OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #71

[LMDlong]

https://twitter.com/x/status/1570124739259105286

I guess the opted out , not seeing anyone.

 

[FrankieT]

Bless Miss Geneva. So so hard for her.

 

[pittsburghgirl]

BBM

I'm not worried about it. George was there. AC will prove it.

I hope so Betty. We have waited too long for this to see a not guilty verdict come back.

JMO

For what it's worth, I think the testimony that Jake put a newborn to nurse from the dead mother probably sealed George's fate. I'm serious. The heinousness of the crime has been established. For felony murder, all the jury needs to know is that George was part of the planning. Angela is doing 30 years for that. For being part of the actual murder spree, that's death penalty level horror. I'm truly not worried at all. Two eyewitnesses, the testimony of those who know how the Wagners operated like a cult, whatever forensics they have, any testimony based on wiretaps, etc., will be enough.

 

[ColMustard]

I thought I heard AC say in openings JW opened the door at FR and both BW and GW went inside,

I think that's what I heard too. JW tried to pry open the back door (at FR's) with a knife, the tip of the knife broke off, he then climbed in through the window, opened the door and let them both in.

 

[iulia]

I guess the opted out , not seeing anyone.

This witness allowed audio only, we get to see GW4 and they showed the people in attendance. The next witness will allow both audio and video.

 

[almond]

REFRESHER ON THE COURTS RESPONSE TO MOTION FOR MEDIA ACCESS AND SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION DATED 9/9/22:

COVERAGE OF WITNESSES:

The Court's denial of permitting Media to record witnesses that have "opted out" of being video recorded or photographed, and specifically permit the recording of testimony by defendants AW and JW [presumably, even if they object], denial by the Court was a matter of law pursuant to Sup R. 12(C):

Ohio Supreme Court R. 12(C) is clear that the Court may not permit the filming, videoing, recording, or making of photographs of any victim or witness who objects.

In further clarification, the Ohio Supreme Court stated "It seems clear that a defendant is a "witness" when he is testifying."

The Court further provided that a gag order was never issued here nor is this a case in which proceedings were closed to the media. The Court has reserved a section inside the courtroom for MEDIA ONLY to facilitate media informing the public.

From the decison:

View attachment 366241

Judge puts limits on media coverage of Wagner murder trial in Pike County

CINCINNATI (WKRC) – Pike County Common Pleas Court Judge Randy Deering Friday ruled that witnesses in the upcoming murder trial of George Wagner IV can request

local12.com

Thank you for finding this. I really appreciate it.

 

[ColMustard]

This might be a dumb question, but I'm going to ask anyway because I really don't know. Why are they asking that question anyway? Is is becasue the wrong county responded and investigated?

The prosecution knew the defense would raise that issue, AC mentioned it in opening.

I believe it was agreed early in the investigation that since the crime began in Pike, and the majority of it was in Pike, Pike county would prosecute the case.

 

[Betty P]

The witness now was a first responder deputy from Piketon that day.
Again, I can't transcribe today, but you can hear his testimony.

 

[Betty P]

The prosecution knew the defense would raise that issue, AC mentioned it in opening.

I believe it was agreed early in the investigation that since the crime began in Pike, and the majority of it was in Pike, Pike county would prosecute the case.

Correct. Early on they formed a Task Force sort of. BCI took over very quickly and coordinated all the efforts. Sheriff Reader got it started, but BCI took over. They coordinated first responders from Pike, Scioto, Adams, all over

If you go to the Timelines & Media thread, you'll find the link to the Supreme Court Case by newspapers to view the victim final autopsies. Read the docs at the Ohio SC web site and you'll find testimony from the Pike County Coroner. He pretty well describes how BCI divided everything up with all the coroners, LE, etc. from surrounding counties. They created teams and assigned different investigation teams to specific crime scenes. The probably did similar with investigators and others behind the scenes who had to coordinate evidence, removing bodies, temporary storage in refrig trailers and delivery to Hamilton County, etc.

ETA: The officer being interviewed now is the one who was flagged down by James and April Manley to respond to Dana's house. He's describing it, communications, etc. He said the Manleys were in a panic, very panicked. Dep Ball pulled up later.

 

[Seattle1]

I have never encountered this situation where witnesses are allowed to opt out of tv coverage. But I don't think there is anything illegal about it. I don't know what Ohio's laws are on this however. The witnesses are still testifying in open court, just not on TV. And I don't know that the Defense has objected have they?

^^BBM
In Ohio, since 1990, Amend 1997.

