GUILTY OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #60

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#42,#43 - I think shoeprints and Ballistics will be admitted whenever they have the Daubert hearing. (The shoe expert was the expert in a well known trial of a football player. The expert was correct about what type of shoes it was however they did not find the pic of him wearing that type of shoe until after the trial. Not sure it would have made a difference. He had said he did not own that type of shoe.)

#44 - I do not think Wilson will be removed.

#45 - I am not sure if the co-defendant means RN or it means the 4 W's or both.

#46 - If this motion hand not been ruled on I am not sure why they would be now asking the judge to compel the state to turn over the transcripts.

#47 I think it will be granted/given it if has not already.


#45...NON-TESTIFYING CO-DEENDANT STATEMENTS

Refers to the 4 Wagners. Rita is going to cooperate with Canepa and that means she will be testifying if Canepa wants her to.

It is the 4 Wagners who won't testify against each other unless through a plea deal.

Like let's say the jury hears the statement where Angela is telling BCI she bought the shoes for George and Jake, because she is not testifying the defense can't examine her to mitigate what she "really meant" by saying that.

You have all these damning statements without the defendants taking the stand to clarify what they want the jury to know about a specific statement so just get rid of them - problem solved.

(A point of view)
 
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I can finally shorten this up a bit since I last posted his stuff...

Monday, April 5th:
*Motions Hearing (@ 1:30pm 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 (37). 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 *George Washington "Billy" Wagner III (47/now 49), (Jakes’ father) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (12/4/18) with 8 counts of 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 4th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity. 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 12/4/18 thru 7/29/20 reference post #580 here:
OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #56

8/3/20 Update: Entry granting defendant's motion to continue bond motion hearing & status conference such hearing be rescheduled on a date to be determined upon the completion of discovery. NO DATE YET for status hearing continuance as of 8/6. Evidentiary hearing on 9/8/20. NOT an evidentiary hearing – just a deadline date.
8/19/20: The Court further finds that defense counsel filed a "Bond Motion" on June 17, 2020, requesting that a reasonable bond be set, with appropriate restrictions in place. The Court further finds that on the 22nd day of June, 2020, the State of Ohio filed a "Motion Of The State of Ohio In A Capital Case & Pursuant To Statute To Hold The Defendant Without Bail," requesting that the Defendant remain in jail without bail, which was previously ordered on December 4, 2018. Upon agreement of the parties, hearing upon the Defendant's "Bond Motion" and upon the State of Ohio's motion to hold the defendant without bail, together with a status conference, were scheduled for Thursday, August 6, 2020, at 1:30 p.m.; however, prior to the journalization of this Entry, the motion hearing & the status conference were continued upon motion of the defendant. 9/4/20 Update: Filed by Attorney Robert Junk - Motion for Extension of time for filing of notice.
9/16/20: Defendant's reply to State's motion for extension of time & Motion to compel discovery filed via vax by Attorney Mark Collins & Thomas Hayes. 9/21/20: Defendant's reply to State's motion for extension of time & motion to compel discovery filed by attorneys Mark Collins & Thomas Hayes.
9/29/20 Update: It is hereby ORDERED that the State of Ohio shall specify to counsel for the Defendant any & all "other acts" evidence that the State of Ohio intends to use at trial on or before September 8, 2020. 10/7/20: Filed by defendant handwritten on note pad paper: Motion for speedy trial. GW3 filed the motion on his own without consulting his lawyers. The court appointed lawyer said he has spoke with the Clerk’s office & the motion is going to be vacated before a hearing can be held. GW3 initially waived his right to a speedy trial when he entered his not guilty plea after being indicted in 2018.
10/13/20: Defendant's request to withdraw pro se motion to re-assert speedy trial rights filed by attorneys Mark Collins & Thomas Hayes. 10/14/20: Motion for Speedy Trial filed pro se (by GW3); 10/15/20: Defendant's request to withdraw pro se motion to re-asset speedy trial rights filed by attorneys Mark Collins & Thomas Hayes. 10/15/20: Entry: Granting defendant's request to withdraw motion to re-asset speedy trial rights filed.
12/28/20: Motion #42: Defendant's Motion in Limine requesting a pretrial Daubert hearing to determine the admissibility of ballistics evidence & opinions & (#43): to determine admissibility of shoeprint evidence & opinions filed. Motion (#44) to revoke Andrew Wilson's appointment as special prosecuting attorney filed. Defendant's Motion (#45) in Limine requesting a pretrial evidentiary hearing to determine the admissibility of any non-testifying co-defendant statements & motion (#46) for an order requiring the prosecution to provide a transcript of audio recordings. Defendant's motion (#47) for an order completing the State of Ohio to provide the defendant with all forensic expert reports & underlying data. All were faxed on 12/23/20. 1/6/21: Defendant's motion for additional funds for further investigation filed; 1/7/21-Granted for additional fund.

