PIKE COUNTY, Ohio — In a significant escalation of the legal proceedings surrounding Ohio’s largest murder case, prosecutors have now requested that Judge Jonathan Hein be disqualified from overseeing the trials related to the 2016 Pike County massacre, where eight members of the Rhoden family were killed.
Judge Hein was appointed to manage the cases against four members of the Wagner family: George “Billy” Wagner, Angela Wagner, George Wagner IV, and Edward “Jake” Wagner, all charged in connection with these murders; he is the third Judge on the cases after two previous ones became ill due to old age. Angela and Jake Wagner have already accepted plea deals, admitting guilt to conspiracy to commit aggravated murder among other charges, to avoid facing the death penalty, but it is unknown if Judge Hein is going to honor those deals. Sentencing, despite plea deals, is the sole-discretion of the Judge within the confines of the law.
In 2022, George Wagner IV was convicted on multiple counts, including eight charges of aggravated murder, receiving a life sentence without parole. However, the prosecution has now turned its focus on Judge Hein, alleging in newly filed court documents that he has overstepped his role as an impartial judge. The documents claim that Hein has “improperly assisted the defense teams,” accusing him of acting more like “an advocate for the defense” rather than maintaining the neutrality expected of a judge.
This move by the prosecution follows Hein’s recent decisions, including his controversial choice to reconsider the death penalty for Billy Wagner and his announcement that the trial set for January 6 could not proceed until an appeals court rules on the death penalty issue. Hein responded to the complaint asking him to be removed by stating that there will be a delay in the trial, and that the prosecution is merely upset because they are not used to having a Judge stick to a case-time line. He cited ample time and missed deadlines that the state has failed to meet. As a result, he said he has had to step in and do what Judges do: oversee the case. In her filing, Capena says that Hein dislikes her and claims he is “hostile” toward her.
Last month, fireworks exploded in the courtroom between Canepa and Judge Hein, where she got into a shouting match at the Judge because she was not happy with his rulings.
The scheduled sentencing for Angela and Jake Wagner, which was due to take place on Tuesday, has been postponed amid this turmoil.
The prosecution’s request for Hein’s disqualification has been forwarded to the Ohio Supreme Court for review, causing further uncertainty over when and how the remaining trial and sentencings will proceed.
In addition, the matter about the death penalty being removed by Hein lays on the desks of the Four District Court of Appeals.