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

[Merrygirl]

BBM. Perhaps that's what worried them. I'm not an expert, but maybe RN's attorneys are trying to find a way to make all the "tote" evidence inadmissible in court. Trying to find some technicality to get it tossed. JMO.

I was just reading the court docket for the upcoming trial. Well, from what I see (and IANAL) if I’m reading this correctly, it looks like Defense just gave their discovery requested by the state earlier and Defense just provided it on 11/13. To me it looks like Defense drug their feet until now so the state couldn’t have time to review then Defense claims they don’t want to extend the trial due to right to speedy trial. Seems underhanded to me. Jmo

 

[Merrygirl]

Yes and Jake had a birthday behind bars yesterday,

...and hopefully first of many in his lifetime.

 

[Myland]

What makes you think charges will be dropped? For what reason? The state has evidence of forgery. It's not difficult to prove, either forged signatures or documents that were notarized when the signatures were missing or faked.

They have computer evidence, the documents, etc. They also have recordings of RN's phone conversations with AW when she called from jail. Considering those have also been submitted as evidence, its likely those recordings also contain incriminating evidence.

Jmo but Gerlach stated one of the state’s witnesses said it was not Rita’s signature on the documents. Could he just be saying that? Yes he could, but if true that signature is not Rita’s as notary then case is done. One thing I believe is that each side have their own agenda in getting this done and until the evidence is shown in court I truly don’t know who to believe jmo

 

[Loomis124]

Ohio Blues, can you (or anyone else) please get us a copy of the Defendant's Discovery given to the State in the past few days? TIA

 

[Betty P]

So the state isn’t ready after all this time? Just get on with the cotton-picking thing would ya

Actually state been ready for quite a while. RN's attorneys just decided to play a cheap trick by requesting more evidence at the very last minute, forcing the prosecution to consider a delay while they review the defense request. As strategies go, the defense didn't have much to play with. An amateurish, transparent stalling tactic by the defense.

 

[Betty P]

Ohio Blues, can you (or anyone else) please get us a copy of the Defendant's Discovery given to the State in the past few days? TIA

I'll wager it's for something they're not entitled to (like evidence that pertains to the other Wagner cases) and the judge will rule against it. It's actually the defense who is trying to delay the start of the trial.

 

[Betty P]

Jmo I agree but the documents involved the attorney the state had already interviewed prior Jmo

Do you have a link? TIA

 

[Betty P]

Jmo Gerlach stated in his filings the state has a expert that stated Rita didn’t sign the papers? If true this is not good jmo

Do you have a link? TIA

 

[Johnny B Bad]

Jmo but Gerlach stated one of the state’s witnesses said it was not Rita’s signature on the documents. Could he just be saying that? Yes he could, but if true that signature is not Rita’s as notary then case is done. One thing I believe is that each side have their own agenda in getting this done and until the evidence is shown in court I truly don’t know who to believe jmo

So your saying that because the signature on the custody paperwork is not Rita’s, which I would say Angela planed that for away out, but the documents has her seal on it, there for if Rita gets on the wittiness stand and testifies she didn’t have anything to do with it, that would convict Angela, George and Jake of forgery because their names is on the custody paper and it is to the Wagners benefit, so Rita might hang the Wagners single handed, JMO
Remember her attorney don’t care about the Wagners he just wants to win.

 

[Betty P]

Never thought of that! I know they are going to try to jump through every loop hole they possibly can

That's the trick they used in FW's case - they kept trying to get evidence and GJ testimony thrown out. They've done the same in RN's case - trying to claim there was an imaginary man in uniform in the GJ hearings.

 

[Merrygirl]

Jmo Gerlach stated in his filings the state has a expert that stated Rita didn’t sign the papers? If true this is not good jmo

Maybe not, but if her stamp is on there (either in ink or copied) and she told them in GJ it was her signature then they still have a case cuz she allowed her stamper to be used by another (not secured) and claimed it to be her signature. JMOO& IANAL

 

[Betty P]

So your saying that because the signature on the custody paperwork is not Rita’s, which I would say Angela planed that for away out, but the documents has her seal on it, there for if Rita gets on the wittiness stand and testifies she didn’t have anything to do with it, that would convict Angela, George and Jake of forgery because their names is on the custody paper and it is to the Wagners benefit, so Rita might hang the Wagners single handed, JMO
Remember her attorney don’t care about the Wagners he just wants to win.

In that scenario, RN would still lose because she was the one who had to notarize the forged document. Law requires she witness the signature herself and ID the person signing.

I doubt that's the scenario, though. IIRC, there is already evidence from a handwriting expert. Gerlach had the state's evidence for months through discovery.