1/8/21: Motion of defendant for in-person visitation by psychologist filed-granted. Granting defendant’s motion for the appropriation of funds for a psychological expert. 1/29/21 Update: Motions hearing on 4/5/21 @ 1:30pm. 2/22/21: Motion #48: Notice of intent to use other acts evidence pursuant to 404(B) filed. (Other acts evidence is evidence that on some other occasion the defendant, or a witness, behaved in a way that demonstrates his character. 3/5/21: Motion #49: Defendant's Motion in Limine to preclude other acts evidence. 3/30/21: Request for Court paid expert expenses filed by Mark C. Collins.
*Angela Jo Wagner (48/now 50) – Pretrial hearing on 6/24/20. No update as of 4/5/21.
*Edward Jake Wagner (26/now 28) – Motions hearings on 4/12/21 & 5/12/21. Trial set to begin on 8/30/21.
*George Washington Wagner IV (27/now 29) – Motions hearing on 4/28/21.
*Rita Jo Newcomb (65/now 66/now 68) – Motion hearing on 12/2/19 entered a plea of guilty. Will testify at the trials. No update as of 4/2/21.\
*Fredericka Carol Wagner (76/now 78) – 6/26/19: Charges were dismissed without prejudice.
 
He submitted DNA and we can assume his DNA was not found at the crime scenes but that doesn't prove your innocent. George's DNA is not at the crime scenes either.

Since George didn't leave DNA there probably isn't any DNA from the other 3 as well.

All their discoveries list DNA but BCI tested many DNA samples from family like the Manleys and C-Rob and JM's wife AM, etc...

Of course they tested the Wagners' also.

The only reason they would test the DNA of people they questioned And wanted to rule out or consider as suspects would be to compare it with DNA from the crime scene or somehow linked to it. They tested the Manleys DNA fairly early in the investigation, so its safe to assume they collected DNA from the crime scene or other evidence.

Agree, though that absence of DNA at a crime scene is not evidencd of absence.
 
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He submitted DNA and we can assume his DNA was not found at the crime scenes but that doesn't prove your innocent. George's DNA is not at the crime scenes either.

Since George didn't leave DNA there probably isn't any DNA from the other 3 as well.

All their discoveries list DNA but BCI tested many DNA samples from family like the Manleys and C-Rob and JM's wife AM, etc...

Of course they tested the Wagners' also.

BCI agent said in Bond Hearing there was no DNA in the case but I am not sure if he meant in reference to George (case or in reference to all 4 of them.
He submitted DNA and we can assume his DNA was not found at the crime scenes but that doesn't prove your innocent. George's DNA is not at the crime scenes either.

Since George didn't leave DNA there probably isn't any DNA from the other 3 as well.

All their discoveries list DNA but BCI tested many DNA samples from family like the Manleys and C-Rob and JM's wife AM, etc...

Of course they tested the Wagners' also.

BCI agent said in bond hearing there was not any DNA in the case but I am not sure if he was speaking of just George case or
All the prosecution has to do is play the recordings of George's incriminating statements in the courtroom for everyone to hear. Transcription or not, the facts will be there.

JMO, a lot of recordings will be played in the courtroom during the trial and they'll all be recordings the defense teams have had for years. There will also be lots of photos of crime scenes, weapons, evidence, social media posts, etc. Some of those recordings will include GW4 making threats of kidnapping and violence against the governor of Ohio, law enforcement, etc.

Yes, I agree if they do not get them excluded which they are trying to do they will play them. I do not think they will be excluded. If they present recordings without transcripts to be reviewed there could be questions as to what is actually said on the recordings. Jurors can review those transcripts and make up their own minds of what is said.
 
#45...NON-TESTIFYING CO-DEENDANT STATEMENTS

Refers to the 4 Wagners. Rita is going to cooperate with Canepa and that means she will be testifying if Canepa wants her to.

It is the 4 Wagners who won't testify against each other unless through a plea deal.

Like let's say the jury hears the statement where Angela is telling BCI she bought the shoes for George and Jake, because she is not testifying the defense can't examine her to mitigate what she "really meant" by saying that.

You have all these damning statements without the defendants taking the stand to clarify what they want the jury to know about a specific statement so just get rid of them - problem solved.

(A point of view)

Yes when researching non testifying co defendants statements it is very hard to tell if they will be allowed. "Generally" it seems it is allowed if it does not directly incriminate the co defendant. The confrontation clause comes into play when using non testifying co defendant statements. It seems like some statements could be allowed and some not depending on what they are.
 
The only reason they would test the DNA of people they questioned And wanted to rule out or consider as suspects would be to compare it with DNA from the crime scene or somehow linked to it. They tested the Manleys DNA fairly early in the investigation, so its safe to assume they collected DNA from the crime scene or other evidence.

Agree, though that absence of DNA at a crime scene is not evidencd of absence.

They would probably collect DNA from everyone early on that volunteered to give it. They would then have it in case they did find any DNA from an unknown person at the crime scenes.
 
Thank you for tbe updates, Niner!

I'll watch and post updates for the hearing today.


Thank you to Niner! Thats's a lot of work and it sure helps.

Betty, Thanks for posting updates.
I can't watch this afternoon, so I will rely on your updates and others comments too. Thanks to all.
I will be hoping Canepa speaks up and can be heard.
 
Thank you to Niner! Thats's a lot of work and it sure helps.

Betty, Thanks for posting updates.
I can't watch this afternoon, so I will rely on your updates and others comments too. Thanks to all.
I will be hoping Canepa speaks up and can be heard.

Hopefully they don't discuss it all in chambers and then come out and we just have to guess what probably was said. His lawyer has not filed a motion to exclude the recordings as of yet so it will more than likely be G4 hearing before that is ruled on and we know if that happens. We may know the reason today though as to why the transcripts have not been given.
 
Is George Billy Wagner pre~trial hearing going to be on tv today????
 
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I thought today was GW3 Motions Hearing, not trial. Obviously I'm way behind and need to catch up!
 
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