Rhoden family killings: Prosecutors and defense rest case, jurors get Thanksgiving week off

After nearly three months, thousands of pieces of evidence and dozens of witnesses, prosecutors and defense lawyers in Ohio largest, most complex and likely most costly criminal trial rested Friday.

The last witness to take the stand in his own defense was George Wagner IV, 31, who denied he knew about his family's plan to kill eight members of a southern Ohio family in April 2016. Wagner IV also denied any involvement in the slayings or in the cover-up of the crimes, despite his brother's testimony that directly contradicted his claim.

Wagner IV faces eight counts of aggravated murder and conspiracy in the April 21-22 killings of eight members of the Rhoden family, all of whom were shot to death as most of them slept. Prosecutors have said the motive was the custody of a then-toddler the two families shared, whom the Wagners believed may have been molested by Rhoden family members — a claim that was never substantiated.

“Your honor, the state of Ohio has no further witnesses, and the state of Ohio officially rests," said Pike County prosecutor Rob Junk said.

Pike County Common Pleas Judge Randy Deering told jurors Friday "the evidence is in,'' as he excused them until Monday, Nov. 28, when the state and the defense will offer their closing statements in a case that has pitted family members against family members.

Judge Randy Deering listens as Special Prosecutor Angela Canepa questions George Wagner IV. (Brooke LaValley, Columbus Dispatch)

Those closing statements and his instructions to the jury are both expected to be lengthy, Deering said. Jurors, he added, should expect to begin their deliberations on either Nov. 29 or 30.

The lawyers work is not done, however. Prosecutors and defense lawyers will reconvene on Monday, Nov. 21 to argue outstanding legal issues in the case, including a Rule 29 hearing.

That hearing, which is fairly routine, is when defense lawyers will ask Deering to acquit their client for lack of evidence. Deering will likely deny the request.

The defense team and prosecutors leave a sidebar with Judge Randy Deering during testimony from George Wagner IV, during his trial, Wednesday Nov. 16, 2022 in Pike County Common Pleas Court in Waverly, Ohio. (L-R) John P. Parker, defense, D. Andrew Wilson, Ohio special prosecutor, Angela Canepa, Ohio special prosecutor, Richard M. Nash Jr., defense, and Pike County Prosecutor Rob Junk. Wagner’s upbringing. Judge Randy Deering presides. Eight members of the Rhoden family were found shot to death at four different locations on April 21-22, 2016. Wagner’s brother Jake Wagner and mom, Angela Wagner, have already pleaded guilty. George’s dad, George “Billy” Wagner III will go on trial in 2023. (Liz Dufour, Cincinnati Enquirer)

Prosecutors also need to drop the death penalty specifications against Wagner IV, which needs to happen before the jury of nine women and three men begin deliberating.

Prosecutors agreed to drop the death penalty against all the Wagners if Edward "Jake" Wagner — who pleaded guilty more than a year ago in the case — testified truthfully against his family members.