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Paul McKibben reports:

Posted in: Crime, News, Widmer Trial |

Tags: Tags: 12th court of appeals, appeal, bathtub murder, conviction, coroner, fraud, genetic, homicide, jeff braley, long qt syndrome, mason, michele berry, murder, neal bronson, russell uptegrove, ryan widmer, sarah widmer

Legal experts who’ve followed the Ryan Widmer case say the chances of the convicted Mason man getting a fourth trial are “fair” at best.

Attorneys for Widmer, who was convicted in February in the 2008 drowning death of his wife, Sarah, filed a motion Wednesday asking a Warren County judge to set aside Widmer’s February murder conviction and accusing officials of perjury and cover-up.

• Photos: Ryan Widmer speaks with The Enquirer
• Photos: Ryan Widmer convicted of murder

The Enquirer’s Janice Morse spoke with several legal experts who’ve been following the case about the latest court documents filed.

“I think Judge (Neal) Bronson probably has a pretty strong case of ‘Widmer fatigue,’ but even so, he’ll do the right thing,” says defense lawyer Mike Allen, who has closely watched the saga since it began in 2008 with the drowning of Widmer’s wife, Sarah, 24, in their Hamilton Township bathtub.

While Allen, Warren County Prosecutor David Fornshell and other experts think Widmer’s chances of persuading Bronson to grant a fourth trial are small, University of Cincinnati law professor Christo Lassiter says issues swirling around the case are grave.

Concerns about the honesty of Jeff Braley, the lead investigator, and how he may have influenced the county coroner, Russell Uptegrove, “not only provides a reason to doubt the conviction, it reeks of an injustice,” Lassiter said.

Despite that strong statement, Lassiter agrees with other experts that it will be very difficult for Widmer’s lawyer to overcome legal hurdles to prove a new trial is warranted.

Joe Mooney, a Northern Kentucky University law student who coordinated a panel discussion on the Widmer case said, “I think this (motion for a new trial) is a ‘Hail Mary’ pass that will likely fall incomplete. … At the end of the day, I would not bet any money on a fourth trial.”

Bronson’s decision on whether to grant a retrial may well turn on whether he now agrees that a jury should have been allowed to hear Widmer’s lawyers grill Braley over his credentials. Bronson blocked that line of questioning after a closed-door hearing in his chambers in 2010 about alleged resume fraud.

“When he made that decision, Judge Bronson didn’t know everything that we know now about Braley. … And now, if the judge believes Braley committed perjury, that’s one of the keys to the case,” said Mark Krumbein, a defense lawyer who became so fascinated by Widmer’s case he attended portions of all three trials.

Braley resigned in June after an investigator reported that Braley falsely claimed he had served in the U.S. Special Forces, which secured him a position heading the township’s police tactical unit in 2001 – before he became a sworn police officer.

“What happened with Braley was an abomination,” Allen said. “It’s almost unbelievable that a person could misrepresent his credentials like that and be put in such a position of responsibility.”

The investigator also found evidence dating to 1996, supporting allegations that Braley falsely asserted on township documents that he earned a master’s degree and held various jobs; Braley denied making the misrepresentations, but a handwriting analysis supported the allegation that the writing was his, officials said.

Fornshell downplayed the significance of Braley’s issues. But Allen, a former Hamilton County prosecutor, said that if he were in Fornshell’s position, he thinks the situation is “egregious enough” to consider taking the case to a grand jury to consider a possible perjury indictment of Braley.

“The problems with Braley are huge,” Allen said. “But did not knowing about them during the trial affect the outcome? I think a strong argument could be made either way.”

Lassiter thinks that, in order to grant a new trial, Bronson would have to decide that revelations about Braley may well have changed jurors’ minds about Widmer’s guilt, had they been aired during the trial.

Allen notes that Bronson has a reputation for doing what he thinks is just, even if it draws fire. It was Bronson who voided Widmer’s 2009 murder conviction because of jury misconduct; a hung jury resulted in 2010, followed by a conviction this year.

