OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #50

[Puzzles8]

Mystery witness, umm... okay.


Unavailable Witness Law and Legal Definition | USLegal, Inc.

Help me out here!
The "Mystery Witness", who's case are you referring to?

 

[Daytocincy]

Messages:
17
Daytocincy Member.

I think the challenge for the prosecution is the order in which to try the cases. They will want to lead with their strongest case. The prosecution wants to show the public too that they 100% have the right perpetrators. I think that is why GW4 didn't waive time until the last minute. I believe his case is the weakest in terms of evidence and motive, and his attorney knows this and wanted him to be tried first.

I think if the prosecution can get the trial dates solid AND get GW4's trial scheduled last, they can use that as pressure for him to take a plea. Would you want to be the last person tried after three trials proving these horrific crimes? And I do believe they have a ton of evidence, showing this horrible massacre against an entire family.
MOO
_______________________________________________________________

@Daytocincy I think that GW 4 will go first. His trial was set for September 4 but was bumped because his attorneys were still receiving evidence.

I don't think his case is the weakest even though there is no DNA. Wait, I think there is DNA listed now.....But whose?

GW4 really wants out of there and I'm guessing he wants his trial to start as soon as possible. His attorneys said it's a 2 month trial so I predict November/December or January/February.

Wagner IV’s jury trial delayed - Portsmouth Daily Times

Good point. But if I were the prosecutors, I would want Jake to go first because he had the strongest motive. Even Angela and Billy had more motive than GW4.

 

[Caylee Advocate]

Help me out here!
The "Mystery Witness", who's case are you referring to?

Perhaps instead of mystery witness, the words unavailable witness would be better to use. Sorry I was confusing.

 

[Fletcher73]

I don't think the jury can be stopped from talking about their deliberations after the first trial is over. I've never heard of this, but correct me If I'm wrong.
....2 Cents....

Yes, the judge can clearly state to jurors that they are to refrain from discussion about the trial, after the verdict is in. The judge always has discussion with the jurors, and may be clear about effect of outside discussion on the community and family members, following the trial.
JMO, as I recollect from a couple times as a juror on criminal trials; moo.

 

[Dudly]

Just thinking about the innocent children, as I often do. They are growing up so fast. BR would now be about 7? Suds about 5? And baby Kylie already 3. I pray they are happy and healing daily.

I've wondered what those little girls look like now. Sophia was so cute when this happened.

 

[Rutledge203]

Messages:
17
Daytocincy Member.

I think the challenge for the prosecution is the order in which to try the cases. They will want to lead with their strongest case. The prosecution wants to show the public too that they 100% have the right perpetrators. I think that is why GW4 didn't waive time until the last minute. I believe his case is the weakest in terms of evidence and motive, and his attorney knows this and wanted him to be tried first.

I think if the prosecution can get the trial dates solid AND get GW4's trial scheduled last, they can use that as pressure for him to take a plea. Would you want to be the last person tried after three trials proving these horrific crimes? And I do believe they have a ton of evidence, showing this horrible massacre against an entire family.
MOO
_______________________________________________________________

@Daytocincy I think that GW 4 will go first. His trial was set for September 4 but was bumped because his attorneys were still receiving evidence.

I don't think his case is the weakest even though there is no DNA. Wait, I think there is DNA listed now.....But whose?

GW4 really wants out of there and I'm guessing he wants his trial to start as soon as possible. His attorneys said it's a 2 month trial so I predict November/December or January/February.

Wagner IV’s jury trial delayed - Portsmouth Daily Times

This was added to GWIV DOCKET:

09/13/2019 MOTION NO. 53--DEFENDANT'S MOTION TO EXTEND TIME FOR FILING SUBSTANTIVE PRE-TRIAL MOTIONS FILED (FAX) Attorney: NASH, JR, RICHARD M

Perhaps the rush is over....??? Just a guess based on the newest filings.

 

[Johnny B Bad]

A tentative trial date of Sept. 4 was set for Wagner in June. However, his attorneys filed a motion requesting a continuance because they need more time to sort through the mountain of evidence they have received from prosecutors.

“We understand there will be more discovery forthcoming. In light of that, the time to prepare for trial we would ask to continue that,” said Richard Nash, one of Wagner’s attorneys.

Assistant Attorney General Angie Canepa said Thursday there are more than 2 million items in the discovery, including crime lab reports, text messages, recordings and data from the Cyber Crimes Unit of the Ohio Attorney General’s Office. Those items have to be copied to hard drives and turned over to each defendant. The discovery includes any information gathered by law enforcement throughout the investigation.

