OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #58

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altojack said:
Rhoden Family Massacre Live Stream
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Thanks altojack! Not familiar with that site, but they have a nice summary of the case.

Looks like they still have the room/camera configuration from the last time. They probably moved things around to reduce COVID 19 risk. Defense and prosecution are facing each other.

Visitors are coming in.
 
Jake is in the court room, here comes Judge Deering

Judge said something about having problems with transporting prisoner, he's in street clothes.

Last pretrial Sept 21, several motions were mentioned
Defense wanted 47 and 48 motions continued to Oct. then continued to today.
47 inlimine admissability of ballistics
48 inlimine admissability of shoeprint evidence

Defense asks delay of adjudication of those motions. Schedule between now and trial date. Won't pick dates today, anticipate scheduling before end of year for motions and a trial date.

Person who assigns cases not here, will schedule an all day hearing date for pretrial and motions and trial.

Absence of court staff, AC says. State position is they're not entitled to a hearing on Motions 47 and 48.

By end of this year, dates will be in place for evidentiary hearing

52 nd 53 were granted at last hearing. Transcripts of audio recordings. Judge asks how its going. AC says there nearly complete, anticipate they will meet deadline. 53 furnish reports and bench notes re evidence for trial. AC says they have provided bench notes on 2 different August reports they had already provided. Also 2 additional CD's for ATF agent who did analysis on home made silencer. Individual who did testing in 2018 will not be available to testify, ATF is providing another expert to testify.
Defense says that's satisfactory.
Also received a CV of ballistics expert, anticipate a report on that. Ballistic report was done by BCI, the gentleman (Brunel) will also provide opinion of that info on ballistics.

First expert believed it to be a home made silencer. Ballistics report will be from Brunel. AC says he already received an oral report that he agrees with BCI agent White on the ballistics report.

AC says January Brunel will have written report by Jan 22.

Motions 49 and 50. 49 requested pretrial hearing admissibility of written communications. 50 was requesting pretrial hearing non-testifying co defendants.

Supplemental memoranda requested. State wanted defense to specify written and oral statements the defense objected to.

Defense asks 49 and 50 also be delayed til next hearing. Transcripts will be heard on later hearing before end of year.

AC wants deadline for 30 days prior to hearing to provide motions they anticipate to file and any supplements to previous file motions.

Motion 51 - should court remove Wilson as prosecutor due to connection to governor's office. Have additional facts to put on record.

AC says 2 additional facts - re Andy Wilson was brought onto case in spring 2018 in consulting role, provided access to case file, affidavit of non-disclosure. His involvement pre-dates when the court appointed him. That was in his role as the court county prosecutor, not working for DeWine then.

Defense stipulates to those facts.

Second stipulation - Mr. Wilson in policymaking role for DeWine. Has put up a wall between himself and DeWine on policy. He's no longer involved in policy in governors office, doesn't discuss it with other office members who work on policy.

Defense wonders if there are additional facts, notwithstanding "wall", etc. does Wilson retain an expectation that he will keep the governor updated on this case.

Prosecution - Governor has not intervened and only communicates with them regarding trial dates, no reporting responsibility.

Defense accepts that fact, ready for court to adjudicate Motion 51

Transcript of August 31, court granted. Defense says they have received the transcript, as has state.

State wanted extension of time about statement of other facts. Will be extended to end of tomorrow.

Anticipate trial date, etc. address speedy trial issue. Defense has been given written waiver of speedy trial. Discussed with Jake and that he had extended to Jan 30 of 2021. New waiver extends Jan 2021 through October 1 2021.

Judge discussing Jake. He says he understands his waiver of speedy trial. if you waive your rights court can set date beyond. Says he did understand and sign document. Judge grants new waiver of speedy trial.

Asking routine questions of Jake if he has questions, seeing his attorneys, etc.

AC want to place on record something stated in chambers in Sept. that both Mr. Meyers and Mr Mooney would never compromise their representation of Mr. Wagner. She wanted that on record.

Defense says it wasn't proper to ask Jake to execute a waiver. (?) We're not able to control, beholden to chain of command in their office. Will do as best they can, but they can't peer into a crystal ball. For them to make a declaration to represent to the best of their ability, subject to unforseeable things. Doesn't negate compelling reasons for Motion 51.

Court ends.
 
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I'm not sure exactly what they were arguing about in that last discussion between defense and state. Some disagreement over Motion 51 and Jake's interests.

Motion 51 is the motion in which the defense objects to the appointment of prosecutor Wilson taking over a role in the case because he now works in DeWine's office.

It sounds like AC argued that defense objection was somehow not representing Jake's best interests. Need to find out more, maybe the news reporters know more background on this.

