GUILTY OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #68

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  • #221
There are journal entries/court notes put in today for G4 and BW. They are so long that I am not going to post them.

I did not recall this motion for G4 being withdrawn. It is kind of interesting that it was.

G4 - Defendant's Motion No. 61, entitled "MOTION IN LIMINE TO EXCLUDE PHOTOS OF WEAPONS, SHELL CASINGS, AND RELATED ITEMS" was scheduled for hearing on this 22nd day of December 2021. In open Court on this day, the Defendant, through counsel, withdrew Motion No. 61.

Here's the dates from the journal entries.

3/7/22 at 1pm - Motion hearing & arguments on motions.
4/4/22 at 9am - Daubert hearing concerning shoeprint expert testimony.
5/2/22 at 1pm - Motion hearing & arguments on motions.
5/16/22 at 1pm - Hearing on Motion to Suppress.
7/5/22 through 7/8/22 & 7/11/22 through 7/15/22, beginning each day at 9am - completion of jury questionnaires by summoned prospective jurors.
8/8/22 through 8/12/22 - each day beginning at 9am - individual voir dire.
8/15/22 through 8/19/22 - each day beginning at 9am - individual voir dire.
8/29/22 at 9am - beginning of trial, including general voir dire for the jury, opening statements, evidence & so forth. The jury trial is scheduled for 30 days.
 
  • #222
There are journal entries/court notes put in today for G4 and BW. They are so long that I am not going to post them.

I did not recall this motion for G4 being withdrawn. It is kind of interesting that it was.

G4 - Defendant's Motion No. 61, entitled "MOTION IN LIMINE TO EXCLUDE PHOTOS OF WEAPONS, SHELL CASINGS, AND RELATED ITEMS" was scheduled for hearing on this 22nd day of December 2021. In open Court on this day, the Defendant, through counsel, withdrew Motion No. 61.

That last hearing went fast, so we're probably just now reading some of the things they discussed in camera. Just a guess.
 
  • #223
I was surprised too, especially since the case isn’t settled.
i think you are right, it slipped through.
I have heard (not specific to this case or Wagners) in general many jail phone systems are run by outside sources and not actually the jail or prison. So who owns the content?
I wonder if that has something to do with it.
Anyone can file a FOIA if they take the time and know how to do it.
What I don't know is if State of Ohio specifically has a law regarding this issue.
I also assume Prosecution as well as Defense would have objections, each for reasons of their own.
Maybe these are questions that cant be answered. Too many entities involved.
But, wouldn't it be great to hear actual audio content of a few of the W’s phone calls.

I think it depends on the State. I do not think it is legal in most states for inmate calls to be public. SC may change that now.
<modsnip>
 
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  • #224
What I don't know is if State of Ohio specifically has a law regarding this issue.

If they don't, they probably will have one passed and enacted before the end of the week. ;)

It's interesting that the rampant use of private contractors in every part of the penal system is backfiring on them.:D
 
  • #225
Here's the dates from the journal entries.

3/7/22 at 1pm - Motion hearing & arguments on motions.
4/4/22 at 9am - Daubert hearing concerning shoeprint expert testimony.
5/2/22 at 1pm - Motion hearing & arguments on motions.
5/16/22 at 1pm - Hearing on Motion to Suppress.
7/5/22 through 7/8/22 & 7/11/22 through 7/15/22, beginning each day at 9am - completion of jury questionnaires by summoned prospective jurors.
8/8/22 through 8/12/22 - each day beginning at 9am - individual voir dire.
8/15/22 through 8/19/22 - each day beginning at 9am - individual voir dire.
8/29/22 at 9am - beginning of trial, including general voir dire for the jury, opening statements, evidence & so forth. The jury trial is scheduled for 30 days.

Bless you, Niner. If ok with you, I'm going to copy/paste into the Media/Timelines thread for quick reference.
 
  • #226
Bless you, Niner. If ok with you, I'm going to copy/paste into the Media/Timelines thread for quick reference.

You can copy/paste anything I post! :D No problem!
 
  • #227
From George's Docket:

Counsel for each side confirmed that the calendar of the proposed expert witness for the State of Ohio concerning shoeprint evidence has been cleared for April 4, 2022, the date scheduled for the possible Daubert hearing in this action.

