If the alleged statement is true, I can't see how a new trial should not be granted.

He's toast. Bronson wants no part of this anymore. He'll likely say no dice and just let the 12th District Court of Appeals deal with it.

(02-17-2011 05:01 PM)dizzygirl Wrote:  Side note: One juror from this 3rd trial, on the night the verdict was read, allegedly posted this as her FB status and it cause an uproar:

"Taking a nice relaxing bath in a tub so big, I could drown"

Worth noting that the juror who wrote this on FB- Her initials were DE.

Widmer's defense team files motion for acquittal
Posted: Mar 04, 2011 11:15 AM EST Updated: Mar 04, 2011 1:03 PM EST


Ryan Widmer



Ryan and Sarah Widmer

LEBANON, OH (FOX19) - Ryan Widmer's defense attorneys have filed a motion for acquittal.

Widmer, 30, is serving a 15 years to life sentence for the murder of his wife, Sarah, who drowned in the bathtub of the couple's Hamilton Township home in August of 2008. He was found guilty last month after his third trial. A conviction in his first trial was overturned due to juror misconduct and a second trial ended in a hung jury.

"Even construing all the evidence in the light most favorable to the prosecution, in this case there is insufficient evidence to prove all elements of the offense beyond a reasonable doubt," the motion reads. "Given this lack of evidence, reasonable minds could not reach the conclusion reached by the jury. And no rational trier of fact would conclude the state proved all elements of the offense beyond a reasonable doubt."

[Here is the entire motion (PDF)]
http://ftpcontent.worldnow.com/wxix/New%...uittal.pdf

In the motion, defense attorneys mention several points they say were brought up as facts in the third trial. Among them:

* From the time Ryan called 911, six minutes elapsed before the first rescuer arrived in the bathroom
* The tub had been drained prior to Ryan removing Sarah from the tub, and Ryan did not know the 911 dispatcher would tell him to remove Sarah from the tub
* There was no evidence of water splashed in or around the tub, and police did not locate evidence that the bathroom had been cleaned or dried
* Paramedics attempted multiple intubation attempts on Sarah, and resuscitation attempts also included 45 minutes of CPR and multiple attempts to start an IV

In the motion, defense attorneys also point out that two of the state's witnesses, Warren County Coroner Dr. Russell Uptegrove and Dr. Charles Jeffrey Lee, are not board certified forensic pathologists and neither are familiar with the nature and variety of injuries caused by resuscitative efforts. It's also pointed out that Drs. Uptegrove and Lee did not consider crime scene photos, testimony of first responders or talked to Sarah's family when determining her death was a homicide.

The motion also points out the opinion of defense witness Dr. Chandler Phillips, a biomedical engineer, that Sarah was not forcibly drowned, was not rebutted.

The motion also attacks the testimony of Jennifer Crew, who testified that Ryan confessed to her that he killed Sarah. The motion says Crew was not able to provide details on how Ryan allegedly killed Sarah, and she said Ryan punched Sarah in the chest, but none of the prosecution's witnesses were asked if Sarah had any injuries consistent with being punched in the chest.

"Based on the evidence, no rational trier of fact could find the essential elements of the crime were established beyond a reasonable doubt," the motion states. "Similarly, there is no way reasonable minds of reasonable people could reach the conclusion reached by this jury.

"Due process demands the Court grant the motion and order a judgment of acquittal."

Earlier this week, the defense team filed a motion for a new trial, alleging one of the jurors made a bias statement to a friend.

Prosecutors have until March 18 to respond to both motions.

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http://www.fox19.com/Global/story.asp?S=...ormat=HTML

(02-16-2011 07:11 AM)50Cent Wrote:  Look I don't know if he killed her or not. But from what I heard I don't know how you don t have reasonable doubt.

The witness from Iowa to me lacked any credibility and her story wasn't credible either. Mistakes by coroner. Mistakes by police. Case fueled by an overzealous Rachel hutzel who wanted to further her own aspirations and did so.

Sometimes juries act beyond their scope and beyond the evidence. Seemed like a short time to deliberate over a complex case to me. But when they asked for 911 tape and tub I figured they would find him guilty.

Let's just hope theydidnt send an innocent man to prison.