ETA: I suppose AC is saying that objecting to Mr. Wilson serving on the prosecution team is in some way harming Jake's best interests. Because the defense attorneys are also appointed by the state, that is a factor.

Text of Jake's Motion 51

Defendant's Motion #51 - "Notice of An Actual Conflict & Motion To Revoke Andrew Wilson's Appointment As Special Prosecuting Attorney".
 
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Niner said:
Yes, I'll be shortening this up a bit.... still on the court site as of 4am ET (11am my time) :)

Tuesday, Dec. 22nd:
*Pretrial & Motions Hearing (@ 9am ET) - OH - Pike County 8 people dead: Christopher Rhoden, Sr. (40), his ex-wife, Dana Manley Rhoden (37), their three children, Clarence "Frankie" Rhoden (20), Christopher Jr. (16), Hanna Mae (19); Frankie's fiancée, Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother, Kenneth Rhoden (44), & a cousin, Gary Rhoden (38). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) and a young child (3) were unharmed. (April 21-22, 2016, Pebbles) for *Edward Jacob "Jake" Wagner (26/now 28) (former boyfriend of Hanna) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/27/18) with 8 counts aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 5th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity & 1 count of 4th degree unlawful sexual conduct with a minor. (He’s accused of engaging in sexual contact with Hanna Rhoden when she was 15 & he was 20). Plead not guilty. Held without bond. DA will seek the DP.
Number of shots fired at each victim (Det. Scheiderer: We know the three calibers of firearms that were used to commit these murders. a 22 caliber long rifle, a 40 caliber, and a 30 caliber) & Court hearings from 11/27/18 thru 9/4/20 reference post #933 here:
OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #57
9/21/20 Update: Jake's attorneys question the admissibility of ballistics evidence, shoe print evidence, and statements made by family members. Attorneys also want Andy Wilson removed as a special prosecutor, calling his appointment a conflict since he worked for Gov. Mike DeWine. When DeWine was still state attorney general, the Wagners allegedly plotted against him & members of the investigative team. Motions 52 & 53, Ohio has agreed to provide material requested. Motions 49 & 50 dealt with written communications and admissibility of any non testifying statements. Put together specific objections that defense is objecting to. It's court's understanding that state has now prepared certified that defense has all discoverable material. It has been certified, defense has all of it. Defense moving forward on Motion 51, put agreements in writing so there's no dispute. AC agrees, facts uttered in defendants motion of 51 is an accurate statement of interplay between governor & public defender’s office. Defense oral motion at State’s expense for transcript of bond hearing held for George. Next Motions hearing on 10/29/20. Special prosecutor Angie Canepa said she would like to have a trial date set for Jake Wagner when both sides meet again on Oct. 29. Canepa made it clear his case is the first case the State wants to take to trial.
10/27/20 Update: Defendant's motion for continuance of 10/29 pretrial hearing-granted. Rescheduled from 10/29 to 12/2/20 @ 1:30pm. Rumor is that he has Covid-19.
11/4/20: Journal Entry-- On this 21st day of September, 2020, this cause came on for hearing on certain pre-trial motions filed by the Defendant. For motions 47 thru 53 reference post #780 here:
OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #58
11/6/20: Journal entry ordering continuance of pretrial motion hearing-due to a conflict of the court's calendar, on Court's own motion. Pretrial hearing & pretrial motions hearing scheduled for 12/2/20 is continued to Tuesday, 12/22/20 @ 9am. Pretrial motions to be considered are: Defendant's Motion #47 - "Defendant's Motion In Limine Requesting A Pretrial Evidentiary Hearing To Determine the Admissibility Of Ballistics Evidence And Opinions".
Defendant's Motion #48 - "Defendant's Motion In Limine Requesting A Pretrial Evidentiary Hearing To Determine The Admissibility of Shoeprint Evidence And Opinions". (Motion #47 & #48: The parties agreed that Defendant's Motion #47 & #48 would be re-scheduled).
Defendant's Motion #49 - "Defendant's Motion In Limine Requesting A Pretrial Evidentiary Hearing To Determine The Admissibility Of Any Written Communications The State of Ohio Intends To Present In Its Case In Chief".
Defendant's Motion #50 - "Defendant's Motion In Limine Requesting A Pretrial Evidentiary Hearing To Determine The Admissibility Of Any Non-Testifying Co-Defendant Statements The State Intends To Present In Its Case In Chief".
Defendant's Motion #51 - "Notice of An Actual Conflict & Motion To Revoke Andrew Wilson's Appointment As Special Prosecuting Attorney". (Motion #51 under advisement & will issue a decision concerning the same).
Defendant's Motion #52 - "Defendant's Motion For An Order Requiring The Prosecution To Provide A Transcript Of Audio Recordings It Intends To Introduce At Trial".
Granted: Defendant's Motion #53 - "Defendant's Motion For An Order Compelling The State of Ohio To Provide The Defendant With All Forensic Expert Reports And Underlying Data".
Granted: Counsel for the Defendant then made an oral motion to receive transcripts of George Wagner's Bond Hearing.
Both defense and prosecution will get transcripts. The transcript shall not include copies of exhibits introduced at such hearing, which exhibits are being held under seal.
*Angela Jo Wagner (48/now 50) – Last Pretrial hearing on 6/24/20. No update as of 12/22/20.
*George Washington Wagner IV (27/now 29) – Last Bond hearing on 8/31/20. No update as of 12/22/20.
*George Washington Wagner III (47/now 49) – Last Status hearing on 8/6/20. No update as of 12/22/20.
*Rita Jo Newcomb (65/now 66) – Motion hearing on 12/2//19 entered a plea of guilty. Will testify at the trials.
*Fredericka Carol Wagner (76) – 6/26/19: Charges were dismissed without prejudice.
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Bringing forward Niner's latest post showing all the Motions in Jake's case. Thank you, Niner!

