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

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10/13/2020 DEFENDANT'S REQUEST TO WITHDRAW PRO SE MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED (FAX) Attorney: COLLINS, MARK C: Attorney: HAYES, THOMAS F
Billy Wagner:
I wonder at his next hearing when Judge Deering asks his thing, if everything at the jail is satisfactory, if GW3 is going to speak up as to his unhappiness with the speed of his case.

What a bizarre thing to do, handwrite a Pro Se Motion then withdraw it. He must be having some problems with jail life and/or with his lawyers.

How many think it's all for show and GW3 is going to claim mental incompetence or say he needs to be moved...or something else is afoot with his lawyers?
 
"Jake's attorneys question the admissibility of ballistics evidence, shoe print evidence, and statements made by family members."

Yes, that is probably one of the statements that Jake's attorneys want to get thrown out, Angie saying she bought the shoes for Jake and GW4. A very damning statement that they had no time to get their stories straight on.
(Surprise interview at Montana Canadian boarder I believe.)

Here are the filings related to getting Wagner statements thrown out.
Really important because BCI not only has the interviews the Wagners gave to them, but BCI also has thousands of recorded phone conversations and texts and statements caught on bugs etc...

02/10/2020 (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

06/22/2020 (MOTION 50)

STATE'S MEMORANDUM CONTRA 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

Oh, yeah, definitely AW! Yes, as I thought about this and how the article didn't say "whose" family, I just took it to mean Jake's. JMO
 
I wonder at his next hearing when Judge Deering asks his thing, if everything at the jail is satisfactory, if GW3 is going to speak up as to his unhappiness with the speed of his case.

What a bizarre thing to do, handwrite a Pro Se Motion then withdraw it. He must be having some problems with jail life and/or with his lawyers.

How many think it's all for show and GW3 is going to claim mental incompetence or say he needs to be moved...or something else is afoot with his lawyers?
Billy Wagner got one of his cases a few years ago dismissed because it went past the 270 day limit, looks like he was going to try that again????
 
I wonder at his next hearing when Judge Deering asks his thing, if everything at the jail is satisfactory, if GW3 is going to speak up as to his unhappiness with the speed of his case.

What a bizarre thing to do, handwrite a Pro Se Motion then withdraw it. He must be having some problems with jail life and/or with his lawyers.

How many think it's all for show and GW3 is going to claim mental incompetence or say he needs to be moved...or something else is afoot with his lawyers?

His attorneys withdrew the motion, he didn't.

Billy Wagner files his own motion in prison handwriting, demands speedy trial
 
Can you please explain? I don't understand. Thanks. A few years ago???

Here is one, dismissed lack of speedy trial:
  • WAGNER, III, GEORGE W
  • - Defendant
Charge # 1:
2921.12(A)(1) - Felony 3rd Degree TAMPERING WITH EVIDENCE
    • Original Charge
    • 2921.12(A)(1) TAMPERING WITH EVIDENCE (Felony 3rd Degree)
    • Amended Charge
Party Charge Disposition
Disposition Date

Disposition
09/10/2009
DISMISSED

Docket Information
Date Docket Text
08/18/2009 TRANSFER FROM COUNTY COURT RELEASED ON OR
09/10/2009 DISMISSAL ENTRY WITHOUT PREJUDICE

Case Disposition
Disposition Date Case Judge 09/10/2009 DEERING, RANDY D

DISM LACK OF SPEEDY TRIAL (CR)/WANT OF PROS(CV)
 
Here is one, dismissed lack of speedy trial:
  • WAGNER, III, GEORGE W
  • - Defendant
Charge # 1:
2921.12(A)(1) - Felony 3rd Degree TAMPERING WITH EVIDENCE
    • Original Charge
    • 2921.12(A)(1) TAMPERING WITH EVIDENCE (Felony 3rd Degree)
    • Amended Charge
Party Charge Disposition
Disposition Date

Disposition
09/10/2009
DISMISSED

Docket Information
Date Docket Text
08/18/2009 TRANSFER FROM COUNTY COURT RELEASED ON OR
09/10/2009 DISMISSAL ENTRY WITHOUT PREJUDICE

Case Disposition
Disposition Date Case Judge 09/10/2009 DEERING, RANDY D

DISM LACK OF SPEEDY TRIAL (CR)/WANT OF PROS(CV)

But that was in 2009, 11 years ago. Thanks CC!

And IMO, people need to be questioned why he was let go! Rob Junk and the whole city/County paid off by FW?? IF HE WASN'T LET OFF THE HOOK SO EASILY BACK THEN, THE RHODENS AND HANNAH GILLEY WOULD BE ALIVE TODAY! In my opinion. Spare the rod, spoil the child!
 
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I don't think since it was the defendant who wrote and sent in the motion without consulting his lawyers, that the lawyers can undo that action, rescind it, without the defendant's ok'ing it. He's not been declared incompetent and is legally allowed to make his own decisions. It's also worded like this:

DEFENDANT'S REQUEST TO WITHDRAW PRO SE MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED...