Local Rule 18. CONDITIONS FOR BROADCASTING AND PHOTOGRAPHING COURT OF CLAIMS PROCEEDINGS

1. Permission for Broadcasting, Recording by Electronic Means or Photographing. Except as supplemented by this rule, the provisions of Rule 11 of the Rules of Superintendence for Courts of Common Pleas shall be applicable to requests for permission to broadcast, record by electronic means or photograph proceedings in the court of claims.

[..]

8. Limitations.

• Audio Pickup of Conferences. There shall be no audio pickup or broadcast of conferences conducted in a courtroom between counsel and clients, co-counsel, or the trial judge and counsel.
• Jurors; Witnesses. The photographing, filming, videotaping, televising or recording of any juror shall not be permitted. The trial judge shall inform victims and witnesses of their right to object to being photographed, filmed, videotaped, televised or recorded and shall prohibit the photographing, filming, videotaping, televising or recording of any victim or witness who does object.
• Revocation of Permission. Upon the failure of any media representative to comply with the conditions prescribed by the trial judge, the Rules of Superintendence of the Supreme Court, or this Rule, the trial judge may revoke the permission to broadcast, photograph or record the trial or hearing.

Rules For Broadcasting - Ohio Court of Claims

ohiocourtofclaims.gov

ETA: Add Form -- election by the witness

https://twitter.com/x/status/1570092945881145345

 

[evelezrn]

It seems George can't even bring himself to look at the simple diagrams.

 

[Betty P]

Correct. Early on they formed a Task Force sort of. BCI took over very quickly and coordinated all the efforts. Sheriff Reader got it started, but BCI took over. They coordinated first responders from Pike, Scioto, Adams, all over

If you go to the Timelines & Media thread, you'll find the link to the Supreme Court Case by newspapers to view the victim final autopsies. Read the docs at the Ohio SC web site and you'll find testimony from the Pike County Coroner. He pretty well describes how BCI divided everything up with all the coroners, LE, etc. from surrounding counties. They created teams and assigned different investigation teams to specific crime scenes. The probably did similar with investigators and others behind the scenes who had to coordinate evidence, removing bodies, temporary storage in refrig trailers and delivery to Hamilton County, etc.

ETA: The officer being interviewed now is the one who was flagged down by James and April Manley to respond to Dana's house. He's describing it, communications, etc. He said the Manleys were in a panic, very panicked. Dep Ball pulled up later.

The investigation and prosecution was pretty much run by then Atty General DeWine (who is a former prosecutor) and his office. He coordinated prosecution duties between his office and the locals. He was the boss, but he made the local prosecutors part of the decision making process. He assigned Angela Canepa from his office, who worked with Junk. DeWine is now governor.

 

[Lucky 2]

^^BBM
In Ohio, since 1990, Amend 1997.

Local Rule 18. CONDITIONS FOR BROADCASTING AND PHOTOGRAPHING COURT OF CLAIMS PROCEEDINGS

1. Permission for Broadcasting, Recording by Electronic Means or Photographing. Except as supplemented by this rule, the provisions of Rule 11 of the Rules of Superintendence for Courts of Common Pleas shall be applicable to requests for permission to broadcast, record by electronic means or photograph proceedings in the court of claims.

[..]

8. Limitations.

• Audio Pickup of Conferences. There shall be no audio pickup or broadcast of conferences conducted in a courtroom between counsel and clients, co-counsel, or the trial judge and counsel.
• Jurors; Witnesses. The photographing, filming, videotaping, televising or recording of any juror shall not be permitted. The trial judge shall inform victims and witnesses of their right to object to being photographed, filmed, videotaped, televised or recorded and shall prohibit the photographing, filming, videotaping, televising or recording of any victim or witness who does object.
• Revocation of Permission. Upon the failure of any media representative to comply with the conditions prescribed by the trial judge, the Rules of Superintendence of the Supreme Court, or this Rule, the trial judge may revoke the permission to broadcast, photograph or record the trial or hearing.

Rules For Broadcasting - Ohio Court of Claims

ohiocourtofclaims.gov

Which yet again makes the trial not public. If you're putting an assault victim, rape or otherwise on the stand, sure. Undercover cop, sure. There are reasons, legitimate, to NOT broadcast those. Everyone else nope. You take the public part out unless you put it in a stadium where we all attend.

 

[rebelchild]

I love this prosecutors passion in his voice ..

 

[Lucky 2]

I love this prosecutors passion in his voice ..

