By Karin Johnson •
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• April 13, 2009 • WLWT.com
LEBANON, Ohio -- A judge will soon set a hearing to determine whether jurors acted inappropriately as they deliberated murder charges against Ryan Widmer, and prosecutors defended the first trial even as they said the convicted killer could deserve a new one.
A jury found Ryan Widmer guilty April 2 on one count of murder for the August 2008 drowning death of his 24-year-old wife, Sarah, and a judge sentenced him to 15 years to life in prison.
Widmer's attorney, Charlie Rittgers, filed a pair of motions last week asking Judge Neal Bronson to throw out the conviction or set a new trial date, citing prosecutorial and juror misconduct.
LEBANON, Ohio -- A judge will soon set a hearing to determine whether jurors acted inappropriately as they deliberated murder charges against Ryan Widmer, and prosecutors defended the first trial even as they said the convicted killer could deserve a new one.
A jury found Ryan Widmer guilty April 2 on one count of murder for the August 2008 drowning death of his 24-year-old wife, Sarah, and a judge sentenced him to 15 years to life in prison.
Widmer's attorney, Charlie Rittgers, filed a pair of motions last week asking Judge Neal Bronson to throw out the conviction or set a new trial date, citing prosecutorial and juror misconduct.
Warren County Prosecutor Rachel Hutzel dismissed defense claims last week about alleged prosecutorial misconduct, but her office has deferred to the judge about the jury's actions.
"Even if people disagree with the outcome, the process was fair," said Warren County Prosecutor Rachel Hutzel. "If – and I say if – there was jury misconduct, then that would not be fair, and I will leave it to the judge to make that decision."
Rittgers said prosecutors suggested during closing arguments that rigor mortis had set in by the time police arrived, although no witness testimony had introduced that possibility, and a juror signed a sworn affidavit that claimed three jurors had violated the judge's instructions.
Juror Jon Campbell contacted defense attorneys following the verdict and claimed that some jurors had conducted their own experiments at home to determine how quickly a body would air-dry after leaving the bathtub.
Outside investigations are not permitted, as judges routinely remind jurors each time they leave the courtroom and again prior to their deliberations.
Police officers and emergency medical technicians testified during the nearly two-week trial Sarah Widmer's body was dry when they arrived, just minutes after her husband had called 911 to report that he'd found her floating face down in a bathtub.
Rittgers said Campbell claimed that those who conducted the experiments told other jurors the results of their tests during deliberations.
Rittgers has also said that his client also intends to file an appeal before a May deadline, but Hutzel expressed confidence that the conviction would stand.
"We don't want to win in a process that's not fair," Hutzel said. "We want to win fair and square, and I think the final analysis, we will win."
Reported by WLWT
"Even if people disagree with the outcome, the process was fair," said Warren County Prosecutor Rachel Hutzel. "If – and I say if – there was jury misconduct, then that would not be fair, and I will leave it to the judge to make that decision."
Rittgers said prosecutors suggested during closing arguments that rigor mortis had set in by the time police arrived, although no witness testimony had introduced that possibility, and a juror signed a sworn affidavit that claimed three jurors had violated the judge's instructions.
Juror Jon Campbell contacted defense attorneys following the verdict and claimed that some jurors had conducted their own experiments at home to determine how quickly a body would air-dry after leaving the bathtub.
Outside investigations are not permitted, as judges routinely remind jurors each time they leave the courtroom and again prior to their deliberations.
Police officers and emergency medical technicians testified during the nearly two-week trial Sarah Widmer's body was dry when they arrived, just minutes after her husband had called 911 to report that he'd found her floating face down in a bathtub.
Rittgers said Campbell claimed that those who conducted the experiments told other jurors the results of their tests during deliberations.
Rittgers has also said that his client also intends to file an appeal before a May deadline, but Hutzel expressed confidence that the conviction would stand.
"We don't want to win in a process that's not fair," Hutzel said. "We want to win fair and square, and I think the final analysis, we will win."
Reported by WLWT