Fornshell dismisses Braley’s issues as irrelevant to the crime that Widmer is convicted of committing. But Krumbein said it’s reasonable to question the entire foundation of the case based on Braley’s involvement in it.

“Judge Bronson may feel that, if he (Braley) lied about substantive things in the past, and lied under oath in a pre-trial hearing, can anything he did or said be trusted?” Krumbein said.

And Braley did play a pivotal role in the case, Krumbein said.

“He maintained the crime scene, supervised gathering all the evidence. Then he told the coroner he thought this was a homicide – and he may not have been any more qualified to say that than the Man in the Moon. His qualifications were pretty bad.

“As the defense has already argued, if you can’t trust the messenger, you may get the wrong message.”

Widmer, 30, who last lived in Mason, was convicted in his third trial on Feb. 15.  His first trial ended in a conviction, but the guilty verdict was set aside because of jury misconduct.  The second trial ended with a hung jury.

Related stories:

• Will there be a fourth Ryan Widmer trial?
• Prosecutors agree to give Widmer more time to file murder appeal
• Ryan Widmer: “I’ll never give up”
• Widmer attorneys file notice of appeal to higher court
• Widmer’s defense lawyers fight for 4th trial
• Widmer jurors speak out amidst defense reports of juror misconduct
• Ryan Widmer found guilty of murder

What do you think?  Should Ryan Widmer get a fourth trial?  Discuss in the comments below.

Posted in: Crime, News, Widmer Trial |

Tags: Tags: appeal, bathtub murder, conviction, coroner, fraud, genetic, homocide, jeff braley, long qt syndrome, mason, murder, russell uptegrove, ryan widmer, sarah widmer

An attorney for Ryan Widmer has filed a motion requesting a new trial for the Mason man convicted in the 2008 drowning of his wife, Sarah.

Widmer’s lawyer, Michele Berry, filed court documents today asking a Warren County judge to set aside Widmer’s February murder conviction and accusing officials of perjury and cover-up.

• Photos: Ryan Widmer speaks with The Enquirer
• Photos: Ryan Widmer convicted of murder

Berry also wants the judge to grant a hearing based on the “newly discovered evidence of false statements, lack of competence and training and outright fraud by the lead detective in this case, former Lieutenant Detective Jeff Braley.”

Further, Berry says Widmer’s former lawyers also made a grievous mistake when they failed to get Sarah Widmer’s DNA tested for Long QT Syndrome, a genetic condition that could have contributed to her drowning.

That alone should entitle Widmer to a new trial, Berry said.

Enquirer reporter Janice Morse has more details on the latest development in the case:

But much of the 35-page motion hammers on Braley’s involvement in the case and authorities’ failure to disclose information about Braley’s history of alleged misrepresentations. Braley resigned from his job earlier this year after an outside investigator checked into those allegations.

If the defense lawyers had been aware of the facts that were later released, Widmer’s lawyers could have impeached Braley and mounted a defense “which would have changed the nature of the entire trial,” Berry said.

“Had the defense been aware of these facts, this evidence could have been used not only to impeach Braley … but… to mount a … defense, which would have changed the nature of the entire trial.”

Last month, an expert who has evaluated 500 cases of police misconduct nationwide, Dennis Waller, issued a report about the Widmer case and “opines that, based on national law enforcement standards, Braley could be classified as ‘an opportunist without substance in a police department without established standards,’” Berry wrote.

In the court filing, Berry alleges that Braley committed perjury in a closed-door hearing on May 5, 2010, focusing on allegations that he had misrepresented his qualifications.

Previously, prosecutors have asserted that Braley’s role in Widmer’s trial was minimal, and the evidence was strong enough to obtain a conviction without him.

