Judge denies defense attorney’s request for mistrial in George Wagner’s murder trial
Is an open bedroom window at the back of a mobile home the way a killer entered the residence in order to take the lives of Frankie Rhoden and his fiance Hannah Hazel Gilley?It’s a question the prosecution and defense focused on during Ohio BCI Agent Todd Fortner’s time on the witness stand today.In a report he wrote after investigating the trailer where Frankie and Hannah were killed during the 2016 Pike County massacre, Fortner cast doubt on the window serving as an entryway.Prosecutor Andy Wilson pressed Fortner on that point during the 8th day of George Wagner IV’s murder trial.”Even though you said it was unlikely, based on your observations, was it impossible?” Special Prosecutor Andy Wilson asked Fortner.”No, it was possible. Like I said, it would take somebody smaller and more agile, but not impossible,” Fortner said.In an unusual twist, one of George Wagner’s attorneys, John Parker, suggested that the smaller, more agile person might have been Jake Wagner.Parker intimated as much before jurors returned from their lunch break, while asking the judge to declare a mistrial because of grisly crime scene photos shown to the jury.Parker said future testimony will point to George Wagner’s brother Jake as the one who entered Frankie and Hannah’s bedroom and killed them.While the jury has yet to hear any of that testimony, they did learn today that investigators collected evidence of the fatal gunshots Frankie Rhoden and Hannah Gilley suffered.”This is the area of the bedding where Frankie had been laying – and between Frankie and Hannah. And after we removed him, we did find a Rem-fired cartridge casing there,” Fortner said. “Rem denotes that it was manufactured by the Remington company.”As for Parker’s request that Judge Randy Deering declare a mistrial, it was overruled.Deering agreed with Special Prosecutor Angela Canepa, who argued that seeing the photos will help jurors connect the dots between eight murder victims and the four crime scenes where they died.Related coverage:
WAVERLY, Ohio —
Is an open bedroom window at the back of a mobile home the way a killer entered the residence in order to take the lives of Frankie Rhoden and his fiance Hannah Hazel Gilley?
It’s a question the prosecution and defense focused on during Ohio BCI Agent Todd Fortner’s time on the witness stand today.
In a report he wrote after investigating the trailer where Frankie and Hannah were killed during the 2016 Pike County massacre, Fortner cast doubt on the window serving as an entryway.
Prosecutor Andy Wilson pressed Fortner on that point during the 8th day of George Wagner IV’s murder trial.
“Even though you said it was unlikely, based on your observations, was it impossible?” Special Prosecutor Andy Wilson asked Fortner.
“No, it was possible. Like I said, it would take somebody smaller and more agile, but not impossible,” Fortner said.
In an unusual twist, one of George Wagner’s attorneys, John Parker, suggested that the smaller, more agile person might have been Jake Wagner.
Parker intimated as much before jurors returned from their lunch break, while asking the judge to declare a mistrial because of grisly crime scene photos shown to the jury.
Parker said future testimony will point to George Wagner’s brother Jake as the one who entered Frankie and Hannah’s bedroom and killed them.
While the jury has yet to hear any of that testimony, they did learn today that investigators collected evidence of the fatal gunshots Frankie Rhoden and Hannah Gilley suffered.
“This is the area of the bedding where Frankie had been laying – and between Frankie and Hannah. And after we removed him, we did find a Rem-fired cartridge casing there,” Fortner said. “Rem denotes that it was manufactured by the Remington company.”
As for Parker’s request that Judge Randy Deering declare a mistrial, it was overruled.
Deering agreed with Special Prosecutor Angela Canepa, who argued that seeing the photos will help jurors connect the dots between eight murder victims and the four crime scenes where they died.
Related coverage:
https://www.wlwt.com/article/defense-attorneys-request-for-mistrial-in-pike-county-murder-trial-overruled-by-judge/41320251