This answers my question about ballistics. That the Daubert Hearing for George is only about shoe prints and not about the guns/ballistics.

However, Billy's defense wants to hold Billy's Daubert Hearing with George's Daubert Hearing but Billy's still encompasses the ballistics so it is possible that the April 4th Daubert Hearing will be both about shoe print evidence and ballistics.

But also possible Billy's Daubert Hearing on ballistics could be held on a different date unless that Motion is dropped.

It would be very interesting to hear both shoe print experts and gun experts testify. Top experts in their fields.

Billy:

Motion 42
DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL DAUBERT HEARING TO DETERMINE THE ADMISSIBILITY OF BALLISTICS EVIDENCE AND OPINIONS

Motion 43
DEFENDANT'S MOTION IN LIMINE REQUESTING A PRETRIAL DAUBERT HEARING TO DETERMINE THE ADMISSIBILITY OF SHOEPRINT EVIDENCE AND OPINION

After hearing arguments of counsel, the Court granted Defendant's Motion 42 and Defendant's Motion 43 and ordered that a Daubert hearing would be held concerning the admissibility of ballistics evidence and opinions and concerning the admissibility of shoeprint evidence and opinions.

Counsel for the Defendant indicated to the Court that he would contact counsel for the co-defendants in order to see whether, if Daubert hearings are to be held in such other cases, the Daubert hearings in all cases could be scheduled on the same day in order to avoid the necessity of having to make the experts involved available on several different days.
 
  • #228
George:

March 7, 2022 at 1:00 pm - Motion hearing and arguments on motions.
 
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  • #229
  • #230
Monday, March 7th:
*Motions Hearings (@ 1pm 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 Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) with 8 counts 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 5th degree obstructing justice, 1 count of 1st degree engaging in a pattern of corrupt activity. (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). Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table if his testimony is truthful.
Trial was set to begin on 4/4/22 continued on 8/29/22. (3 month trial).
Crime info & court hearings from 11/28/18 thru 1/19/22 reference post #857 here:
https://www.websleuths.com/forums/t...bers-wagner-family-arrested-67.604135/page-43

2/1/22: State's supplement discovery filed. State's response to defendant's Motion #78 for proposed jury instructions filed. State's memorandum contra defendant's motion for proposed jury instructions (Defendant's Motion #79) filed. Motions & pretrial hearing on 2/2/22.
2/2/22 Update: This cause came on for a pretrial hearing on the 2nd day of Feb. 2022. This matter was also scheduled for a hearing on a number of defense pretrial motions. The Defendant was present in court & was represented by his attorneys, John Patrick Parker & Richard M. Nash, Jr. The State of Ohio was represented by the Prosecuting Attorney, Rob Junk, by Special Prosecuting Attorneys Angela Canepa & David A. Wilson. Special Agent Jenkins, with the Ohio Bureau of Criminal Identification & Investigation ("Ohio BCI&I"), was also present for the hearing. The Court finds that the parties used the time scheduled for a motion hearing on this date primarily as a scheduling conference & that the parties have reached a specific schedule with respect to hearing this case. The parties agreed & jointly requested that the jury trial previously scheduled in this action to commence on 4/4/22 be continued; and upon the agreement & joint request of the parties, the jury trial previously scheduled to commence on 4/4/22, is hereby continued & the case scheduled is hereby modified as hereinafter set forth upon the agreement of the parties.
3/7/22 at 1pm - Motion hearing & arguments on motions.
4/4/22 at 9am - Daubert hearing concerning shoe print expert testimony.
5/2/22 at 1pm - Motion hearing & arguments on motions.
5/16/22 at 1pm - Hearing on Motion to Suppress.
7/5/22 through 7/8/22 & 7/11/22 through 7/15/22, beginning each day at 9am - completion of jury questionnaires by summoned prospective jurors.
8/8/22 through 8/12/22 - each day beginning at 9am - individual voir dire.
8/15/22 through 8/19/22 - each day beginning at 9am - individual voir dire.
8/29/22 at 9am - beginning of trial, including general voir dire for the jury, opening statements, evidence & so forth. The jury trial is scheduled for 30 days.

