Final Pike County massacre suspect sends letter to judge: ‘No one explains anything to me’

WAVERLY, Ohio (WXIX) - The final suspect to be tried for the 2016 Pike County massacre is asking the judge for a hearing before his upcoming murder trial “because no one explains anything to me.”

George “Billy” Wagner III claims in his letter to Pike County Common Pleas Court Visiting Judge Jonathan Hein that he’s being kept in the dark about his case:

“The only thing anybody tells me is a bunch of lies.”

Wagner remains in custody at the Pickaway County Jail.

Another inmate wrote the letter on Wagner’s behalf. He is legally deaf in his left ear and “I cannot read and write well,” according to the letter.

Wagner has pleaded not guilty to all 22 charges, including eight counts of aggravated murder.

His murder trial has been delayed several times due to various legal challenges, but recently, the judge set the start date for Jan. 11.

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READ THE LETTER HERE

No longer abiding by gag order

Wagner’s letter voices frustration over what he characterizes as an unfair gag order that prevents him from speaking out while others do.

“For the last eight years, I have kept my mouth shut, I was told by the court there was a gag order. Anything that I had to say had to go through my attorney. I have complied fully with that but no more,” the letter states.

“I’m the only one who has complied with the gag order. Every(one) from the prosecutor (to) the governor has broke the gag order. These issues are not really the problem I’m having, but I thought I would mention it”

His letter was mentioned for the first time in the court docket Monday, when the judge received it in the mail, court records show.

FOX19 NOW is reaching out for comment to all parties, including Wagner’s attorneys and the judge.

Attorney Jay Clark, who is not affiliated with this case, says this is a common pattern.

“Clients will send letters to the judge, usually almost always when clients are locked up,” Clark says. “If I represent you, you call me, but they don’t have that ability.”

He says if Wagner gets new counsel, that could mean another major delay in the capital case.

“Having to replace the counsel — that’s going to greatly impact the timeline. I think the trial is set for January; you’re not going to have a January trial. You’re going to have to get two lawyers up to speed on everything we just talked about.”

State asks judge to revisit change of venue

In other new developments in the case Monday, Special Prosecutors Angela Canepa and Ron O’Brien filed a motion asking the judge to toss out his November 2024 order partially granting a defense motion for a change of venue for the trial.

It’s considered a partial order because he’s yet to announce where the trial will be held.

In the meantime, the state’s motion says a “good faith” effort should be made to impanel a jury in Pike County first, and fully take the victims’ statutory and constitutional rights under Marsy’s Law into account.

Moving the trial to a distant county, the state’s motion warns, would “substantially impair” the right of a victim representative, identified as T.R., and other family members to attend the proceedings in person.

Prosecutors also raised concerns that failing to disclose which county the trial is being moved to frustrates the ability of the victims’ families to appeal the venue change promptly before the trial starts.

The victims’ relatives attended every day of Wagner’s oldest son’s lengthy murder trial nearly four years ago, the motion points out. George Wagner IV was convicted of all charges and is appealing.

The family members have also consistently asserted their desire to be physically present.

The state rejects Hein’s previous suggestion that “live streaming” would satisfy this requirement.

“The constitutional and statutory rights to be present involve the right to be personally present, not just through watching a live stream,” the state wrote.

Watching a broadcast is not a substitute for being physically present to witness courtroom events and confer directly with prosecutors, the filing states.

The change of venue is just one in a series of controversial decisions the judge made once he was appointed to the case that have caused massive delays.

The appeals court has upheld the change of venue but overturned his sentences of Jake and Angela Wagner and removed the death penalty as a sentencing option for Billy Wagner.

Victim’s family demands judge disclose trial location

Another new motion filed Monday is from the Ohio Crime Justice Center on behalf of T.R., a surviving family member of the victims acting as the representative for all of them.

“In this case, Wagner’s criminal offenses are the direct and proximate cause of emotional, psychological, and financial harm to Victim T.R. Due to the close relationship between siblings, he undoubtedly is suffering emotionally and psychologically from the murder of his brother,” the court filing states.

T.R.’s motion is in response to a deadline recently set by the judge for motions “regarding any perceived deficiencies” of victims’ rights due to the venue change.

T.R. is demanding the judge immediately disclose where Billy Wagner’s trial will be held.

Withholding the location violates their constitutional rights to notice and presence at all public proceedings under Ohio’s Marsy’s Law, T.R.’s motion contends, echoing reasoning in the state’s motion as well.

T.R. and all the victims’ families attending the trial to represent their loved ones are also legally stuck without it.

They only have a certain amount of time to appeal the new venue now that Hein has set the trial date.

But they can’t coordinate travel, arrange time off work - or ask a higher court to overturn the venue change ”until the actual distance from Pike County to the venue of the trial is identified” by the judge, the motion states.

T.R.’s motion also says “virtual attendance” is an insufficient substitute for in-person presence at the trial.

“This Court has consistently claimed that virtual attendance by the victims would be sufficient to uphold their rights. However, this is not a determination for the Court to make...

