CHILLICOTHE, Ohio — Lawyers for George Wagner IV, convicted in the 2016 Pike County massacre, argued Thursday before the Ohio Fourth District Court of Appeals for a new trial, citing an unfair initial trial. The hearing, held before two judges due to a third judge’s absence, focused on a plea deal involving Wagner’s brother and the death penalty.

Wagner was convicted in November 2022 on all charges for the murders of seven Rhoden family members and Hannah Gilley. Though he did not directly commit the killings, evidence showed he planned and concealed the crimes. He received a life sentence without parole in December 2022.

Defense attorney Louis Grube argued that a plea deal with Jake Wagner, George’s younger brother, compromised the trial’s fairness. The deal removed the death penalty from George’s case contingent on Jake’s testimony satisfying prosecutors. Grube said this allowed prosecutors to improperly influence the trial’s outcome.

Assistant Attorney General Steve Taylor defended the plea deal, calling provisions for truthful testimony standard in cases involving cooperating defendants.

The defense also alleged prosecutorial misconduct, claiming prosecutors wrongly suggested defense attorneys knew Wagner lied about his role and coached his testimony.

The absent judge will review a video of the proceedings. A decision is expected within 60 days.

Jake Wagner received a life sentence with parole eligibility after 30 years, while their mother, Angela Wagner, was sentenced to at least 30 years. Their father, George “Billy” Wagner, awaits trial, with the death penalty’s removal from his case under appeal.

Prosecutors declined to comment. Wagner’s attorneys did not disclose his current location but said he is hopeful for a new trial and trusts the appeals process. Wagner was previously transferred from Ohio’s prison system for security reasons.