In documents filed this morning, Widmer's lawyers continue to seek a new trial for Widmer, 28, who was convicted of murder in the Aug. 11 drowning of his wife, Sarah, 24, in their Hamilton Township bathtub.
The lawyers say a second juror has come forward to say other jurors' discussions of alleged home experiments swayed his vote. Defense lawyers contend three jurors violated court rules when they noted how long it took for their skin to air-dry after bathing or showering, then discussed those findings during the jury's deliberations.
Prosecutors, however, say that the jurors merely reported observations of daily life experiences. They contend that the discussions of air-drying times consumed only a few minutes of the jury's 22-hour deliberations, and played no major role in the verdict.
"While the State offers other jurors who claim their votes were not impacted, all it takes is one vote to prevent a conviction," Widmer's lawyers say. "Here, however, at least two jurors' votes were influenced by the improper experiments. The State's protests about 'harmless error' ring hollow against that backdrop. Justice demands that Mr. Widmer receive a new trial.”
Defense lawyers also say they want the ping-pong game of dueling legal filings to stop.
"According to custom and practice, and a defendant's right to have the 'final word' on his own motion, any further pleadings in this matter should not be accepted by this court," Widmers' lawyers say. "If, however, this court indulges the State with another response, Widmer respectfully requests a final reply."
