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Pike County murder trial: No jury Monday as defense and prosecution argue over evidence

Wagner trial continues. Week 11
Posted at 9:00 AM, Nov 14, 2022
and last updated 2022-11-14 17:30:30-05

WAVERLY, Ohio — Neither the jury nor witnesses appeared in the Pike County murder trial Monday, as the prosecution and defense attorneys argued what evidence will be entered for jury deliberation in anticipation of a Rule 29 hearing.

Rule 29 hearings are typical procedures held after the prosecution rests its case — which happened on Thursday, before court adjourned for a long weekend.

During court Monday, the prosecution moved to admit the thousands of exhibits presented during its case. Defense attorneys are able to object to items one final time. What is officially admitted will be available to the jury during their deliberation.

Defense attorneys can also request the evidence prosecution entered be examined to determine whether there is sufficient evidence to obtain a conviction during the hearing. If the evidence is found to be insufficient, defense attorneys can request their client be acquitted of the charges.

On Monday, defense attorneys and the prosecution sorted through the evidence while defense attorneys identified which items they plan to object to, all while off the record. Judge Randy Deering returned to the courtroom just before 5 p.m., when the attorneys told him they hadn't resolved their arguments.

John Parker, one of George's attorneys, said the defense knew which items they would object to giving the jury, and both the defense and prosecution wanted to continue arguments into Monday evening. Instead, defense and prosecution decided to stay late to see if they could reach agreements on the objectionable items.

Deering determined attorneys would return Tuesday morning at 8:30 a.m. to argue their cases on the evidence; the jury will not be called in until noon.

The main items defense attorneys Parker and Richard Nash plan on objecting to pertain to photographs of the eight victims made during their autopsies and some taken at the four crime scenes. Defense argued their point that these photos — given the prosecution has accepted George never shot any of the victims — several times at the beginning of the trial, in September. Angela Canepa, special prosecutor, pointed this out and said the arguments they currently face are ones that have already been brought up in the past.

George Wagner IV — along with his mother Angela, father George "Billy" Wagner and brother Edward "Jake" Wagner — is accused of shooting and killing the Rhoden family members "execution-style." The family's bodies were found on April 22, 2016. He faces eight charges of aggravated murder, along with other charges associated with tampering with evidence, conspiracy and forgery.

Found dead that day were 40-year-old Christopher Rhoden Sr., 37-year-old Dana Rhoden, 20-year-old Hannah "Hazel" Gilley, 16-year-old Christopher Rhoden Jr., 20-year-old Clarence "Frankie" Rhoden, 37-year-old Gary Rhoden, 19-year-old Hanna May Rhoden, and 44-year-old Kenneth Rhoden.

The trial is the first time a person has faced a jury for the deaths of the Rhoden family six years ago.

You can read recaps of each day of the trial in our coverage below:

You can watch Thursday's proceedings in the player below:

Watch opening statements below: