OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #52

Discussion in 'Trials' started by tlcya, Jul 29, 2017.

  1. Cool Cats

    Cool Cats COLUMBO "One more thing" MONK "A jungle out there"

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    Ritas's Attorney:
    July 20-19 we asked for a list of copies of the entire contents and documents contained in the tub marked important stuff that was seized from Angela Wagner in which the State claims does contain the custody documents allegedly notarized by Rita Newcomb. We are searching for certain documents that the prosecution is aware of previously dated 8 something which these alleged custody documents, but actually they're guardian documents.

    Judge: They're what?

    Rita's Attorney:

    It's actually titled guardian summarized as custody documents.

    Judge: So you've asked for copies?

    Rita's Attorney:
    I want to know what is in this box where they found the original---I put original I'm not sure they are original---copies of something that was copied from a Texas Website talking about guardianship. But there's others that we're looking at, hand written signed on dates she notarized, some of that were hand written dated on the dates in which she notarized the printed document.

    Judge:
    Ok you found out about these through discovery? And then you asked for copies of them?

    Rita's Attorney:
    Yes, well we want to know what was in them that particular tub of materials that I'm looking for. I don't need to know everything that's in it, it's just these 3 handwritten (similar?)
    documents. Documents which are dated the same dates as the ones printed out--- the subject of which the documents---same date as the documents that are the subject of this particular trial.

    Judge:
    I guess maybe I'm not following, you found out about these documents through discovery?

    Rita's Attorney:
    Well yes through search warrants that were issued for those---I think it represented prosecution that they had received this tub marked important stuff.

    Later Canepa tells the Judge that Rita's attorney found out about this box marked important stuff from "inventory of contents from the Search Warrant" and from "discussions from Angela Wagner on phone calls." I assume Angela told Rita then Rita told her attorney.

    Last edited: Sep 10, 2019
     


  2. Fight4justice

    Fight4justice Active Member

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    Can the defense attorneys for all defendants charged in connection to the crime confer with each other? If so then surely the W’s attorneys know what is being used as evidence by the state against them that was in the box. So RN’s attorney knows the same. Maybe what is in the box is evidence to other crimes committed in other “counties” and or “states” that do not pertain to these crimes therefore they would not be revealed to defense. But did the state turn the evidence over to the detectives in the other “counties” and or “states”. Maybe that is what they are trying to find out. And could the state turn this evidence over without revealing it? My thoughts and opinions only.
     
  3. Betty P

    Betty P Well-Known Member

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    That's where Gerlach alleges there are some kind of "hand written" notarized documents that are relevant. If they were relevant to this case, prosecution would use them.

    If Gerlach thinks prosecution is hiding these documents, he can ask for them to be submitted as evidence in court. No big thing. He could have asked for them months ago.

    If RN and AW cooked this up in their phone conversations, Gerlach knows all the details now. If he wants to bring that up during the trial, he can.



    MOO/IANAL
     
  4. Johnny B Bad

    Johnny B Bad Well-Known Member

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    All this stuff going on right now is what Angela refers to as Buzz Words, JMO
     
  5. Cool Cats

    Cool Cats COLUMBO "One more thing" MONK "A jungle out there"

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  6. evelezrn

    evelezrn Registered Nurse

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    I agree. I think I read somewhere that Dailey got his law degree in Texas. JMO.

    https://www.avvo.com/attorneys/45690-oh-bruce-dailey-44346.html

    I'm worried that RNs trial might not be televised tomorrow. Since the impeachment hearings are already interrupting regular programming.
     
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  7. Cool Cats

    Cool Cats COLUMBO "One more thing" MONK "A jungle out there"

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    Even the prosecution doesn't know the answer to your question:

    "..The state cannot fathom, and the defense has not articulated, what relevant and admissible testimony these witnesses would have to offer in this case,” Canepa wrote in her motion. “It is the state’s belief that the defense only seeks to call these witnesses in order to impeach them or to force them to assert their Fifth Amendment rights and refuse to testify.”
     
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  8. Cool Cats

    Cool Cats COLUMBO "One more thing" MONK "A jungle out there"

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    "..This attorney attended South Texas College of Law Houston and has been licensed for 23 years.. "

    No wonder Houston News picked it up.
    As for televising the trial? I feel same as you.
     
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  9. Dudly

    Dudly Well-Known Member

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    Kind of like saying, Turn left...Right Here!!!
     
