Graves: Another courtroom battle brewing in Rhoden case?
There is nothing Tony Rhoden wants more than justice.
And he's equally committed to upholding his responsibility to his family.
Those two things should not be at odds. But in the case of the Rhoden family massacre -- where little is simple and much remains shrouded in secrecy -- they are.
In order to understand Rhoden's current angst, you have to rewind to that eerie, macabre scene back in May when four crime scenes were hauled down the Appalachian Highway to be stored as evidence in what is shaping up to be one of the most complex homicide investigations in the state's history.
To Rhoden, those three trailers and a camper are the homes of eight family members fatally shot April 22. To the state, they remain key evidence.
And they will remain as such, Ohio Attorney General Mike DeWine has said, if and until there is a trial in the case.
Therein lies the rub.
It all sounded like a great idea at the time, when state officials explained their plan to family members as the trailers were literally were being extricated from their concrete slabs on Union Hill Road and Left Fork Road in Pike and Scioto counties. They were hauled to, and remain stored at, a warehouse miles away in Waverly, Ohio.
If taking them meant a killer could be caught and ultimately convicted, why not take them?
No one wants that more than Rhoden and his extended family. No one. Not even the state.
But he said last month that if he had known the investigation would be headed into its sixth month, with no end in sight, he may have thought again.
Sealing the trailers has created unforeseen complications in an already complicated case. No one can enter the homes without a court order or search warrant, including law enforcement.
For family members that has meant they can't retrieve family keepsakes, photos or legal paperwork that may be stored inside each. Nor can they complete an inventory of property, a necessary legal step in the multiple probate cases now snarled up in court. Nor can they sell the trailers in order to pay debts and other bills. In fact, Rhoden said, he is continuing to pay the loan on the land and trailer his brother bought his sister-in-law and her children a month before the massacre.
Mostly though, they can't start the healing process until they can finish the mundane and necessary steps that come with death. And in this case, eight unexpected deaths.
And Rhoden, a patient man of relatively few words who believes in the justice system, is growing frustrated.
"I don't know how to even do all these inventories and there are deadlines. How do I do that?" asked Rhoden, who has been appointed to execute the estates of his brother, Chris Rhoden, Sr.; his nephew, Clarence "Frankie" Rhoden; and his niece, Hanna Rhoden. "When will I be able to do that?
"I think it would help my mom if I could get pictures out of those dwellings for her," he added recently. "But I can't."
Surviving family starts sorting out estates in Pike County
Killed were Tony's brother, Christopher Rhoden Sr., 40; his sister-in-law Dana Rhoden, 37; his two nephews, Clarence "Frankie" Rhoden, 20, and Christopher Rhoden Jr., 16; and his niece, Hanna Rhoden, 19. Frankie Rhoden's fiancee Hannah Gilley, 20; Tony Rhoden Sr.'s brother Kenneth Rhoden, 44; and a cousin, Gary Rhoden, 38, were also slain. Authorities have said the killings were well-planned, taking place in the dark of night inside three trailers and a camper while many of the victims slept.
Kendra Rhoden, the daughter of Kenneth Rhoden, is the executor of her dad's estate. She, too, would like access to his camper and his personal things. But, she said her dad taught her to be patient and she's trying to be understanding of the process.
"It does kind of limit our grieving and yes it's odd. I have never heard of or seen where they took entire homes for such cases, a lot of people find it odd," she said. "But there is a reason for it, believe me there is ... it's for a very good reason that does make sense."
She declined to elaborate.
Experts agree moving entire crime scenes is novel, especially in an era with advanced forensics and technology that can re-create crime scenes using three-dimensional modeling to help jurors see how a crime was committed.
But that's about all they agree on. Some say the move by the AG was bold and necessary to achieve conviction; others called it overreach and "amateurish."
"They aren't handling this professionally," said Lawrence Kobilinsky, a professor of forensic science and chair of the sciences department at John Jay College of Criminal Justice in New York. "You have possession of a crime scene, you review, photograph and document and then you turn it back to the owners. They have an ethical and moral obligation to return it together, intact.
"This is crazy. It's not fair. It's not right," he said.
But Christo Lassiter and Mike Allen called DeWine's move bold and necessary in the highly unusual case, with no know suspects nor motive. A Pike County Common Pleas Court Judge approved the order to move the trailers, along with two others. Those orders all remain sealed in Pike County, as do 26 search warrants in the case.
"There may be clues there that are relevant, without which they may not be able to capture the killer," said Lassiter, a professor of law and criminal justice at the University of Cincinnati's College of Law.
Allen, the former Hamilton County prosecutor, said he agreed with the AG's move, but can't imagine the trailers would sit for years without the family gaining some access to them.
At some point, the probate matters will need to be resolved.
But how?
Most likely as it all began: With a court order. Although this time, the family likely will have to pay a lawyer to file the paperwork to get a court hearing to maybe gain access to the homes.
Surely, there's got to be a better way to treat victims then making them go to court to get access to photo albums and family Bibles.
Reward offered
Anyone with information related to the case is asked to call Southern Ohio Crime Stoppers at 740-773-TIPS. Anonymous tips are still being taken at the Ohio Bureau of Criminal Investigation at 855-BCI-OHIO (224-6446) or the Pike County Sheriff's Office at 740-947-2111.
A $10,000 Crime Stoppers reward would be paid for any information that leads to apprehension of suspects and a conviction in the case.
Chris Graves is the Enquirer's local columnist. She has covered the Rhoden family massacre since April 22. Reach her at cgraves@enquirer.com or on Twitter @chrisgraves.