Mon Dec 12

Widmer lawyers: Bathtub seized improperly

Posted by rrichardson December 12th, 2011, 5:45 pm

Janice Morse reports:

Was Ryan Widmer’s murder conviction “a manifest miscarriage of justice?”

In an appeal filed Monday lawyers for Widmer allege that a jury lost its way and that authorities made crucial mistakes, including improperly seizing the bathtub in which his wife, Sarah, 24, had drowned in 2008.

Widmer, 30, of Mason, is serving 15 years to life in prison after a jury convicted him of murder in February.

Since then, Widmer has given two public interviews protesting his innocence and saying he wanted to testify but he did not take the witness stand during any of his three trials based on his lawyers’ advice.

Today was the deadline for attorney Michele Berry to file the appeal on Widmer’s behalf in the Ohio 12th District Court of Appeals in Middletown.

That court previously refused to extend a deadline while Judge Neal Bronson considers motions for a fourth trial in Warren County Common Pleas Court.

In those motions, Widmer’s lawyers want Bronson to order genetic testing that could show whether Sarah Widmer suffered from a disorder that can disrupt heartbeats. Berry argues Widmer’s previous lawyers made a mistake by failing to seek that testing.

They also argue Bronson should grant a new trial because evidence emerged after Widmer’s conviction showing that the lead investigators on the case, Lt. Jeff Braley, had likely made false representations about his job history and education on employment documents.

Bronson had refused to allow Widmer’s lawyers to grill Braley on those credibility issues largely because Braley had denied making the false claims. Braley resigned from the Hamilton Township police force in June after an indpendent investigator told trustees there was reason to consider launching a pre-disciplinary hearing over issues with his honesty.

Widmer’s lawyers say that the genetic testing and Braley evidence likely would have altered the entire course of Widmer’s trial, had they been included.

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Posted in: Crime, News, Widmer Trial |

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