WAVERLY, Ohio — The trial of a man facing eight charges of aggravated murder continued Tuesday after defense attorneys began to argue their case at the start of the week; this week will be a mixed bag of witnesses, however, because the prosecution still has evidence to present.
The defense was told by the prosecution they could call their witnesses beginning Monday, but a delay in the trial Friday hindered the prosecution's ability to wrap their case on schedule. Because witnesses were already scheduled to appear Monday, the defense opened their case with their witnesses, but the prosecution will still have the opportunity to finish their case this week.
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.
After hearing from defense attorney's witnesses on Monday, the court pivoted back to the prosecution's case on Tuesday. Court resumed with Ryan Scheiderer, the lead agent on the investigation for the Ohio Bureau of Criminal Investigations, on the stand for cross examination.
John Parker, one of George's defense attorneys, began by questioning Scheiderer about photographs shown the day before depicting a re-enactment performed to show how a false truck bed was constructed in the pick-up used as transportation the nights of the murders. Scheiderer said the construction of the false bed was based on testimony given by Jake in court earlier in the trial.
In the photos, two BCI volunteers larger than both Jake and George were depicted lying in the bed of the pick-up, beneath the false bed crafted from plyboard and two-by-fours.
Parker asked Scheiderer when the photographs of the re-enactment were taken; Scheiderer said the whole thing took place after Jake's testimony.
Scheiderer was asked a series of questions: Did the re-enactment involve the agents lying under the false bed for up to 20 to 40 minutes? Were the agents in the bed with the back closed while the truck was running? Did Scheiderer check to see whether exhaust from the truck leaked into the bed under those circumstances? Did he place bales of hay or straw atop the boards, as Jake said he had, to see how the false bed bore their weight? Did they drive the truck around with those bales to see if any of them fell out?
For each question, Scheiderer replied he had not.
As the prosecution did Monday, Parker then questioned Scheiderer heavily about the move The Boondock Saints and its sequel, pointing out that there are many details surrounding this case that don't match the content of the movies — not the least of which was that a 9mm Beretta was never actually used in this case, Parker pointed out. Canepa later, during redirect, countered that the Beretta was intended to be a murder weapon that night, but the barrel was severely damaged when Jake test fired it with a homemade silencer made from a flashlight attached.
Parker walked Scheiderer through the details of the case, many of which don't have anything in common with the movie. When he moved on to asking about the plot of Boondock Saints 2, Scheiderer sighed. He agreed that many details of that movie didn't match the Rhoden murders.
Questioning moved on to a stack of documents handed to Scheiderer detailing evidence collected throughout the scope of the investigation and documents seeking warrants for various searches, including the warrants sought for wiretaps. Parker pointed out that, among the documents, certain "provocative acts" were listed as having been performed by investigators.
Scheiderer explained those were things agents did while listening in on bugs planted around the Wagners in the hopes those actions would spark important conversation.
"You're trying to get them to say something?" asked Parker.
"Yes, we want them to discuss things for the investigation," said Scheiderer.
Among those actions was filing the subpoena to bring George and Jake's grandmother, Rita Newcomb, in for a handwriting sample and the various search warrants executed on different Wagner-owned properties. Parker asked whether that behavior was sneaky, but the prosecution objected. Scheiderer stressed these kinds of actions were standard when listening devices were in place during an investigation.
During redirect, Canepa pointed out that, in The Boondock Saints 2, the main characters' father uses a Glock handgun to shoot his childhood friend at point-blank range — similar to the way Billy shot Chris Sr. and Gary — and that bodies were dragged in the movies.
She also asked Scheiderer whether some of the things done to provoke the Wagners while they were being listened to were actions agents planned to take regardless; he agreed.
After Scheiderer stepped down from the stand, Judge Randy Deering advised the jury that information they heard presented Monday and Tuesday about The Boondock Saints movies should be weighed carefully by the jurors themselves, who should determine whether they've heard enough evidence to determine the relevancy of the fictional plots to the details of the actual case.
Court then recessed for a lengthy lunch break and, when they returned in the afternoon it was without the jury. The prosecution and defense attorneys argued for nearly two hours about the content of wiretap recordings the prosecution plans to play and whether all of them were relevant to the case.
The same wiretap recordings and transcripts the prosecution wants to provide the jury as a "listening aid" were the subject of Friday's cancelation of trial. Deering ruled then that the weekend would be necessary for he and defense attorneys to comb through all of the transcripts.
During Tuesday's post-lunch hearing, Parker argued that many of the wiretap recordings the prosecution sought to play held little or no probative value to the trial.
Deering went through the transcripts item by item, with Parker and George's other defense attorney, Richard Nash, informing him to which recordings they objected. From there, the defense and prosecution argued their sides until Deering ruled on whether he felt the item had value. In the end, several of the recordings were thrown out as Deering sustained the defense's objections, though most of the recordings will still stand.
Clarity in the recordings also played a role in the arguments; Parker and Nash argued that if the recordings were clear and easy to hear — and some of them are, Parker said — the transcripts were not needed as any kind of listening aid. Other recordings were questioned because their meanings were unclear and it was too difficult to understand the topic of discussion; Deering ruled at least one of those recordings would be off the table.
After arguing for nearly two hours, Deering brought the jury in and dismissed them for the day.
The attorneys will return at 8 a.m. Wednesday morning to continue arguments about the wiretap recordings, with the jury instructed to return at 9:30 a.m.
You can read recaps of each day of the trial in our coverage below:
- 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 the day's proceedings in the player below:
Watch opening statements below:
