VERDICT WATCH OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #85

[joe jones]

@Fox19_Mike
1h

PIKE COUNTY: 1/2 - Judge Randy Deering looks disgusted w attys and admonishes them for not being prepared to argue the few evidence exhibits remaining. George Wagner IV’s attys filing about a half dozen new motions today.
@fox19


@Fox19_Mike
1h
PIKE COUNTY: 2/2 - Deering threatens to bring them back every day this week, except Thanksgiving, to get this done.
@fox19

he is done, but he has contributed to the length of the trial, most trials go to at least 5pm most days, so a shorter court day made for a longer trial, maybe he has a roast dinner to go home to,

 

[Chelly]

Are there no reporters in court this morning? No tweets? I thought for sure someone would be tweeting on judge's rulings on charges as they will be submitted jury?

 

[Skully67]

I totally missed the merging of the phone calls. Do you have more info on this? What was said? Why would Chris be getting involved with that AFTER they pled guilty. I thought he was shocked and disgusted when they pled guilty.

I thought AW lost privileges in 2019.

 

[Chelly]

Judge is about to recess for lunch. Says there is a rough copy of jury instructions they will go over after recess. Seems like Judge has finished ruling on charges. Judge's final rulings on charges that will be submitted to jury can be seen on this morning's live stream.

 

[pcrum12]

The state couldn't play it prior to George taking the stand because George wasn't on the stand or taking the stand to be cross examined about it. The defense could have played it to show their claim that George was asked to be a spy for BCI. They didn't play it either. IANAL so I don't know exactly why, but I questioned earlier if the defense didn't bring something up on direct, then I didn't think the state could ask on cross. If there were things on that recording that the defense didn't ask about then was the state allowed to play the recording? I don't know if it's different if the defendant takes the stand, is anything allowed to be asked or does the state have to only ask about what the defense brought up on direct?

Prosecutor brought up and "quoted" transcript of that interview on cross so they could have played it to prove what was said. So defense not bringing it up on direct excuse is squashed. Prosecution could have played it.

 

[arielilane]

Are there no reporters in court this morning? No tweets? I thought for sure someone would be tweeting on judge's rulings on charges as they will be submitted jury?

Apparently not. I'll continue to check. Angenette Levy tweeted very little this morning. James and others tweeted nothing thus far.

 

[arielilane]

Don't quote me on this - AirPods or court audio failing; however, I believe judge allowed the following: AC quote:
He engaged in obstruction of justice, he admitted to lying to agents at the border,
giving a false alibi to the agents at the border and he freely admitted he told Chris Newcomb not to talk to the authorities but they didn’t have to show up for inaudible.

IMO, MOO

Apologies for incompleteness.

 

[ralyla]

Apparently not. I'll continue to check. Angenette Levy tweeted very little this morning. James and others tweeted nothing thus far.

Jennifer Edwards Baker is tweeting:

https://twitter.com/jbakerohio

 

[Betty P]

Prosecutor brought up and "quoted" transcript of that interview on cross so they could have played it to prove what was said. So defense not bringing it up on direct excuse is squashed. Prosecution could have played it.

The state probably wasn't taking any chances that defense would make them play the whole recording during cross, giving GW4 a chance to make his answers match the ones he gave BCI in the interview. Easier to just quote what was necessary from the transcript. JMO

As it turned out, GW4 did get quite a few answers wrong on cross. He proved he was making up his story and the details about what he did the night of the murders.

 

[arielilane]

https://twitter.com/jbakerohio

Pike County massacre trial: No jury this week but key developments still expected Here's what we're watching for: http://bit.ly/3GvjBEc

State wants to dismiss death penalty as a possible sentence for George Wagner IV if he's convicted of aggravated murder charges for eight members of Rhoden and GIlley families in Pike County April 21-22, 2016 But theystill want him convicted of agg murder charges

He is complicit in the murders, was armed with SKS rifle with silencer, Special Prosecutor Angela Canepa says. 'George was always the SKS guy, had the gun and aimed it at Chris Sr. and had the SKS (at trailer where Frankie Rhoden and Hannah Gilley were killed).'

Defense argues against the agg murder charges sticking but Deering sides with state. He already refused to drop agg murder charges in 2021 and just did again Monday.

The jury will consider agg murder charges against George Wagner IV, judge says, reasonable minds could conclude that the defendant is guilty, they are going through all the agg murder charges now and victims. Rule 29 motions from defense being denied, judge saays

George Wagner IV 'was complicit in this entire evening,' Special Prosecutor Angela Canepa says

Judge is denying all of defense Rule 29 motions so far to acquit George of agg murder charges, including death penalty specifications. I do expect state to request death penalty specs only, not agg murder charges, be dissmissed.


Edited: to remove redundancy.

 

[Bridginadentata]

He only has to testify to the satisfaction of the prosecution. That's it.

Do we know what “the satisfaction of the prosecution” means?

 

[Pru2U]

Do we know what “the satisfaction of the prosecution” means?

It means they'll drop the DP for GW.
Guess they were satisfied.

JW still has to testify against his dad, if it goes to trial, in order to have his own DP taken off.

 

[pcrum12]

The state probably wasn't taking any chances that defense would make them play the whole recording during cross, giving GW4 a chance to make his answers match the ones he gave BCI in the interview. Easier to just quote what was necessary from the transcript. JMO

As it turned out, GW4 did get quite a few answers wrong on cross. He proved he was making up his story and the details about what he did the night of the murders.

she could have played it at the end of her cross

 

[Betty P]

Do we know what “the satisfaction of the prosecution” means?

Assume it means he lived up to the terms of his plea agreement, WRT testifying in GW4's trial. He will have to repeat the process for his father's trial.

In the meantime, its a benefit for his brother, who is no longer facing the death penalty. Also good for the jury, who doesn't have to be sequestered during deliberations.

Not sure what the plea agreement is for AW, perhaps something similar.

 

[Pru2U]

she could have played it at the end of her cross

All of the other recorded evidence had a BCI agent on the stand when they were played. I wonder if the agents weren't available at short notice?

 

[Betty P]

she could have played it at the end of her cross

Why would she need to? The excerpt she quoted from the transcript during cross was sufficient. The judge and defense team have heard the audio and read the transcript.

 

[pcrum12]

Why would she need to? The excerpt she quoted from the transcript during cross was sufficient. The judge and defense team have heard the audio and read the transcript.

The jury didn't

 

[Betty P]

Are they still out on break? I hope they get everything they need to get done today.

 

[Myland]

The state probably wasn't taking any chances that defense would make them play the whole recording during cross, giving GW4 a chance to make his answers match the ones he gave BCI in the interview. Easier to just quote what was necessary from the transcript. JMO

As it turned out, GW4 did get quite a few answers wrong on cross. He proved he was making up his story and the details about what he did the night of the murders.

Jmo he wasn’t proved lying because she did produce a transcript. I don’t know that is what he said because only Capena said he said at border.

 

[Dudly]

Judge Deer said, “reasonable minds could conclude that the defendant is guilty”, many times this morning.

MOO