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:
- The prosecution rests its case after playing final wiretap recordings
- 'We get electrocuted...it's your fault," George told his brother in wiretap
- Jury dismissed early again over disagreements on wiretap recordings
- Prosecution tries to tie murder plot to movie plot
- Trial postponed to Monday over evidentiary issues
- Murders were about protection, not custody, said Angela
- Angela told the prosecution bloody shoeprints belonged to George
- Angela Wagner called to stand, opted out of recording
- Investigators describe recovering, testing murder weapons
- Jake Wagner finishes testimony as seventh week of trial wrapped up
- Photos of murder weapons are shown for first time as Jake testifies for third day
- Jake Wagner 'could not bear to think' or speak about his crimes after the murders
- 'I felt I had no other choice than to kill Hanna,' Jake Wagner told jury
- 'I was afraid they were going to kill me,' Jake's ex-wife testifies
- Texts between Hanna Rhoden and Jake Wagner detail ongoing custody argument
- Witnesses describe intertwined Wagner finances and a device found inside a well
- Clandestine recordings made by Jake, Wagner family finances presented
- Wire taps played for jury as court enters sixth week of testimony
- George Wagner IV's grandmother testifies
- Interview with Angela played for jury, Angela's half brother takes stand
- Texts highlight Wagner family dynamic, purchases for possible silencer
- Dozens of guns collected in search of Flying W Farm, but no murder weapons
- Jury shown evidence collected from Wagner belongings
- Evidence collected on Wagner property presented
- BCI agents testified to evidence
- Ex-wife of George Wagner IV describes 'strange and controlling' Wagner home
- Jury hears from George Wagner IV's ex-wife as fourth week of testimony begins
- Family members tearfully describe the day of the homicides
- Bloody shoe prints, cell phone records are focus
- Experts testify about ballistics, shoeprint evidence
- Third week of trial moves on to Kenneth Rhoden's home
- Evidence presented from third crime scene
- Scene where Dana, Chris. Jr and Hanna May Rhoden were killed is focus
- Testimony focuses on second of four crime scenes
- Coroner describes two of eight victims autopsied
- Forensic testimony continues into Monday
- Forensic evidence takes center stage
- Testimony centers on Kenneth Rhoden, final victim discovered
- Emergency responders testify about chaotic scenes
- Witnesses describe discovering their family members' bodies
- Opening statements detail grisly moments in the six-year-old murder case
- Read a full timeline of the Pike County murder investigation
You can watch Thursday's proceedings in the player below:
Watch opening statements below:
