Tuesday, February 7, 2012
Defense Responds To Accusations Of Juror Intimidation
Written by www.WLWT.com   
Monday, 22 June 2009 11:49
WLWT.com - Defense attorneys for Ryan Widmer filed what they hoped would be their final motion Monday in their effort to get Widmer a new trial.

Widmer was convicted in April of killing his wife, Sarah, at the couple's home in August 2008.

The defense motion was expected to be the final response in a series of motions before a judge decides whether to grant Widmer a new trial. The judge had previously ruled out overturning his conviction.

The defense arguments focused on "experiments" done by jurors during deliberations, which prosecutors have characterized as "everyday life experiences."

Read Widmer's Defense Response

After Widmer was convicted, at least one juror came forward to say that some jurors performed tests at home to see how long it would take someone to air dry and then discussed those tests during deliberations.

Ryan Widmer claimed he found his wife dead in their bathtub. Prosecutors questioned during the trial why his wife's body was dry when paramedics arrived if she had been taking a bath.

The prosecution, in its prior motion, said that the tests did not constitute juror misconduct but were instead observations made as part of the jurors' normal life experience.

But the defense called the tests "manufactured evidence" used during deliberations to determine guilt or innocence, and were not subject to "evidentiary limitations nor the rigors of cross examination." The defense said at least two jurors' decisions to convict Widmer were based in part on these home tests.

The defense also responded to assertions by the prosecution that an investigator hired by Widmer's defense harassed jurors after the conclusion of the trial.

The defense acknowledged hiring the investigator as part of its "duty to fully investigate claims that his client was unlawfully convicted." The motion also stated that the investigator "took care to identify herself as a defense investigator and to respect any privacy requests or objections by jurors."

In concluding the filing, defense attorneys asked that their motion be the last before the judge rules on whether to grant Widmer a new trial.

Widmer is currently serving 15 years to life in prison at Lebanon Correctional Institute.


Mike Mayleben
Written on Monday, 22 June 2009 11:49 by Mike Mayleben

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