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  10. Johnny B Bad

    Johnny B Bad Well-Known Member

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    A serial killer is typically a person who murders three or more people, usually in service of abnormal psychological gratification, with the murders taking place over more than a month and including a significant period of time between them.
     
  11. Ann99

    Ann99 Well-Known Member

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    Your first question about defense attorneys, can they confer with other..?
    Got me wondering if that issue was covered in the early hearings relating to the gag orders. I don’t remember clearly. Does anyone?
    I assumed that so early on in the proceedings, individual attorneys would not want to confer or share info. as it might not benefit their client. Meaning, let’s wait a bit and see how things play out, who may be offered a deal or which defendant may talk, before conferring with other attorneys.
    There is a term, joint defense privilege or common interest rule
    Here is the Wikipedia link.
    It seems complicated. I can’t figure out if it applies to these cases, Wagners.
    https://en.m.wikipedi a.org/wiki/Joint_defense_privilege

    “The joint defense privilege, or common-interest rule, is an extension of the attorney–client privilege. Under “common interest” or “joint defense” doctrine, parties with shared interest in actual or potential litigation against common adversary may share privileged information without waiving their right to assert attorney–client privilege. Because the joint defense "privilege sometimes may apply outside the context of actual litigation, what the parties call a ‘joint defense’ privilege is more aptly termed the ‘common interest’ rule.””
    It goes on and on.

    A google search of these terms brings up many articles, but all are too complicated for me to understand when or to whom this rule or privilege would apply.
     
  12. Loomis124

    Loomis124 Well-Known Member

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    DBM
     
  13. Betty P

    Betty P Well-Known Member

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    Pretty sure they can, from that quote and based on a question that WS member PrairieWind answered for me several weeks ago. They're a verified atty. I can ask again, though, to be sure.

    ETA: Just checked last message from PrairieWind and, while they didn't address that issue specifically, I'm not sure the defendants attorneys would share much. It depends, probably on the defendants. If any attorney is planning to ask his client to plea bargain, at some point, they probably wouldn't talk with the others. I'll ask PW.
     
    Last edited: Nov 17, 2019
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  14. sunshineray

    sunshineray Well-Known Member

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    So what...they want to tick off the judge? They want him do or say something to get a mistrial? Will the judge rule on this before jury selection?
     
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  15. Loomis124

    Loomis124 Well-Known Member

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    A little history on Bruce Dailey and his brother, Tim:

    Dailey v. Uhrig
     
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  16. Cool Cats

    Cool Cats COLUMBO "One more thing" MONK "A jungle out there"

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    Motion denied. The prosecution objected to these witnesses as stated in their Motion to Continue (postpone) the trial. Judge Deering ruled against their Motion and did not add any provision onto his ruling that would bar the defense from calling these witnesses to the stand.

    The prosecution can however, argue in court to have these witnesses excused from taking the stand but that might interfere with defendant's right to call witnesses on her own behalf. Pretty weak case if 3 witnesses can derail it.
    --Just opinion.
     
    Last edited: Nov 17, 2019
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  17. Merrygirl

    Merrygirl Well-Known Member

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    ‘JMO, but I don’t think so. This document is dated and recorded on Apr 28. I believe it is written this way because she is deceased and maybe it is unclear at this point who will be executor of her estate. We also have to remember this is requesting CUSTODY after the murders. The documents allegedly forged are SURVIVORSHIP after death. This is why I think the Apr 3 SURVIVORSHIP documents were allegedly forged after the murders. Otherwise, why would JW need to seek a lawyer and explain how he is the biological father (without having DNA)? If the SURVIVORSHIP docs were drawn on Apr 3 then allegedly HMR has already promised SMW to JW if anything was to happen to her. Since we haven’t seen evidence yet that the SURVIVORSHIP docs were recorded at court, then maybe AW & JW were afraid to present them legally OR perhaps that’s WHY they were created, cuz the judge said he’d give temporary custody but needed more proof for permanent custody. JMOO.
     
  18. bowler

    bowler Well-Known Member

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    make them distrust the prosecution. << for sure
    And he comes off as mumbly, bumbly to me
    Defense wants to blow up any part of case against others along with Rita's MOO
     
  19. Loomis124

    Loomis124 Well-Known Member

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  20. Merrygirl

    Merrygirl Well-Known Member

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    ‘I wonder if there is a possibility that the expert said “it’s not her (meaning HMR) signature but Gerlach has mistaken it for “her” meaning RN? Jmo
     
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