The remaining discovery is supposed to be turned over by Aug. 1. Canepa said it can takes days to copy the files on to a hard drive. Canepa said at a prior hearing the discovery in the case totals about four terabytes of information.

Prosecutors have said custody of a little girl Jake Wagner and Hanna Rhoden shared was the primary motive for the murders. George and Jake Wagner and their parents, Billy and Angela, are accused of planning and carrying out the killings.

George Wagner has a young son. He appears much thinner since his arrest last November. His grandmother, Fredericka Wagner, was in court Wednesday to support him along with his aunt, Robin Wagner.

“George is innocent. My whole family is innocent. That’s all I have to say. It will all come out eventually,” Fredericka Wagner said after the hearing. “He’s lost a lot of weight. But he’s strong and he’s got a strong faith in God. So have I and so did Jacob. Our whole family and we just believe, I know Christ is with him. The boys are hanging on to Jesus and that’s what we’re going to keep on doing.”

George Wagner's next court date is in September. A new trial date has yet to be set. He is being held in the Ross County Jail without bail.

Does FW really believe that she didn’t raise a group of mass murders, wake up old woman and if you really believe in the lord than you better stand with him, you need to read all that has been given to you about evidence against your families also how do you think the grandmother of the Rhodens and mama Gilley feels about you getting on tv telling all of Ohio that your family are innocent, when they are not allowed to say anything or the case could be miss trial. JMO

 

[Cool Cats]

Help me out here!
The "Mystery Witness", who's case are you referring to?

This refers to Angie's Motion regarding unavailable witnessess:

(32) DEFENDANT'S MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION FILED

NOTE: Use this Motion if the witness is alive, but State says not available.

IF THE WITNESS IS DEAD: The sole focus calls on whether defendant had an effective opportunity to cross-exam the witness at the earlier proceeding.

MEMORANDUM IN SUPPORT

It is defense counsels understanding that the prosecution plans to rely on the prior testimony of a witness because the State contends that witness is unavailable, and that the witness was effectively subjected to cross examination at an earlier proceedings.

Defendant contends that this evidence is inadmissible because (1) it has not been proven that the witness is unavailable; and (2) Defendant did not have the same motive and opportunity to have counsel able to effectively confront and cross examine the witness at the other proceeding.

The prosecution, as the proponent of the evidence, bears the burden of establishing the unavailability of the witness.
This is a capital case. Therefore, Defendant, at minimum, is entitled to have an evidentiary hearing to adjudicate these matters.....

This Court should rule inadmissible the prior testimony at issue in this motion. In the alternative, this Court should conduct an evidentiary hearing on this motion.
______________________________________________________________

Other Motions were filed relating to Winesses:

(8) DEFENDANT'S MOTION TO TRANSCRIBE THE GRAND JURY PROCEEDINGS PRIOR TO TRIAL FILED

(9) DEFENDANT'S MOTION FOR A PRE-TRIAL COPY OF THE TRANSCRIPT OF THE GRAND JURY PROCEEDINGS FILED

(10) DEFENDANT'S MOTION TO DISCLOSE NAMES OF GRAND JURY WITNESSES FILED

 

[Loomis124]

I've wondered what those little girls look like now. Sophia was so cute when this happened.

Yes she was. Looked just like her Mom in every aspect.

 

[Loomis124]

Perhaps instead of mystery witness, the words unavailable witness would be better to use. Sorry I was confusing.

Caylee, please reference what you are discussing. Thanks. I can hardly keep all this crop straight anymore, so it helps to have a reference link. Thank you.

 

[Caylee Advocate]

Caylee, please reference what you are discussing. Thanks. I can hardly keep all this crop straight anymore, so it helps to have a reference link. Thank you.

There is no link for reference, please see CC's post #1068 just above and she details it fairly clearly.

BTW, thank you CC for posting what I didn't have time to do.

 

[Johnny B Bad]

I sounder if the (Left Eye Owl) has much to say?

 

[Caylee Advocate]

Yet Owls can't talk except to say hoot, that is unless of course you understand their language.

Have a wonderful week, it's going to be a busy one.

 

[Cool Cats]

There is no link for reference, please see CC's post #1068 just above and she details it fairly clearly.

BTW, thank you CC for posting what I didn't have time to do.

Your welcome. I like the details no secret there...

I even actually like transcribing the hearings...LOL...!

You have a special Pike County inside view and it's appreciated...

Keep posting Caylee Advocate...

 

[Johnny B Bad]

Does anyone think the trials this week will tell us anything or will be the same old stuff and will Judge Deering let Angela have outsider phone communication with more than her attorney and how will he address her?

 

[JerseyGirl]

This thread has reached it's limit. I'll be moving recent posts over and closing this one.

Please continue here:

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