Defendant's request but most likely physically filed by his attorneys. IMO
 
I don't think since it was the defendant who wrote and sent in the motion without consulting his lawyers, that the lawyers can undo that action, rescind it, without the defendant's ok'ing it. He's not been declared incompetent and is legally allowed to make his own decisions. It's also worded like this:

DEFENDANT'S REQUEST TO WITHDRAW PRO SE MOTION TO RE-ASSERT SPEEDY TRIAL RIGHTS FILED...

Defendant's request but most likely physically filed by his attorneys. IMO

Sunshineray, did you read the news article where Collins, one of his attorneys, called the newspaper immediately and stated the motion would be rescinded. Thanks.
 
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I wonder at his next hearing when Judge Deering asks his thing, if everything at the jail is satisfactory, if GW3 is going to speak up as to his unhappiness with the speed of his case.

What a bizarre thing to do, handwrite a Pro Se Motion then withdraw it. He must be having some problems with jail life and/or with his lawyers.

How many think it's all for show and GW3 is going to claim mental incompetence or say he needs to be moved...or something else is afoot with his lawyers?

Very strange and its possible this is some trick to help with a future appeal of Billy's case.

Overall, its a grim outlook on his chances for acquittal.
 
Thank you to all who commented upon "Local Auto Parts"
JMO
I guess I have no idea what items would be really unusual for an Auto Parts store to sell. But I also assume many small town businesses have inventory beyond what may customarily be found in similar businesses in larger cities. No important conclusion, just thinking it through.
 
Regarding the woman who allegedly claimed the Ws had her car in their possession from days before the killings until days after the killings (for repairs.) Does anyone have information on this?
Were the Ws working on any other cars during the killings?

Addition:
The owner of Unlimited Motors said, Jake Wagner sometimes works for him repairing vehicles.

Just a thought, if JW worked on cars for this dude in April 2016, which I do not know, JW would likely have had access to keys for every vehicle at that business.

Good possibility!
I had not thought of this, but I sure hope LE has considered this and checked.
I honestly don't think many locals would be willing to come forward to volunteer this information out of fear.
JMO
 
Thank you to all who commented upon "Local Auto Parts"
JMO
I guess I have no idea what items would be really unusual for an Auto Parts store to sell. But I also assume many small town businesses have inventory beyond what may customarily be found in similar businesses in larger cities. No important conclusion, just thinking it through.

Kind of like the local grocery store in the small town near by gr grandparents old place. One side of the store has a section where they sell everything from hardware, farm/garden goods, camping supplies, cell phones, home electronics, guns, fishing poles (and licenses for hunting/fishing), everything. Last time I was there I bought a thumb drive for my laptop. All part of the grocery store, its been like that since the 50's when I was a kid. When I read the W's bought gun and silencer parts at an auto supply shop, it wasn't surprising. Whichever small business wants to go to the trouble to get the licenses to sell guns and ammo will do it to supplement their existing business.

Small towns in rural areas always have businesses that stock a wide range of items, including firearms & ammo. Hunting is very popular in those areas and city folks who come down for a hunting or fishing trip usually want to stock up on things they forgot to bring or couldn't get in the city.
 
Johnny B Bad said:
Do you Sluthers remember when Rita Newcomb was on trial,....

She never went to "trial", but her last hearing was 12/2/19 & it was a motion hearing.
from my notes:

12/2/19 Update: Newcomb has acknowledged that she lied to the Grand Jury & was not the individual who signed the 3 separate custody documents at issue in the case. Newcomb is a notary. She had been asked to say that it was her signature by Angela Wagner, her daughter, according to prosecution. Judge Deering says an agreement has been reached between the parties in case of Newcomb. She is withdrawing plea of not guilty. Plead guilty to obstructing official business, a 2nd degree misdemeanor. RN will provide the Prosecution with info in exchange for the other charges being dropped. (Counts 1, 2, 3 & 5). No agreement on sentencing date yet. DA Angela Canepa requests Newcomb remain on bond, but allow her to get rid of house arrest & ankle monitor. Other conditions remain - she can't talk to others in the case, including Fredericka, or 4 Ws. Defense attorney Gerlach wanted RN to be able to talk to Fredericka. No contact with all previously ordered to have no contact with, including victim's families. Judge-granted request. Must still report to pre-trial services officer.
 
Thank you to all who commented upon "Local Auto Parts"
JMO
I guess I have no idea what items would be really unusual for an Auto Parts store to sell. But I also assume many small town businesses have inventory beyond what may customarily be found in similar businesses in larger cities. No important conclusion, just thinking it through.

Freeze plugs are auto parts AND silencer parts.
Mag-Lights are flashlights AND silencer parts.
Both common at an auto parts store.
 
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