In summary, a key employee of the court was not there today. They will postpone an all day hearing. Some reports, etc. requested by defense have been provided. Transcripts of relevant evidence will be completed by end of this month. The postponed motion hearing and a trial date will be scheduled by the end of this month.

ETA, JMO: The objections in Motion 51 have more to do with laying grounds for appeal in the event Jake is found guilty. Since the defense has agreed to let Judge Deering adjudicate Motion 51, they're probably not using it as a delaying tactic.

With the consensus that a trial date will be set soon, the defense for now seems less interested in delaying the trial than in setting about a foundation for future appeals and to stop the use of some evidence before they get to trial.

As AC continues to state, these objections and requests to block evidence before trial are inappropriate in the pre-trial setting. Defense will have the opportunity to make those objections when the trial begins.

With introduction of their own expert witnesses, it seems like there will be a battle in court over the evidence relating to ballistics, the silencer and shoe-print evidence. Defense seemed to make some distinction today when referring to both ballistics and the silencer as if they're arguing them separately, JMO.

Defense also made some reference questioning the ATF's claim that the silencer was home made. They also wanted multiple expert opinions on the ballistics analysis done by BCI.

Not much was said about shoe print evidence, though they plan to question that as well.

Still no mention of defense submitting any evidence of their own to exonerate Jake. They apparently don't have any, JMO. No cell phone records, texts, alibis, witnesses, etc. to show that Jake was elsewhere the night of the murders.

ETA: All above is JMO, based on what I picked up listening to the hearing today.
 
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Sleuthinsleuther said:
They got any real life trials scheduled ??? I heard it could go down in 2021
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I would say that's likely for Jake. We'll know, hopefully, in the next couple of weeks. Jake's waiver for speedy trial has just been extended to October, 2021, so it sounds like they plan to begin the trial well before then. JMO

The defense has wanted to drag this out as long as possible, JMO to swing some pre-trial publicity in their favor. There's a gag order on the cases, so no one involved in LE, prosecution, etc. is allowed to discuss it. News media has been diligent about not revealing any info, too.

In that vacuum of no pre-trial information, there are some folks who spread rumors on social media. WS is very careful to only discuss information that comes from LE, attorneys, etc. People aren't allowed to post any "inside" information about the case here unless they can prove to the Mods that they are an "insider".

So if you read anything on social media from people who claim they have information or opinions about this case from law enforcement, etc., don't believe them. They don't. The reason people who repeat rumors on social media don't discuss them on Websleuths is because they would have to vouch for the accuracy of their info.

JMO, just a community reminder. This is one of the reasons I stay with WS, you can trust the information you read here and the community members are good, credible people.
 
Pike County massacre: Jake Wagner waives right to speedy trial until Oct. 2021


Mike Schell
@Fox19_Mike

Jake Wagner in Pike County court for about 25 minutes as a hearing on evidence is once again continued. This time after a miscommunication on picking Wagner up from the Franklin Co. jail to bring him to court this morning. @fox19

During the hearing on Tuesday his attorneys expected to argue against ballistic and shoe print evidence, however, Prosecutor Angie Canepa said the defense is not entitled to a hearing on those issues.

The defense also objected to Andy Wilson, an advisor to Gov. Mike DeWine, serving as a special prosecutor on the case.

Wagner’s attorneys said this created a conflict because Wilson may advise DeWine on policy issues related to the public defender’s office.

Wilson argued that he’s not communicating with the governor other than dates and the judge promised to rule on the issue soon.
 
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