The Court finds that the Defendant appeared in court on this day in civilian clothing & there were no visible restraints appearing on the outside of the Defendant's clothing. Upon the court's inquiry, the Defendant indicated to the Court that he is satisfied with the frequency with which he is seeing his attorneys; that he is satisfied with the services being provided by his attorneys in representing him in this action & that he has no complaints concerning the process or the proceedings. Upon the court's inquiry, counsel for the Defendant indicated that defense counsel is satisfied with the access they have been provided to the Defendant. Attorney Nash, defense counsel, indicated to the Court that the attorneys for each party have selected three or four days to meet with each other away from the Court in order to discuss the case. Special Prosecuting Attorney Canepa requested that the Court confirm that the Defendant, George W. Wagner, IV, has executed a written, unlimited waiver of his right to a speedy trial. The Court finds that the record reflects that on 7/24/19, the Defendant & his counsel executed a written general, unlimited waiver of the Defendant's right to a speedy trial. Upon inquiry, counsel for the Defendant indicated to the Court that the defense is satisfied that the Defendant has waived his right to a speedy trial in this action. Counsel for each side confirmed that the calendar of the proposed expert witness for the State of Ohio concerning shoe print evidence has been cleared for 4/4/22, the date scheduled for the possible Daubert hearing in this action. There being no further matters before the Court, the pretrial hearing was adjourned. They'll be discussing setting a date for the Daubert hearing on ballistics & shoe print evidence, but there are quite a few other motions on the docket. New trial date was set on 8/29/22.
*George Washington Wagner III (47/now 50)Pretrial (Daubert) hearing on 4/4/22.
*Edward Jacob “Jake” Wagner (26/now 29) – Plead guilty (4/22/21) to all charges & will testify in the trials.
*Angela Jo Wagner (48/now 50) – 9/10/21: Plead guilty to a plea deal to Counts 9 thru 22, Counts 1-8 were dismissed. Will be sentenced to 30 years in prison with no early release & has to testify against others at trial.
*Rita Jo Newcomb (65/now 68) – Last Motions hearing on 12/2/19 entered a plea of guilty. Expected to testify in the trials.
*Fredericka Carol Wagner (76/now 79) – 6/26/19 Charges were dismissed without prejudice. DOB 5/10/42 Civil Case hearing on 2/17/22.
 
  • #231
Is there a link available for todays hearing ?
 
  • #232
  • #233
  • #234
Was that Holly Zachariah that walked by the camera?
I went to her Twitter to see if she made mention.
Found this
Holly is leaving the Dispatch.
https://twitter.com/hollyzachariah/status/1500886580038455296?s=21
How fitting today that I am in Pike County, saying my goodbyes to the Rhoden family (though I'll never abandon them) and everyone on the story that has changed me more than ever.
George Wagner IV has a hearing today. I expect no news. Just my tears.
#
I look for a great article on this case by Holly soon. MO.
 
  • #235
  • #236
Is it just me or does anyone else think G4 looks like he's almost falling asleep?

JMO
 
  • #237
defense got the state to move the needle on whether George was a shooter, state focusing on his complicity not him being an actual shooter, so I guess they have finally conceded that he did not shoot anybody and when they indicted all 4 they indicted all 4 under the complicity theory as they had an idea of who the shooters were but were not totally sure who shot who, now they seem to be going forward upon the information in the proffers which I read as JW shot Dana, Chris Jr, HR, HG and FR, Billy shot Chris Sr, GR and KR and JW shot at one of the 3 victims Billy murdered, who that was we don't know yet
 
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  • #238
defense got the state to move the needle on whether George was a shooter, state focusing on his complicity not him being an actual shooter, so I guess they have finally conceded that he did not shoot anybody and when they indicted all 4 they indicted all 4 under the complicity theory as they had an idea of who the shooters were but were not totally sure who shot who, now they seem to be going forward upon the information in the proffers which I read as JW shot Dana, Chris Jr, HR, HG and FR, Billy shot Chris Sr, GR and KR and he shot at one of the 3 victims Billy murdered, who that was we don't know yet

Thanks for the update. Just now checked, looks like I missed it. What exactly did they say?
 
  • #239
@ Niner

You are so adept with your bookeeping on not only this case, but lots of others. How you do it I'll never understand.

All I know is..... you are the best and much appreciated. YOU ROCK!!!
 
  • #240
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