He's at least easy to keep up with. Canepa I'm sure is knowledgeable, but please no more.

 

[Piffcat]

if this was my case id have gone bobbi joe/friend then james manley and then right to jake. reverse chronological order so the jury would feel the shock and horror of these crimes. then to angela to really drive home their disgusting ways her testimony will come off as evil no matter what she says, but the more detailed she goes on the family stuff the worse it will be.

i say this out of love for the families victims and hate for the wagners ac worries me with this approach especially with g4s saul goodman attorney. this trial is not a final review or a test for details. that would all be important if no one in the family talked and all we had was circumstantial evidence. jake is going to walk the jury thru the whole horrific night, besides eliminating other suspects, all these investigation details of searches does not matter. this is about one evil family so twisted evil hateful macabre satan spawn who decided they had the right to say who lives and who dies. to unleash this kind of sorrow into the world they didnt just kill those 8 people. the murdered all the survivors souls and spirit. get mad ac!!

 

[Seattle1]

Which yet again makes the trial not public. If you're putting an assault victim, rape or otherwise on the stand, sure. Undercover cop, sure. There are reasons, legitimate, to NOT broadcast those. Everyone else nope. You take the public part out unless you put it in a stadium where we all attend.

How is it not public when both the public and the MEDIA are allowed to attend the trial and report on the proceedings?

IMO, Ohio and Rule 18 to allow cameras/broadcasting from inside the courtroom are very much ahead of the rest of the country including the Feds where Canon 35 still prevails.

Under the Ohio Constitution, both their assemblymen and Supreme Court can adopt rules governing Ohio’s court system, including giving witnesses the right to opt-out of being recorded.

And for all that feel strongly about the opt-out choice in this courtroom, NOW is the time to take action to support or protest the new proposed Civil Rule 39(c), where a judge could order a video conferencing trial (“trial by Zoom”) at the request of a single party to the case, and grant that request “in whole or in part” against the opposing party’s wishes.

Stewart Introduces Legislation to Halt Trial by Zoom Rule

COLUMBUS - Representative Brian Stewart (R-Ashville) recently introduced legislation to eliminate the prospect of “trials by zoom,” which would be allowed under a new proposed rule from the Ohio Supreme Court.

ohiohouse.gov

 

[rescuemom]

Thanks for the explanation. I understand.

The problem is that GW4's defense team has now weaponized that particular topic in an attempt to harm the state's case against the Wagners.

We used to discuss it a lot here, but, JMO, now that Wagner defense attorneys are using the grow op subject to distract jurors and the public from feeling sympathy for the victims, <modsnip> JMO only.

ETA: From now on, the Wagner defense team is going to bring that topic up again and again with every relevant witness and relating to every relevant piece of evidence.

The defense will drop ideas that will probably not be addressed by prosecution hoping to leave the jury wondering why those ideas mentioned aren't addressed.. like the prosecution is hiding something...that's their job

 

[rescuemom]

Thanks for the explanation. I understand.

The problem is that GW4's defense team has now weaponized that particular topic in an attempt to harm the state's case against the Wagners.

We used to discuss it a lot here, but, JMO, now that Wagner defense attorneys are using the grow op subject to distract jurors and the public from feeling sympathy for the victims, <modsnip> JMO only.

ETA: From now on, the Wagner defense team is going to bring that topic up again and again with every relevant witness and relating to every relevant piece of evidence.

The defense will drop ideas that will probably not be addressed by prosecution hoping to leave the jury wondering why those ideas mentioned aren't addressed.. like the prosecution is hiding something...that's their job

 

[IType]

If she said George entered Frankie's trailer this is going to blow the states case out of the water. Right now the only real evidence (forensic) is that bloody shoe print at Dana's. How did he leave a bloody shoe print at Dana's and not Frankie's, since according to AC Dana's was the last place they went that night?

JMO

In reference to your earlier post about BW footprints not being mentioned so far, I think it is very possible that BW did leave footprints--considering the amount of blood at the scenes and BW and GW4 allegedly were the two who moved CRSR and GR's bodies. I also think the reason we haven't heard anything about BW footprints at all up to this point is because he and his team didn't participate in the Daubert hearing and this is not BW's trial. This is only GW4's trial and shoeprint evidence introduced would just pertain to him and maybe JW since he is testifying against his brother.

I think it is very possible that, if BW did leave footprints at any of the scenes, we may not hear about those footprints until BW's trial. Just a very uneducated guess on my part.

All JMO