Now that a Warren County judge has ruled juror misconduct tainted Ryan Widmer's trial in the bathtub drowning of his wife, the controversial case heads into somewhat unchartered legal territory.
Sarah Widmer, 24, died Aug. 11 in the couple's Hamilton Township home. Now, Ryan Widmer's murder conviction, handed down April 2, is void. He is presumed innocent again while he faces a new trial.
Widmer, 28, had been serving a sentence of 15 years to life in state prison. He was transferred back to the Warren County jail Friday.
He could be freed on bond while awaiting retrial, but only if supporters raise enough to post $1 million in cash, $2 million in equity in Warren County propert, or make some other arrangement with a bondsman -- likely a non-refundable $100,000 cash fee plus property leins as collateral.
Within the next few days, prosecutors intend to appeal Judge Neal Bronson's ruling granting the new trial. It's unclear whether the Ohio 12th District Court of Appeals, Middletown, will accept the case.
As the legal battle continues, here are some of the key issues in the case:
What if the appeals court reverses Bronson's decision?
The original murder conviction and sentence would be reinstated. Widmer would be returned to state prison, unless his lawyers persuade a court to put that action on hold pending appeal. Defense lawyer Mark Godsey said lawyers would appeal to the Ohio Supreme Court, and if Widmer did not succeed there, they would take the case to the federal court system.
If the appeals court supports Bronson's ruling, when would a new trial be held?
It's unclear.
While prosecutors say they must hold a retrial in a "reasonable time," Widmer's trial lawyer, Charlie Rittgers, thinks the state's speedy trial rules apply.
Generally, if the defendant is locked up, the time limit is 90 days. If he is free on bond, the time limit is 270 days.
Certain procedures can freeze the time and extend the deadline.
Would the retrial be held locally or be moved to another community?
In highly publicized cases, lawyers sometimes seek a "change of venue," moving the trial to another community to ensure a fair and impartial jury. Warren County Prosecutor Rachel Hutzel has said she knows of no trial being removed from the county during her 16 years as an assistant prosecutor and lead prosecutor there.
Thaddeus Hoffmeister of Wyoming, who teaches law at the University of Dayton and is following the case, thinks there is a "fair" chance that a judge would grant a venue change.
Lawyers aren't saying whether they will seek one.
What are Widmer's chances of being found not guilty in a retrial?
Local legal experts say they don't know of anyone who tracks such data.
But Hoffmeister noted: "Acquittals are always difficult. However, the odds are more favorable during a retrial. Also, there is always the possibility of a hung jury."
What other key issues remain undecided?
Many details remain unresolved, including which prosecutors will handle the retrial, whether Widmer's lawyers will seek a trial by judge rather than a trial by jury, what new evidence might both sides present, and whether Widmer will testify in his own defense.