But in court records, Berry says Waller believes that “Braley’s incompetence, untrustworthiness, and penchant for manufacturing facts to further his career, are all relevant to the fingerprints and other marks on the bathtub, the collection of evidence in general … the decision to charge Widmer, and the conclusion of (Warren County Coroner Russell Uptegrove) that this case was a homicide.”

Uptegrove, in an interview with the Enquirer earlier this year, denied that Braley exerted any undue influence.

Widmer, 30, who last lived in Mason, was convicted in his third trial on Feb. 15.  His first trial ended in a conviction, but the guilty verdict was set aside because of jury misconduct.  The second trial ended with a hung jury.

MasonBuzz will update this story.

Related stories:

• Prosecutors agree to give Widmer more time to file murder appeal
• Ryan Widmer: “I’ll never give up”
• Widmer attorneys file notice of appeal to higher court
• Widmer’s defense lawyers fight for 4th trial
• Widmer jurors speak out amidst defense reports of juror misconduct
• Ryan Widmer found guilty of murder

What do you think?  Should Ryan Widmer get a fourth trial?  Discuss in the comments below.

Posted in: Crime, News, Widmer Trial |

Tags: Tags: appeal, bathtub murder, conviction, coroner, fraud, genetic, homocide, jeff braley, long qt syndrome, mason, murder, russell uptegrove, ryan widmer, sarah widmer

via Cincinnati.com

The lead detective in the Ryan Widmer murder case, Lt. Jeff Braley, who came under scrutiny because of alleged resume fraud, has resigned from his position with the Hamilton Township police department, Warren Ritchie, township law director, said in a news release.

Braley’s resignation, submitted Friday, takes effect Sept. 1. He cited personal reasons for his resignation.

“The Township has accepted his resignation and has placed Lt. Braley on an unpaid leave of absence until the effective date,” Ritchie said. “Although technically a member of the Township’s Police Department until the effective date, Lt. Braley has surrendered his badge and no longer has police authority under the auspices of the Township’s Police Department.”

MasonBuzz.com will update this story.

Related Links

• “Dateline NBC” to air two-hour special on Widmer case
• New details emerge on Ryan Widmer’s girlfriend, child
• Widmer attorneys file notice of appeal to higher court
• Social media fans Widmer interest
• Ryan Widmer found guilty of murder

Posted in: Crime, News, Widmer Trial |

Tags: Tags: bathtub murder, detective, hamilton township police, jeff braley, mason, murder, police, resign, ryan widmer, sarah widmer

Ryan Widmer was found guilty of murder, a jury determined Tuesday after spending 12 hours deliberating over two days.

Following the verdict, Widmer immediately collapsed on the table, holding his head and sobbing.

• View photos from today’s trial

Sobs could also be heard throughout the courtroom after the verdict was read.

“I did not do this. My life has been ruined. I don’t know why this has gone on for so long. I loved Sarah, I would never hurt her, never,” Widmer told the judge before he was sentenced.

“This has gone on for two and a half years now.  We depleted our money.  This keeps going on and on. Twelve hours after she died and I’m charged … This isn’t right, isn’t right.”

Judge Neal Bronson sentenced Widmer to 15 years to life in prison.  He already served about five months behind bars after the first trial and will get credit for time served

The jury started its deliberations Monday morning after hearing 15 days of testimony.  The verdict was announced at 4:45 p.m. Tuesday.

Before the jurors came out, the courtroom was hushed and silent. An audible gasp from the audience could be heard when the verdict was read.

Gary Widmer, Ryan’s father, and other Widmer family members bowled over, sobbing, after the verdict was read. They were the only ones in the courtroom who didn’t stand for the jury after it was dismissed.

Widmer attorneys Lindsey Gutierrez and Jay Clark hugged a sobbing Gary Widmer tightly after Ryan Widmer was taken into custody.

After the verdict was read, Ruth Ann Steward, Sarah Widmer’s mother, looked straight ahead, chin up, her face stoic. She declined to make a statement.