“The victims must be afforded meaningful notice of the trial proceedings, including the location of the trial, in order to assert and exercise their rights in the manner they choose.”

Trial delay is possible: Legal analysis

Billy Wagner’s letter to the judge could delay his upcoming trial.

In Ohio, when a criminal defendant asks for new legal representation, the judge has a duty to conduct a brief inquiry into the reasons for the dissatisfaction.

While Wagner’s letter doesn’t specifically request that, it clearly alleges he feels he’s being lied to and isn’t being kept informed about his case.

However, the legal burden will be on him to show “good cause,” such as a complete breakdown in communication or an actual conflict of interest, if this turns into a situation where he asks for new representation.

“Given the nature of the case and Wagner’s comments, I expect the judge will have a hearing to get an understanding of the issues to determine if they can be resolved,” said Cincinnati defense attorney Jay Clark, who has been practicing law for more than 35 years.

“It may be a case of not understanding. I know that sounds silly, but it does and can happen. Clients not liking to hear what the attorney is telling them happens all the time.”

Sometimes, he said, issues between a defendant and attorney can be worked out.

“If they can’t, new counsel will most likely be appointed,” Clark said.

Since this is such a complex murder case with the death penalty a possible sentence upon conviction, the court must assign at least two qualified attorneys for capital trials, appeals and post-conviction proceedings.

In this case, the lead attorney is Mark Collins, who handles major motions, trial strategy and court appearances, with Thomas Hayes assisting.

A separate lawyer has handled his appeals.

The legal defense for all of the Wagners is being funded by the state of Ohio.

All four Wagner family members were ruled indigents, lacking the financial means to hire private attorneys.

That means all their defense attorneys, expert witnesses and court expenses are paid for through taxpayer money.

The Pike County massacre remains the state’s largest and most expensive homicide case to date.

The investigation and prosecution have cost at least $4 million so far, and the state is administering the cost to prevent crippling the small county’s annual budget, according to local and state officials.

Families still wait for justice

April marked the 10th anniversary of the Pike County massacre.

The victims’ relatives are still seeking justice and closure.

Most of the victims were gunned down execution-style as they slept in their homes overnight April 21-22, 2016.

They are: Christopher Rhoden Sr., 40; his older brother, Kenneth Rhoden, 44; his cousin, Gary Rhoden, 38; Chris Rhoden Sr.’s former wife, Dana Lynn Rhoden, 37, and their children: Clarence “Frankie” Rhoden, 20, Hanna May Rhoden, 19, Christopher Rhoden Jr., 16, and Frankie’s fiancé, Hannah “Hazel” Gilley, 20.

Two infants and a toddler were spared by the killers and left behind at the murder scenes: a 5-day-old baby girl, a 6-month-old baby boy and a 3-year-old boy.

One of the victims’ relatives, Dana Rhoden’s father Leonard Maney, died in 2021 and never saw justice for his daughter.

Complete Coverage | Pike County Massacre

Massacre motive: Custody of young girl

Prosecutors said the motive in the murders was the custody of a child who was not at the murder scenes: the young daughter of Jake Wagner and one of the victims he confessed to shooting in the head twice, his ex-girlfriend, Hanna May Rhoden.

Jake Wagner and Hanna May Rhoden began dating when she was 13 and he was 18.

She became pregnant at 15 with Sophia, who was born in the fall of 2013.

Hanna May Rhoden broke up with him in 2015. He confirmed when he testified at his brother’s trial that he didn’t want the relationship to end.

She had a second child, a baby girl, with another man just days before the massacre.

The Wagner family purposely waited until after that baby was born before carrying out their deadly attack on the Rhodens, Jake Wagner testified.

Sophia was at home with Angela Wagner at the time of the homicides.

After the killings, Jake Wagner was temporarily awarded custody of the girl.

She was placed in the custody of child protective services when the Wagners were arrested in November of 2018.

Today, she is 12 years old.

Her whereabouts are not publicly revealed to protect her privacy.

Jake Wagner says his dad shot 5, killing 3

Jake Wagner testified for the state during his older brother’s trial as part of his plea deal with prosecutors.

He said under oath he personally shot and killed four other victims besides the mother of his child.

In graphic detail, he described how he also killed Hanna May’s mother, two of her brothers and her oldest brother’s fiancée.

Jake Wagner revealed he shot and injured her father, Christopher Rhoden, Sr.

He disclosed that his brother was supposed to shoot Christopher Rhoden Sr., but froze, so he took his brother’s SKS rifle and pulled the trigger.

Jake and Angela Wagner’s testimony during George Wagner IV’s trial detailed Billy Wagner’s involvement in the homicides and made it clear that he killed three of the victims and shot two additional ones.

According to Jake Wagner’s testimony, Billy Wagner shot and killed Christopher Rhoden Sr., Gary Rhoden and Kenneth Rhoden and shot Frankie Rhoden and Hannah Hazel Gilley.

They are expected to testify now against Billy Wagner.

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