OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

[Betty P]

I've been looking into secret code, especially in light of the fact that AW and RN discussed it in their illegal phone conversations. The results are alarming. An example:

https://www.charlotteobserver.com/news/local/crime/article152334207.html

It sounds like prison is a rather boring place much of the time, with few distractions. It gives inmates plenty of time to sit around and plot schemes. JMO

 

[Freddy AD]

All of these formalities are extremely annoying to me, and I am sure very anguishing to the victims families. These tactics by the W’s lawyers will not stop. Just wait until they finally make it to jury selections for 4 different murder suspects. In that small of an area. Imagine the motions upon motions that will be filed, the slow defense teams stalling at every possible opportunity. I realize how the laws are set up. But at some point enough is enough. Give the lawyers the chance to prove guilt.

 

[Cool Cats]

IIRC, Judge Deering ruled on that last spring. Glad they're showing spirit and a nice tribute to CR1, but he'll probably not allow it during the trial.

It's a standard Motion all 4 will have, this one is from Angie's Motions. Last spring if the Judge ruled in the affirmative on this Motion, then it applies to the trial, not court hearings.

12/14/2018 (22) DEFENDANT'S MOTION FOR A COURTROOM DECORUM ORDER TO ENSURE A FAIR TRIAL FILED Attorney: KRAPENC, ROBERT F

DEFINITION:

Defendant respectfully moves this Court to issue a Courtroom Decorum Order to protect Defendants rights to a fair trial.

1. Persons in the courtroom must remain silent during all proceedings. There should be no talking, shaking of heads in approval or disapproval of any statements, actions, rulings, testimony, or proceedings; or any other signals of approval or disapproval of the proceedings. Such displays threaten to influence the jurors and imperil Defendants rights.

2. No signs, banners, buttons, clothing with messages or other distracting, disruptive, or potentially improperly prejudicial material should be allowed in the courtroom, the courthouse, or any other place where such displays could have a prejudicial impact on the jurors.

3. The atmosphere of the courtroom should be free from emotional outbursts or other expressions that could be caused by the nature of the evidence and arguments in this case. Any persons unable to control their emotions (especially, for example, during the presentation and discussion of graphic evidence) should not be permitted to stay in the courtroom.

 

[Betty P]

As I'm going back over each of these so this stuff stays fresh in my mind the link for the map doesn't work. To any people visit the map and it's asking to be upgraded. Is there away around this? Say every so often one of us create said map so we have a working map?

Yes, there's a time limit on how long posts can be edited here at WS, so probably best to add a new post with new links and updated information. There's a newer Case Summary and Timeline on Page 1 of the previous thread, #50.

 

[Cool Cats]

WAGNER, IV, GEORGE WASHINGTON

09/20/2019 09:30 AM MOTION HEARING

09/03/2019 MOTION NO. 50: DEFENDANT'S MOTION TO INSTRUCT THE JURORS THAT THEY MAY CONSIDER RESIDUAL DOUBT AS A MITIGATING FACTOR FILED

09/16/2019 STATE'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO INSTRUCT THE JUROR THAT THEY MAY CONSIDER RESIDUAL DOUBT AS A MITIGATING FACTOR (MOTION 50) FILED

Residual doubt was the most significant reason jurors voted for life sentences.8

I. residual doubt and jury votes for life
At first blush, the idea of residual doubt may seem counterintuitive. By the time a capital defendant reaches sentencing, the jury has found him guilty beyond a reasonable doubt. What role could lingering doubts play in choosing between life and death?

As the Supreme Court has explained, the “beyond a reasonable doubt” standard does not require the elimination of all doubt. Instead, it represents an evidentiary threshold that leaves the jurors firmly convinced of guilt. “Residual doubt” refers to “a state of mind that exists somewhere between ‘beyond a reasonable doubt’ and ‘absolute certainty.’”7

The reported experiences of capital jurors reveal that this space between reasonable doubt and no doubt at all plays a pivotal role in sentencing decisions.

Innocence and Override

 

[Sillybilly]

Not wise to ignore admonitions by WS staff:

Please move on from discussing the writing on RW's pants. She is not the accused. Unless you find a message to the effect "there's a file in the cake" ... leave her out of the discussion.

Thanks.

 

[Cool Cats]

Not wise to ignore admonitions by WS staff:

Agree.

Is it OK to reference people in the gallery?
Such as "Fredericka and Robin Wagner were in court today during Billy's hearing."

Or, to reference them not being in the gallery?
"No Wagner family members were in attendance at Jake's hearing."

Thanks sillybilly

 

[Sillybilly]

Agree.

Is it OK to reference people in the gallery?
Such as "Fredericka and Robin Wagner were in court today during Billy's hearing."

Or, to reference them not being in the gallery?
"No Wagner family members were in attendance at Jake's hearing."