Widmer supporters appeared stunned.

Widmer supporter Jill Bowman of Maineville struggled to find words.  A registered nurse with 25 years experience in a level one trauma center, Bowman attended the trial after working the night shift.

“I don’t get it, I don’t get it,” she said, before overcome by tears.

Carol Freiberger, a retired nurse who attended the entire retrial, expressed her doubts that the evidence proved Widmer’s guilt “beyond a reasonable doubt.

“I’m very disappointed,” she said. “If anything I expected they’d come back with manslaughter.”

Mollie Mihalik of West Chester, an operating room nurse whose daughter was acquainted with the Widmer family, said, “I can’t believe this travesty has happened.”

The Warren County Prosecutor’s Office released a statement Tuesday night about the verdict.

“The Prosecutor’s Office is pleased the trial over and that justice has been done for Sarah and her family. The jurors who have served on this case should be commended for their willingness to be a part of this process, and their diligence in reviewing the evidence,” Chief Assistant Prosecutor Bruce McGary said.

“Recognition should also go to the dedicated men and women who have been involved in the case from start to finish. The diligent efforts of the Hamilton Township Police and Fire Departments, the Sheriff’s Office and Coroner, Dr. Russell Uptegrove, as well as the Prosecution team, have worked tirelessly to ensure that justice was done.”

Attorneys for Widmer said they were too upset to comment as they left the courthouse.

In 2009, a jury acquitted Widmer of a more serious charge, aggravated murder, which alleged Sarah Widmer’s death was purposely caused, with “prior calculation and design.” The jury convicted him of a murder charge, but Judge Neal Bronson later set aside that conviction because of jury misconduct.

Last year, jurors went 30 hours, believed to be the longest deliberation in Warren County history, before announcing they were hopelessly deadlocked and unable to reach the required unanimous decision on the murder charge.

Widmer was accused of drowning his wife, Sarah, in their Hamilton Township bathtub in 2008.

Janice Morse contributed to this story.

Posted in: News, Widmer Trial |

Tags: Tags: appeal, bathtub murder, conviction, coroner, fraud, genetic, homocide, jeff braley, long qt syndrome, mason, murder, russell uptegrove, ryan widmer, sarah widmer

Reporter Rachel Richardson is live-tweeting the third trial of Ryan Widmer live from the courtroom.  Get the latest developments in the case live by following @Mason_buzz on Twitter.  Updates will also be posted on www.masonbuzz.com.

Jury selection isn’t yet underway in the third murder trial of Ryan Widmer and already the trial may be delayed.

Widmer, 30, of Mason, is expected to go on trial for the third time today for the drowning of his 24-year-old wife Sarah in 2008 at their Hamilton Township home.  Two previous trials ended in mistrials.

Attorneys for the defense filed motions before 9 a.m. this morning to delay the trial by seven days to “effectively prepare for the content of the undisclosed material and statement of WITNESS DOE #1″ (the mystery witness).  Widmer’s attorneys argue that the defense has not been provided the opportunity to review the statement of Witness Doe.

The defense also filed motions this morning giving the intention of using any prior convictions of Witness Doe that are older than 10 years to attack the witness’ credibility.

Also filed this morning is a reply by the defense to the State of Ohio’s memorandum to the defendant’s motion to allow confrontation of the lead investigator, Det. Jeff Braley.  The memorandum, titled “A Leopard Never Changes Its Spots,” the defense writes:

“Continuous course of dishonest conduct by Braley… his credibility is a critical issue….  If Braley is a liar, the jury must be permitted to consider his character for truthfulness… In a case where the evidence is not overwhelming, the jury’s assessment of credibility may well be the decision point.”

Mason Buzz will update this story live from the courtroom as it develops.

Posted in: Crime, News |

Tags: Tags: jeff braley, john arnold, murder, ryan widmer, sarah widmer, travis vieux, warren county