convincing a jury that all 3 had the experience and skills to stalk and murder 8 innocent people in their beds. Angela posting cute photos of her farm critters for sale on social media while the ambulances carried an entire family she helped wipe out to the cemetery.

Nor will it work as a mitigating factor.

As for Angela, no jury is going to find sympathy for her. She was a "mother" and "grandmother" who helped plot and carry out the murders of 8 innocent people while their infant children lay in their arms, covered in their parents blood. Left for hours, crying and screaming with their dead parent's bodies.

JMO, Angela is a stone-cold narcissistic sociopath. It will be an uphill battle for any attorney to get a jury to feel sympathy for her when she felt none for those parents and babies. When she plotted for months, like a good multi-tasking caretaker of her household, managing every little detail to organize a brutal massacre of her former friends.

Her attorneys will need a lot of luck after the jury sees those photos of the 8 victims, the blood-covered infants and the modest homes turned into charnel houses on Union Hill Rd.

Organized. Cold. Calculating. Deceitful. Efficient.

All JMO

Perfect analysis, Betty!!