Thanks sillybilly

Oh sure, that's fine Cool Cats. Just no disparaging remarks or discussion about individuals who are not accused in any way in this case.

 

[Cool Cats]

Oh sure, that's fine Cool Cats. Just no disparaging remarks or discussion about individuals who are not accused in any way in this case.

Thank you!

 

[TheRevWells]

what really makes me shake my head is the motion to try and bar any of the photos of the deceased - smh. im glad the judge ordered no phone or mail for Angela while she is in jail due to her breaking an order from the judge - smh

 

[Cool Cats]

what really makes me shake my head is the motion to try and bar any of the photos of the deceased - smh

I remember that quite vividly also. Angela Canepa did not agree to that Motion of course. She said some photos will be shown and she wants to do it as it comes up.

I mean...
like showing the defense the photos when she's ready to show the Jury and the defense can have some say. She said there are photos of the victims at the crime scenes, I got the impression she wants to show those to the Jury. I can transcribe that part if anyone wants. Just my impression.

Of course it's up to Judge Deering whether or not he will grant this Motion, but in my opinion, no way will he grant it.

 

[OhioBlues]

Judge suspends Angela Wagner's jail phone, mail privileges

"Per outlined in our motion, there are multiple reasons why autopsy photos or other photos that might be graphic in nature would be presented to the jury,” Canepa said.

Canepa and Krapenc said they would likely discuss which photos would be shown to the jury and Deering could decide which ones can be presented.

 

[TheRevWells]

Judge suspends Angela Wagner's jail phone, mail privileges

"Per outlined in our motion, there are multiple reasons why autopsy photos or other photos that might be graphic in nature would be presented to the jury,” Canepa said.

Canepa and Krapenc said they would likely discuss which photos would be shown to the jury and Deering could decide which ones can be presented.

its crazy to think that even some pictures could not be shown. i think all should be shown. they are part of the evidence and the jury has a right to see all of the evidence. i would not want to be on that jury at all

 

[Sleuthinsleuther]

its crazy to think that even some pictures could not be shown. i think all should be shown. they are part of the evidence and the jury has a right to see all of the evidence. i would not want to be on that jury at all

Photos shouldn’t be showed at trial, how does that show who done it?

 

[buttonbaby]

Photos shouldn’t be showed at trial, how does that show who done it?

I completely disagree... these photos will really hit it home just how close up and personal these murders were. Goes hand in hand with the motive being a VERY personal one, full of and overflowing with anger and rage... an entire family killed by another family, just because they didn't get their way.

 

[Loomis124]

Photos shouldn’t be showed at trial, how does that show who done it?

Photos are relevant evidence and always shown at trials. JMO

 

[Loomis124]

I completely disagree... these photos will really hit it home just how close up and personal these murders were. Goes hand in hand with the motive being a VERY personal one, full of and overflowing with anger and rage... an entire family killed by another family, just because they didn't get their way.

Great analysis! I totally agree!

 

[Loomis124]

GW4 up tomorrow! It's nice to have all 4 hearings in the same week! JMO

 

[Betty P]

I remember that quite vividly also. Angela Canepa did not agree to that Motion of course. She said some photos will be shown and she wants to do it as it comes up.

I mean...
like showing the defense the photos when she's ready to show the Jury and the defense can have some say. She said there are photos of the victims at the crime scenes, I got the impression she wants to show those to the Jury. I can transcribe that part if anyone wants. Just my impression.

Of course it's up to Judge Deering whether or not he will grant this Motion, but in my opinion, no way will he grant it.

Showing photos of victims and crime scenes to the jurors is something done in every murder trial. That's pretty bold of the defense to preemptively claim they shouldn't be shown.

I agree with the comment above - photos of the victims are necessary to show the rage and brutality of the people who committed these murders. I have a feeling the defense is also very concerned about photos of the babies and toddler who were left in the midst of the carnage. The jurors will understand those little ones were treated by the killers in the most cruel manner imaginable.

JMO

 

[Cool Cats]

Showing photos of victims and crime scenes to the jurors is something done in every murder trial. That's pretty bold of the defense to preemptively claim they shouldn't be shown.

I agree with the comment above - photos of the victims are necessary to show the rage and brutality of the people who committed these murders. I have a feeling the defense is also very concerned about photos of the babies and toddler who were left in the midst of the carnage. The jurors will understand those little ones were treated by the killers in the most cruel manner imaginable.

JMO

Edward Jacob Wagner
IDENTIFICATION OF DISCOVERY PROVIDED
DECEMBER 20, 2018

Photos of Rouger Rhoden at the Hospital (4/22/16) (23 photos)

You are so right Betty! 23 photos of this sweet innocent little 6 month old boy...there is nothing more to say .....

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