OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #89

[Covert Operative]

This is September.

On November 13th 2018 a big thing occurred - 6 arrested .... 4 charged with murder; 2 charged with cover-up for the Rhoden family and Hannah Gilley murders.

In just a couple months it will be 7 years since this arrest. Billy has been stuck behind bars in jail for 7 years without a trial.

No wonder he tried to overturn his Speedy Trial thing. He gave up, in court, his Speedy Trial Rights, most likely at the behest of his attorneys. So years later he, in his hand writing, tried to circumvent his attorneys by writing his own Motion to take back his right to have a Speedy Trial.

I can see why he did that. It was a grave mistake in my opinion that he surrendered his Speedy Trial Rights. Had he gone to trial BEFORE Jake and Angela confessed and agreed to testify, well the jury might have thought there was not enough reasonable doubt to convict him on such heavy charges.

Am I the only one who wonders about this?

2 Cents and here is his Motion.....

Billy Wagner files his own motion in prison handwriting, demands speedy trial

One of the accused murderers in the Rhoden slaying has filed his own court motion behind prison bars. Billy Wagner, the patriarch of the Wagner family filed the one page motion with the Pike County…

sciotovalleyguardian.com

View attachment 614422

I bet he wishes many times he had went on with the speedy trial before they confessed. I am not sure now that they will testify and if not that their testimony can be used in his trial so it may put him right back where he was before they confessed.

I feel there will be some way to get their testimony from George's trial into Billy's trial unless it is up to the judge. In that case I doubt he would let it come in if there is any way he can prevent it.

 

[Covert Operative]

Here's my notes on that:

9/7/23 Update: Plaintiffs' Notice of Voluntary Dismissal of Plaintiffs' Complaint as to all Defendants Without Prejudice filed by Brian K. Duncan & Adam lee Newmann.

It looks like it was dismissed without prejudice - so I believe he can file again if he wants.

I wonder if there is a timeframe that you have to refile a civil case?

 

[WithstandingHybrid]

It did not get the national coverage that it should have in my opinion, compared to other cases.

I’m from Columbus and I cannot believe how little coverage this case gets, even in Ohio. It was all over the news when the news broke and rumors of drugs/cartels. Once the Wagners were arrested it was almost as if the media was disappointed that it wasn’t drug related. Two “hillbilly” families? Who cares.

 

[Cool Cats]

I bet he wishes many times he had went on with the speedy trial before they confessed. I am not sure now that they will testify and if not that their testimony can be used in his trial so it may put him right back where he was before they confessed.

I feel there will be some way to get their testimony from George's trial into Billy's trial unless it is up to the judge. In that case I doubt he would let it come in if there is any way he can prevent it.

This is serious. If J & A's testimony gets squashed the jury could have some doubt. However, to be honest, it is likely that many jury members were exposed to knowing something about J & As testimony.

It would be hard to let him go, in my opinion, if the jury is influenced by their testimony. Realistically, their testimony is just one click away and easy to find just by typing in their names.

I believe the jury will be fair and impartial with no bias but only to a point .... because of the aggravating factors, the heinous nature of this sickening crime, young mothers, babies, the photos of the victims. Wish I had not seen the photo of Frankie. Haunting.

2 Cents

 

[Betty P]

I bet he wishes many times he had went on with the speedy trial before they confessed. I am not sure now that they will testify and if not that their testimony can be used in his trial so it may put him right back where he was before they confessed.

I feel there will be some way to get their testimony from George's trial into Billy's trial unless it is up to the judge. In that case I doubt he would let it come in if there is any way he can prevent it.

I read in one of the recent Ohio news media articles that the previous trial transcript of the testimony of Jake and Angela can still be submitted as evidence. The judge (whomever that might be) will have a difficult time refusing the prosecution on that.

I also wonder if the long waiting period for appeals will result in Judge Hein permanently retiring. They may need to find another judge before this is over. Just speculation. I don't think Billy's (and his mother's) attorneys have quite as much control over the outcome as they believe. JMO

 

[joe jones]

I read in one of the recent Ohio news media articles that the previous trial transcript of the testimony of Jake and Angela can still be submitted as evidence. The judge (whomever that might be) will have a difficult time refusing the prosecution on that.