Why would he wait until the last minute to bring this up? Why didn't he address it in the pre-trial hearings? Because it's untrue, JMO. He's putting this out near the weekend before the trial begins. He wants the false rumors to spread around social media and the news media over the weekend before the state shuts them down next week. Tainting the jury pool.

 

[Myland]

Maybe not, but if her stamp is on there and she told them in GJ it was her signature then they still have a case cuz she allowed her stamper to be used by another (not secured) and claimed it to be her signature. JMOO& IANAL

Jmo that could be true also. I really would like to see it go to trial to see what the evidence really says not just what one side or the other say. Jmo

 

[Merrygirl]

Here is a Perditions, Charges will be dropped against Rita Newcomb and the state excuse will be the same as FW, We Got 6 Years We Can Refile,

I don’t think the state will take that long to recall her if they drop/refill charges to restart the timeline. They need to establish the documents as forged AND to establish the date pre-murder in order to get a premeditated & intentional motive if going for murder 1.

 

[Dudly]

Jmo another thing the state has a problem with is the defense calling Reader, his brother and slusher as witnesses. Now this may just be a defense tactics to call these three unless they did any of the interviews. Jmo but if Dailey was handling the custody case what could he possibly have to help defense and state not know about if they already interviewed him Jmo

The Prosecution only found out about the Defense calling those three as witnesses on the 13th. Prosecution was not given the opportunity to argue against them being called before a judge. The Defense is the one trying to muck things up...

 

[Dudly]

CC, I agree, but with all due respect, AC has requested reciprocal Discovery from the Defense on the last page of every Discovery document she gave them. This is Gerlach's delay tactic. IMO Hold off till giving any Discovery to the State until 3 days before the trial? And why didn't AC tell Judge Deering a long time ago that the State had not received any reciprocal Discovery? Maybe this is just what happens all the time? Heck, I don't know, but we're getting tired of "nothing," huh? All JMO

Defense added three witnesses they will subpena also without Prosecution knowing that or being able to argue against them in front of the judge.

 

[Betty P]

Defense added three witnesses they will subpena also without Prosecution knowing that or being able to argue against them in front of the judge.

The witnesses were listed last month. It was probably no surprise to the state that the defense would pull this trick

Here are the rest of the entries. No mention there of any information contained in the recent defense filings:

