One of four original suspects in the 2016 Pike County massacre case is appealing his conviction for the crimes.

George Wagner IV claims there were nine errors in his fall 2022 trial, where a jury found him guilty on 22 counts related to the shooting deaths of seven members of Pike County’s Rhoden family and one future member.

“There is a reasonable probability that jurors were swayed by their errors, which demands reversal and a new trial,” according to the appeal, filed Monday with the Ohio Court of Appeals.

Jurors influenced by ‘gruesome’ photos

The appeal says the Pike County Common Pleas Court, where Wagner was tried, erred by allowing state prosecutors to:

• Seat only jurors willing to consider the death penalty for Wagner, “a group statistically more likely to enter a conviction.” Prosecutors withdrew that possibility just before the jury reached its verdict.

• Seat jurors with ties to victims and then influence them with “gruesome” victim photos and grieving survivors.

• Assert that Wagner’s defense attorneys coached him to lie about his involvement in the crimes.

• Present evidence about crimes and guns not tied to the Rhoden killings. Those served only to connect George Wagner to criminal acts of his family, the appeal says. That includes his mother and brother, who admitted their roles in the killings, and his father, who will be tried in the case next year.

“It is impossible to say beyond a reasonable doubt that jurors did not lose their way and convict George because they thought he was just like his criminal family members,” the appeal says.

Prosecutors have 60 days to respond

Lawyers involved in the original trial did not immediately respond to requests for comment. Louis E. Grube, Wagner’s Cleveland-based appeal attorney, declined comment.

Prosecutors have 60 days to file a formal response.

After Wagner was convicted, former Pike County Common Pleas Judge Randy Deering sentenced him to eight consecutive life sentences – one for each victim – and 121 more years for other offenses.

In 2023, Wagner was transferred from an Ohio prison to one in Rhode Island. Wagner remains outside Ohio, Ohio Department of Rehabilitation and Correction Chief of Communications JoEllen Smith said Tuesday. She said she could not confirm his location for security reasons.

Wagner’s father to be tried next

Trial for Billy Wagner – facing the same 22 charges that sent his son to prison – is set to start Jan. 6 in Pike County.

A new visiting judge took over that case last week from visiting Judge R. Alan Corbin, with Corbin telling the Enquirer that “health issues led to my total retirement.”

Billy Wagner’s attorney did not immediately respond to questions about whether the change in judges would delay that trial’s start.

This article originally appeared on Cincinnati Enquirer: What’s new in Pike County case?