I also wonder if the long waiting period for appeals will result in Judge Hein permanently retiring. They may need to find another judge before this is over. Just speculation. I don't think Billy's (and his mother's) attorneys have quite as much control over the outcome as they believe. JMO

I don't think it would be allowed as BW won't be able to cross examine him, under normal circumstances but JW got a sweetheart deal so the state could argue he testified under oath, his initial deal was predicated on his telling the truth. If he now wished to say he lied under oath and he doesn't stand by his testimony then all deals are off DP back on table
May make him think again. and get him in court to testify again,

 

[joe jones]

Well there's still not trial date set, just in limbo until these appeals from the State are heard...or turned down. When will it be decided which it will be?

Has there been any movement on the state appeals?

 

[Niner]

Has there been any movement on the state appeals?

Not that I have seen.... the docket's last entry is in June.

 

[Betty P]

I don't think it would be allowed as BW won't be able to cross examine him, under normal circumstances but JW got a sweetheart deal so the state could argue he testified under oath, his initial deal was predicated on his telling the truth. If he now wished to say he lied under oath and he doesn't stand by his testimony then all deals are off DP back on table
May make him think again. and get him in court to testify again,

I think the written testimony from the previous trial can be admitted with instructions to the jury. Like you, IANAL, so we’ll have to see. One of the appeals has been turned down by the Ohio SC. Not a surprise as the majority of the judges there have zero experience as judges, prosecutors or trial attorneys. Their main qualification is not related to criminal law.

 

[Betty P]

Has there been any movement on the state appeals?

Not lately. It's an iffy proposition due to the makeup of the Ohio SC majority. Most have zero experience in prosecution or criminal law. Most have no prior judicial or trial experience.

That said, I think the state can still convict Billy W. The problem might be in getting the state general assembly to come up with the money to try him. It's not a budget priority to them.

It would be shocking to see Ohio dragged through the mud for allowing a mass murderer to go free just because the state had a nutty judge and refused to pay for a trial, but it could happen.

 

[sunshineray]

Has there been any movement on the state appeals?

I just looked on the Ohio SC website, at the Calendar for Oral Arguments and it's not listed on through to Dec 10 (the last entry).

Has the Ohio State SC even said they will hear the appeal?

Oral Argument Calendar » Supreme Court of Ohio

Each side is allowed 15 minutes for oral argument unless otherwise noted. Court convenes promptly at 9 a.m.

www.supremecourt.ohio.gov

 

[Betty P]

I just looked on the Ohio SC website, at the Calendar for Oral Arguments and it's not listed on through to Dec 10 (the last entry).

Has the Ohio State SC even said they will hear the appeal?

Oral Argument Calendar » Supreme Court of Ohio

Each side is allowed 15 minutes for oral argument unless otherwise noted. Court convenes promptly at 9 a.m.

www.supremecourt.ohio.gov

Yeah, searched too, under Billy’s name. Nothing listed. They probably conferred with the governor on the timing. State doesn’t want to pay for the trial. Statewide elections are next year.

 

[Covert Operative]

I just looked on the Ohio SC website, at the Calendar for Oral Arguments and it's not listed on through to Dec 10 (the last entry).

Has the Ohio State SC even said they will hear the appeal?

Oral Argument Calendar » Supreme Court of Ohio

Each side is allowed 15 minutes for oral argument unless otherwise noted. Court convenes promptly at 9 a.m.

www.supremecourt.ohio.gov

Which appeal do you mean? The oral arguments on the DP appeal for Billy was heard in June I believe.

[td]05/05/2025[/td][td]MAGISTRATE'S ORDER -- THIS MATTER IS SCHEDULED FOR ARGUMENT ON THURSDAY, JUNE 12, 2025 AT 10:00AM IN THE JACKSON COUNTY COURTHOUSE COPIES FILED EMILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS[/td]

 

[joe jones]

Which appeal do you mean? The oral arguments on the DP appeal for Billy was heard in June I believe.

[td]05/05/2025[/td][td]MAGISTRATE'S ORDER -- THIS MATTER IS SCHEDULED FOR ARGUMENT ON THURSDAY, JUNE 12, 2025 AT 10:00AM IN THE JACKSON COUNTY COURTHOUSE COPIES FILED EMILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS[/td]

I was looking for state appealing JW sentence

 

[ohno1234]

I was looking for state appealing JW sentence

Make sure you look under his real name, Edward Wagner

 

[joe jones]

If. their are funding issues they may offer BW a plea agreement, if JW sentence stands and he murdered 6 people, then BW might get a deal for killing two of the victims, and GW got the harshest penalty and killed none of the victims
For the. families it must seem astonishing that they are still not even done with the criminal trials,

 

[Niner]

Make sure you look under his real name, Edward Wagner

Okay - I just looked at my notes for these appeals (2) for Jake) - and here are the docket updates from my last date in my notes.