10/30/2019 SUBPOENA ISSUED TO SHERIFF OF PIKE COUNTY ON TERESA PARAMETER
10/30/2019 SUBPOENA ISSUED TO S A RYAN SCHEIDERER BCI, DETECTIVE SGT ALAN LEWIS, S A JON JENKINS, GINGER LAWLESS, REBECCA BARRETT, JAMES GORE BCI, JONATHAN ROBBINS, ALLISON DESANTIS, DANA FORNEY, JULIA EVESLAGE BCI, CORNELIUS MCGRADY, STEPHFAN MCDANIELS, AND JENNY COMISFORD BCI (WILL BE SERVED BY SPECIAL PROSECUTING ATTORNEY)
11/06/2019 PRECIPE FOR SUBPOENA UPON BRUCE DAILEY FILED
11/06/2019 SUBPOENA ISSUED TO BRUCE DAILEY BY PCSO
11/12/2019 SHERIFFS RETURN ON SUBPOENA -- THERESA PARMETER SERVED PERSONALLY 11/1/19
11/12/2019 JOURNAL ENTRY -- COURTROOM DECORUM ORDER -- For the protection of the rights of the parties to a fair trial and for the decorum of the within proceedings, upon the Court's own motion it is hereby ORDERED as follows: 1. Persons in the courtroom must remain silent during all proceedings. There shall 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 may threaten to influence the jurors and imperil the rights of the parties. 2. No signs, banners, buttons, clothing with messages, or other distracting, disruptive, or potentially improper or prejudicial material shall be allowed in the courtroom, the courthouse, the parking lot or grounds of the courthouse, or any other place where such displays can have a prejudicial impact on the jurors. 3. The atmosphere of the courtroom shall be free from emotional outbursts or other expressions that could be caused by the nature of the evidence and arguments in this action. Any person who does not control his/her emotions (especially, for example, during the presentation and discussion of any graphic evidence) shall not be permitted to stay in the court room. 4. Counsel and parties shall not make any public statements regarding this action unless the same are made on the record in open court.
11/13/2019 DEFEDANT RITA JO NEWCOMB'S FIRST SUPPLEMENTAL RESPONSE TO STATE'S REQUEST FOR DISCOVERY FILED COPIES FILED RETD TO COUNSEL
11/13/2019 DEFENDANT'S PROPOSED JURY VERDICT FORMS FILED COPIES FILED RETD TO COUNSEL
11/13/2019 DEFENDANT'S PROPOSED JURY INSTRUCTIONS FILED COPIES FILED RETD TO COUNSEL
11/14/2019 CERTIFICATE FOR COURT STENOGRAPHER FEE
11/14/2019 JOURNAL ENTRY -- THIS CAUSE CAME FOR STATUS CONFERENCE ON NOVEMBER 13, 2019 AT 3:30PM AT THE REQUEST OF THE STATE OF OHIO; A JURY TRIAL IS CURRENTLY SCHEDULED FOR MONDAY, NOVEMBER 18, 2019 AT 8:30AM; DURING THE CONFERENCE, THE STATE OF OHIO ORALLY REQUESTED THE JURY TRIAL BE CONTINUED FOR REASONS STATED ON THE RECORD; COUNSEL FOR THE DEFENDANT EXPRESSED THE DEFENDANT'S OBJECTION TO A CONTINUANCE OF THE TRIAL; IT IS THEREFORE ORDERED, THAT BEFORE NOVEMBER 14, 2019 AT 4:00PM, THE STATE OF OHIO SHALL SERVE AND FILE A WRITTEN MOTION REQUESTING THE CONTINUANCE OF THE JURY TRIAL, SETTING FORTH ALL REASONS WHY THE STATE FEELS THAT IT NEEDS A CONTINUANCE OF THE TRIAL; IT IS FURTHER ORDERED, THAT ON OR BEFORE NOVEMBER 14, 2019 AT 4:00PM THE DEFENDANT SHALL SERVE AND FILE A WRITTEN RESPONSE TO THE STATE OF OHIO'S REQUEST FOR CONTINUANCE OF THE TRIAL
11/14/2019 DEFENDANT'S MEMORANDUM CONTRA TO THE STATE OF OHIO'S MOTION TO CONTINUE THE JURY TRIAL SCHEDULE FOR NOVEMBER 18, 2019, WHICH IS DUE TO BE FILED BY STATE OF OHIO BY THE END OF THE BUSINESS DAY ON NOVEMBER 14, 2019 FILED COPIES FILED RETD TO COUNSEL
11/14/2019 MOTION AND MEMORANDUM TO CONTINUE JURY TRIAL SET FOR NOVEMBER 18, 2019 FILED Attorney: CANEPA, ANGELA R

https://pikecountycpcourt.org/eserv...9Jobw1xgznNJDMBDtAh4lL3ZHu8yY1c8zb8PXhP3WOCsA

@Myland can you show us where is the information about the state's case and the defense allegations you mentioned? TIA.

 

[Loomis124]

Pretty sure that means the victims families don'r wear any type of clothing that mentions justice for the victims

And sure it is also telling Robin Wagner not to write messages on her pants or show up with them already written on. JMO

 

[Merrygirl]

What makes you think charges will be dropped? For what reason? The state has evidence of forgery. It's not difficult to prove, either forged signatures or documents that were notarized when the signatures were missing or faked.

They have computer evidence, the documents, etc. They also have recordings of RN's phone conversations with AW when she called from jail. Considering those have also been submitted as evidence, its likely those recordings also contain incriminating evidence.

‘Also, RN testified it was her signatures so she ALSO has other charges that I’m sure will not be dropped. If so then only temporarily to restart a new timeline.

 

[Betty P]

Where it stands is the State filed a Motion to continue (postpone) the trial and the defense filed a Memorandum Contra which is an
explanation to the court of why the Stare's Motion should be denied.

Rita wants to go to trial Monday but the prosecution isn't ready and wants to delay it.

Hopefully Judge Deering will rule on this tomorrow. He has to. Tomorrow, Friday, is the last business day before the trial Monday.

11/14/2019 MOTION AND MEMORANDUM TO CONTINUE JURY TRIAL SET FOR NOVEMBER 18, 2019 FILED Attorney: CANEPA, ANGELA R

11/14/2019 DEFENDANT'S MEMORANDUM CONTRA TO THE STATE OF OHIO'S MOTION TO CONTINUE THE JURY TRIAL SCHEDULE FOR NOVEMBER 18, 2019,

He will probably rule in favor of the state, JMO. The defense dumped a lot of stuff on the state in the last few days. They did so intending to delay the trial. Judge Deering has probably seen this tactic before, he may not be kind to the defense's last minute tricks.

Can you imagine the yelling and screaming from defense if the state had tried to pull the same trick on them?