WAVERLY, Ohio — It was a blockbuster day on the eighth day of the George Wagner IV trial in Pike County.
The first half of the day in the trial was mundane, as BCI agent Todd Fortner resumed the stand to discuss ballistics at the crime scenes.
The defense called for a mistrial after lunch, saying that the jury was continuously being overly exposed to graphic crime scenes and autopsy photos. Defense attorney John Parker begged the judge to dismiss the case against his client by saying that the photos being shown on three large monitors in the courtroom were only being shown over and over to evoke anger in the jury.
The state argued back and said it was necessary to show the pictures in order to paint a picture of what happened during the homicides, and that it will all “make sense and come full circle” when co-defendant Jake Wagner testifies later in the trial. Judge Randy Deering denied the defense’s motion in open court.
It was only after lunch that things started to derail for the prosecution, and it came moments after the defense made their mistrial motion.
Prosecutor Angela Canepa had a stack of gruesome photos with her at the podium of victim Hannah Hazel Gilley; the photos were from the autopsy of the young woman. On the stand was Dr. Karen Looman, who conducted the examinations in 2016. Canepa went over more than a dozen photos of Gilley’s body being cut open by Looman. On numerous occasions, photos flashed on the screens that were not meant to be displayed in the gallery as fellow prosecutor Andy Wilson worked a computer to display the exhibits. Canepa and Wilson went back and forth on a dozen occasions, fumbling through the photos and passing them back and forth like they were Pokemon trading cards. In more instances than one, the photos were exposed to the family in multiple exchanges. The family of the Rhoden victims sat behind the prosecutors and became vividly emotional, while members of the jury would look away from the screens. At one point, Canepa told Looman, “I’m sorry, I can’t find the hand,” referring to a picture of Gilley’s hand during her autopsy.
Before the afternoon break, defense attorney John Parker spoke up to the judge and said that the state was wasting time going over unnecessary evidence; that it had nothing to do with the accusations of who killed who; and that it simply was not needed because the defense does not object to the evidence in question.
“I’ve sat on several death penalty cases and this, by far, is the worst job a prosecution has ever done in any case; let alone in a case that was billed as Ohio’s worst and most expensive homicide,” said attorney Tim Smith, who is a Guardian legal analyst. “The state is fumbling like the worst NFL team in the league.”
The afternoon was focused solely on autopsies of Frankie Rhoden and Hannah Gilley.
HANNAH GILLEY:
Hannah only had gunshots to her head, according to the deputy coroner with a total of five gunshot wounds. She was found laying in bed next to her fiance, Frankie. Her breasts were exposed from a maternity bra because she was breastfeeding a newborn baby; the baby was left to nurse on Hannah until the bodies were found. The baby was not injured.
The first bullet that Gilley was shot with went through her left eye, the doctor testified, rendering her “immediately unconscious.” Looman said she could not say for sure if Gilley was awake or asleep when she was shot because when the bullet went through the eye, the upper eyelid was not injured.
Gilley was shot with a .22 caliber gun, but the doctor could not tell if the gun used was a handgun or rifle.
Four bullets did not have exit wounds, while a fifth had a partial, according to the doctor, at the back of Gilley’s head. There were no illegal substances found in a toxicology report, however, a small amount of alcohol was found. Dr. Looman said that the alcohol was caused during decomposition.
She concluded the cause of death was “multiple gunshot wounds.”
Click here to read the autopsy of Hannah Hazel Gilley.
FRANKIE RHODEN:
Dr. Looman said Frankie had been shot three times and had blackened eyes. She said the black eyes were caused by the gunshot wounds because blood was “coming front” after Frankie was shot in his head.
Frankie was found with his arm above his head laying on his back, with his head laying to the right. He was shot in his left temple, once by his left ear; and once in his cheek. All the bullets were lodged inside his head, according to Dr. Looman.
She concluded the cause of death was “multiple gunshot wounds.”
The jury was released around 4 p.m. and will resume on Thursday.
Click here to read the autopsy of Clarence “Frankie” Rhoden.