Posts Tagged ‘mike allen’

TueAug28

Ryan Widmer’s lawyer: Lead detective had ‘pattern of lying’

Posted by rrichardson August 28th, 2012, 2:04 pm Post a Comment

Janice Morse reports:

An appeals court is considering whether a detective’s alleged pattern of lying tainted the entire case against Ryan Widmer, a Warren County man convicted of murder in the 2008 bathtub drowning of his wife, Sarah.

The Ohio 12th District Court of Appeals on Tuesday heard arguments on the second of two appeals that Widmer is pursuing as he attempts to get his 2011 conviction overturned. That conviction came during Widmer’s third trial, following two controversial mistrials. He’s serving 15 years to life in prison.

Tuesday’s arguments focused on allegations that authorities improperly withheld information calling into question the credibility of the lead investigator on the case, Jeff Braley, who resigned from the Hamilton Township Police Department last year after an independent investigator said the township had reason to question his honesty.

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An assistant prosecutor and Widmer’s appellate attorney each had 15 minutes to argue their points in court.

Michele Berry,Widmer’s lawyer, told the appeals judges that Warren County Common Pleas Judge Neal Bronson “really went astray” when he characterized Braley as a minor trial witness . Regardless of Braley’s testimony during the trial, his role affected the entire course of the investigation, Berry asserts, and his alleged “pattern of lying,” dating to 1997, is reason to doubt the integrity of the investigation.

Bronson barred Widmer’s lawyers from grilling Braley about his credibility, including documents asserting he held a master’s degree from two colleges that say he never attended. Berry asserts that authorities knew about these alleged falsehoods and others but withheld that information from Widmer’s lawyers.

Armed with that information, Widmer’s lawyers would have been able to pursue a different trial strategy, Berry said; they would have argued that the case, from its premise, was tainted because of Braley’s involvement. Even before Braley declared the Widmer home a crime scene, Braley had given the county coroner information that he relied upon to declare Sarah Widmer’s death a homicide, Berry said.

(more…)

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Posted in: Crime, News, Widmer Trial |

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SunAug26

Rachel Hutzel, judge and ex-prosecutor, dies

Posted by rrichardson August 26th, 2012, 9:50 pm Post a Comment
Rachel Hutzel

Jan. 2008: Dr. Russell Uptegrove (l-r), Warren County Coroner; Rachel Hutzel, Warren County Prosecutor; and Ron Ferrell, Mason Police Chief, discuss the status of the case of the five deaths at 4587 Brackenview Court at a press conference in Mason.

John Johnston reports:

Rachel Hutzel, a judge with the Ohio 12th District Court of Appeals and a former Warren County prosecutor, died of cancer Saturday morning. She was 56.

“She was a fighter, whether it was in the courtroom or whether it was in a fight for her life. She fought (cancer) until the bitter end,” said Warren County Commissioner Pat South, a close friend of Hutzel’s.

Hutzel, a lifelong Warren County resident, was elected prosecutor in 2002 and held that job until January 2011 when she became judge with the appeals court based in Middletown. She was the first female Warren County prosecutor, and the first woman on the 12th District appeals bench.

As prosecutor, her profile rose significantly as a result of the highly publicized Ryan Widmer murder trial. Widmer’s wife, Sarah, died in a bathtub drowning in 2008.

In 2009, Widmer’s first jury convicted him of murder, but Judge Neal Bronson threw out the verdict because of juror misconduct. Widmer’s second prosecution ended in a mistrial in 2010. He was found guilty in a third trial in 2011. That verdict is being appealed.

“There were so many people on both sides of the fence,” South said. “It was a no-win (situation) for any seated prosecutor or assistant prosecutor who tried the case.”

While Hutzel did not personally try the case, “that’s where the buck stops,” South said. “She had many sleepless nights over that case.”

Mike Allen said he got to know Hutzel well when he was Hamilton County prosecutor from 1999 to 2005. He followed the Widmer trial as an analyst, and said Hutzel took a lot of heat for prosecuting the case.

“She was very courageous, and she did what she thought was right,” Allen said. “That’s the kind of prosecutor she was. I sought her advice many times over the years.

“She was a wonderful woman and an aggressive prosecutor, but she showed compassion as well, which is somewhat unusual in a prosecutor.”

Nowhere was her compassion more evident than in her work on behalf of children, colleagues said.

“Her concern about kids was a driving force with her,” said Warren County Commissioner Tom Ariss, who was the county’s sheriff from 1992 to 2009.

Said South: “She had a strong passion for protection of those who were least able to protect themselves, and that was children.”

In an interview shortly after joining the appeals court last year, Hutzel said her biggest accomplishment as prosecutor was the February 2008 opening of the county’s Child Advocacy Center, which brings together teams of people to investigate and prosecute child abuse cases.

“I will always remember her as a strong advocate in the fight against child abuse,” Warren County Sheriff Larry Sims said.

South said Hutzel “thoroughly enjoyed” working on the 12th District Court of Appeals, which covers Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble and Warren counties. She had served about half a year when diagnosed with mucosal melanoma. The cancer developed in her sinus cavity, South said.

“They thought they had (discovered) it early,” South said. “They were able to get the tumor. She started aggressive radiation and chemotherapy.” But by late last year, the cancer had spread.

Still, “she missed very few days on the bench,” South said, adding that Hutzel was at work last Monday. She entered Christ Hospital on Wednesday for treatment, and died there.

Allen said he had lunch with Hutzel about a month ago, and she was very upbeat.

“It was amazing under the circumstances,” he said. “She didn’t want to talk about her condition. She just wanted to know how I was doing and how my family was.”

Hutzel had been a practicing attorney since 1991, and began work with the Warren County Prosecutor’s Office in 1993.

She and her husband, Jeff Blazey, had one son, Matt Blazey. Services had not been set Saturday evening, South said.

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