WAGNER, EDWARD JACOB Defendant 02/03/2025 2025CA000935 COURT OF APPEALS Open
Docket information:
Date Docket Text
04/02/2025 NOTICE OF TRANSMISSION OF RECORD TO COURT OF APPEALS
04/21/2025 ENTRY GRANTING APPLICATION FOR RECONSIDERATION AND GRANTING IN PART AND DENYING IN PART THE STATE'S MOTION FOR LEAVE TO APPEAL
COPIES FILED EMAILED AND MAILED TO COUNSEL, 4 TO COURT OF APPEALS
04/22/2025 BRIEF OF PLAINTIFF-APPELLANT STATE OF OHIO FILED
COPIES FILED EMAIL RETURNED TO COUNSEL, 4 MAILED TO COURT OF APPEALS
04/25/2025 MOTION TO STRIKE APPELLANT STATE OF OHIO'S FOURTH ASSIGNMENT OF ERROR FILED
COPIES RETURNED TO COUNSEL BY EMAIL, 4 MAILED TO COURT OF APPEALS
04/29/2025 MEMORANDUM OF PLAINTIFF-APPELLANT STATE OF OHIO OPPOSING DEFENDANT-APPELLEE'S MOTION TO STRIKE FOURTH ASSIGNMENT OF ERROR FILED
COPIES EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS
05/06/2025 MOTION FOR EXTENSION OF TIME TO FILE MERIT BRIEF FILED
COPIES FILED RETD TO COUNSEL BY EMAIL, 4 MAILED TO COURT OF APPEALS
05/19/2025 MAGISTRATE'S ORDER -- APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF IS GRANTED; APPELLEE SHALL FILE A BRIEF WITHIN 20 DAYS OF THE JOURNALIZATION OF THIS ORDER
COPIES FILED EMAILED TO COUNSEL, 4 TO COURT OF APPEALS
05/23/2025 ENTRY - APPELLEE'S MOTION TO STRIKE IS GRANTED; ANY REFERENCE TO THE FOURTH ASSIGNMENT OF ERROR IN APPELLAN'T BRIEF ARE STRIKEN AND SHALL BE DISREGARDED
COPIES FILED AND EMAILED AND MAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS
06/03/2025 NOTICE OF STATE'S MEMORANDUM IN SUPPORT OF JURISDICTION AND MOTION TO STAY BRIEFING FILED
COPIES FILED RETD TO COUNSEL BY EMAIL, 4 MAILED TO COURT OF APPEALS
06/05/2025 NOTICE OF APPEAL TO THE SUPREME COURT OF OHIO (CASE NO. 25-0742)
06/20/2025 ENTRY -- APPELLEE'S MOTION TO STAY IS GRANTED; ALL BRIEFING DEADLINES ARE STAYED UNTIL A DECISION OF THE SUPREME COURT OF OHIO IS ISSUED; APPELLEE'S BRIEF SHALL BE DUE WITHIN 20 DAYS OF THE FILING OF THAT DECISION
COPIES FILED MAILED TO COUNSEL, UNREPRESENTED PARTIES, 4 TO COURT OF APPEALS
08/26/2025 MOTION FOR EXTENSION OF TIME TO FILE MERIT BRIEF FILED (VIA FAX)
Attorney: EVANS, KATHLEEN
Attorney: GOODPASTER, CASSANDRA
08/26/2025 MOTION FOR EXTENSION OF TIME TO FILE MERIT BRIEF FILED (ORIGINAL)
Attorney: EVANS, KATHLEEN
Attorney: GOODPASTER, CASSANDRA
09/03/2025 SUPPLEMENTAL BRIEF OF PLAINTIFF-APPELLANT STATE OF OHIO FILED
COPIES FILED RETD TO COUNSEL BY EMAIL, 4 MAILED TO COURT OF APPEALS
09/03/2025 COPIES MADE
09/08/2025 ENTRY - THE SUPREME COURT OF OHIO DECLINES TO ACCEPT JURISDICTION OF THE APPEAL OF CASE 25CA935
09/15/2025 MAGISTRATE'S ORDER - APPELLEE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE HIS BRIEF IS GRANTED; APPELLEE SHALL FILE A BRIEF WITHIN 20 DAYS OF THE JOURNALIZATION OF THIS ORDER
COPIES FILED EMAILED TO COUNSEL
09/17/2025 MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF FILED
COPIES FILED RETD TO COUNSEL, 4 COPIES MAILED TO COURT OF APPEALS
09/26/2025 MAGISTRATE'S ORDER -- APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF IS GRANTED; APPELLEE SHALL FILE A BRIEF ON OR BEFORE OCTOBER 6, 2025
COPIES FILED MAILED/EMAILED TO COUNSEL AND UNREPRESENTED PARTIES



