Monday, February 6, 2012
Widmer defense gets deadline
Written by Janice Morse • jmorse@enquirer.com   
Thursday, 18 June 2009 10:22
A Warren County judge will give Ryan Widmer’s lawyers until Monday to respond to prosecutors’ arguments that jurors committed no misconduct during the trial that ended with Widmer’s conviction on a murder charge in the drowning his wife in their Hamilton Township bathtub.

In a document filed Wednesday in Warren County Common Pleas Court, Judge Neal Bronson granted the defense nine days from the date prosecutors provided affidavits from seven jurors who said that fellow jurors’ discussion of alleged “home experiments” had no real bearing on their deliberations.

Prosecutors say several jurors merely shared “observations” about how long it takes a person to air-dry after showering or bathing – a key point in Widmer’s trial.

But defense lawyers have argued that the jurors’ actions violated court instructions against doing any “outside investigation,” and thus deprived Widmer of a fair trial. At least one juror, who filed an affidavit with the defense, said the discussion swayed her vote. Widmer’s lawyers say that, based upon the alleged unfair outside influence that could not be countered in court, their client is entitled to a retrial.

Bronson has not indicated when he might decide on the request for a new trial. Widmer, 28, is serving 15 years to life in prison -- the mandatory term for murder.

The jury deliberated 23 hours before convicting Widmer of murder April 2. His wife of four months, Sarah, 24, died Aug. 11.

Coroner Russell Uptegrove ruled her death a drowning by homicide. He and other prosecution witnesses testified that bruises on Sarah Widmer’s head and neck were evidence of foul play.

But Widmer’s lawyers and defense witnesses said Sarah Widmer, who had bouts of unusual sleepiness, may have suffered from an undiagnosed medical problem that contributed to her death. They also said that the lack of defensive wounds on her and the lack of any marks on her husband suggest there was no violent struggle.


Mike Mayleben
Written on Thursday, 18 June 2009 10:22 by Mike Mayleben

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