WAGNER, EDWARD JACOB Defendant 03/13/2025 2025CA000939 COURT OF APPEALS Open
Docket information
Date Docket Text
4/10/2025 MOTION TO DISMISS THE STATE'S APPEAL AND RESPONSE TO THE STATE'S MOTION FOR LEAVE TO APPEAL FILED
COPIES FILED RETD TO COUNSEL, 4 COPIES MAILED TO COURT OF APPEALS
04/21/2025 MEMORANDUM OF PLAINTIFF-APPELLANT STATE OF OHIO OPPOSING MOTION TO DISMISS FILED
COPIES FILED EMAIL RETURNED TO COUNSEL, 4 MAILED TO COURT OF APPEALS
04/22/2025 COPIES MADE
06/04/2025 ENTRY GRANTING IN PART AND DENYING IN PART THE STATE'S MOTION FOR LEAVE TO APPEAL; ENTRY DENYING WAGNER'S MOTION TO DISMISS; AND CONSOLIDATION ORDER FILED
COPIES FILED EMAILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS
06/20/2025 ENTRY -- APPELLEE'S MOTION TO STAY IS GRANTED; ALL BRIEFING DEADLINES ARE STAYED UNTIL A DECISION OF THE SUPREME COURT OF OHIO IS ISSUED; APPELLEE'S BRIEF SHALL BE DUE WITHIN 20 DAYS OF THE FILING OF THAT DECISION
COPIES FILED MAILED TO COUNSEL, UNREPRESENTED PARTIES, 4 TO COURT OF APPEALS
08/26/2025 MOTION FOR EXTENSION OF TIME TO FILE MERIT BRIEF (VIA FAX)
Attorney: EVANS, KATHLEEN
Attorney: GOODPASTER, CASSANDRA
08/26/2025 MOTION FOR EXTENSION OF TIME TO FILE MERIT BRIEF FILED (ORIGINAL)
Attorney: EVANS, KATHLEEN
Attorney: GOODPASTER, CASSANDRA
09/03/2025 SUPPLEMENTAL BRIEF OF PLAINTIFF-APPELLANT STATE OF OHIO FILED
COPIES FILED RETD TO COUNSEL BY EMAIL, 4 MAILED TO COURT OF APPEALS
09/15/2025 MAGISTRATE'S ORDER - APPELLEE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE HIS BRIEF IS GRANTED; APPELLEE SHALL FILE A BRIEF WITHIN 20 DAYS OF THE JOURNALIZATION OF THIS ORDER
COPIES FILED EMAILED TO COUNSEL
09/17/2025 MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF FILED
COPIES FILED RETD TO COUNSEL, 4 COPIES MAILED TO COURT OF APPEALS

link: https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=SiLDJnPhpxAknbOQN6W3zA

 

[sunshineray]

Which appeal do you mean? The oral arguments on the DP appeal for Billy was heard in June I believe.

[td]05/05/2025[/td][td]MAGISTRATE'S ORDER -- THIS MATTER IS SCHEDULED FOR ARGUMENT ON THURSDAY, JUNE 12, 2025 AT 10:00AM IN THE JACKSON COUNTY COURTHOUSE COPIES FILED EMILED TO COUNSEL, 4 MAILED TO COURT OF APPEALS[/td]

IIRC the prosecutors are appealing the lower courts decisions on the judge basically throwing out the plea agreement. So EJW's reduced sentencing on through to no DP for BW.

 

[Covert Operative]

IIRC the prosecutors are appealing the lower courts decisions on the judge basically throwing out the plea agreement. So EJW's reduced sentencing on through to no DP for BW.

Yes they are. It is still ongoing.