I have never posted a thread in my life, I just heard about this case yesterday, I have narcolepsy, too sleepy for TV. It's hard for other people to believe our symptoms, when I heard about this, I had no doubt Sarah suffered narcolepsy symptoms. It's difficult for me to believe her husband killed her, the pieces don't fit. There's likely more to the story and possibly embarrassing, but clearly there is not enough evidence for a conviction of murder! She had narcolepsy symptoms and possibly another serious condition. Narcolepsy normally goes undiagnosed for many years if ever diagnosed at all. Think about it, her friends say she falls asleep all the time in very unusual settings, very normal for a narcoleptic. I fall asleep in the strangest places, and in the tub almost every night, it's dangerous. I have had many close calls and recently began limiting the amount of water in my bath but I still had a close call for which I was nearly unable to pull myself up, sometimes I can't move or respond, it's all part of the symptoms. I might add, I did not cause water to be thrown about the bathroom and was mostly dry on the back side because I had fallen asleep sitting up after washing my hair, I tried to stay awake by not leaning back. I have almost broke my neck and I have hit my head against the tub many times. I can go into great detail, it is very possible for her to drown by herself. I can fall asleep a while sitting up or standing before I go limp, I can also go limp quite suddenly, it varies! How do you conduct an investigation without expert testimony and witnesses of those with similar symptoms? Why no opinion of a sleep specialist as Dr. Mignot of Stanford University? What about lifeguard services? I did not see testimony from them, who would know best? People drown in puddles and even in parking lots following a close call, happens all the time! I don't see any evidence that brings guilty without a shadow of a doubt!!!! From what I have read, I would say Sarah has Narcolepsy or a combination of health problems, I seriously doubt he could have killed her without leaving an incriminating mark or some kind of substantial evidence! I support another mistrial!

(02-16-2011 11:56 AM)ctipton Wrote:  

Juror: Widmer should have testified

By Denise G. Callahan, Staff Writer Updated 1118 AM Wednesday, February 16, 2011

LEBANON — The jury in the Ryan Widmer trial based its decision to convict the Warren County man based on the dry bathroom scene found and his fateful 911 call, a juror said.

The juror, who asked not to be identified, said she also based her decision on the fact that Widmer didn’t testify. The jury was cautioned numerous times by the judge that Widmer had a Constitutional right not to testify.

It was a tough choice for the jury, according to the woman.

“It was the hardest decision any of us ever had to make...,” she said. “We tried every way to find excuses for Ryan and there was none.”

The juror said they went witness by witness, all 44 who testified, and dissected everything before they took one vote — guilty of murder.

“I couldn’t say there was any particular credible witness,” she said. “The fact that we couldn’t hear Ryan’s side of the story was bad.”

Jennifer Crew’s testimony that Widmer confessed to the crime didn’t carry any weight with the jury, according to the unidentified juror.

Widmer, 30, was on trial for the third time for the murder of his wife Sarah Widmer on Aug. 11, 2008. The first jury took 22 hours and found him guilty of murder, but not guilty of aggravated murder. That verdict was thrown out after three jurors admitted they experimented at home during deliberations to see how long it took to dry after bathing.

Judge Neal Bronson ordered a new trial and that jury, after 30 hours of deliberations, was deadlocked. The third jury considered the case for 12 hours.

The juror said they considered several different scenarios on how Widmer drowned his wife in the bathtub and concluded that since the drowning scene was virtually dry, Sarah Widmer’s whole body was never immersed in the tub.

When the jury of six men and six women filed into the courtroom at 4:20 p.m. on Tuesday, none of them looked at the defense table, their eyes were fixed on Bronson.

“I think we were all stunned,” she said. “It was a sickening moment.”

Widmer was sobbing and bent over with his head in his hands on the defense table when the verdict was read. Bronson sentenced Widmer to the mandatory 15 years to life in prison and ordered him to pay the cost of prosecution. He will be eligible for parole in 2026.

The Widmer family spent $500,000 defending their son in the first two trials. The two trials have cost taxpayers in Warren County $51,924. The first cost $22,214 and the second $29,710, according to the prosecutor’s office. These costs do not include payroll for staffers who have worked on the case for two years.

Defense attorney Lindsey Gutierrez said there will likely be an appeal.

The lead detective on the case, Lt. Jeff Braley from Hamilton Twp,. said he is glad the case is over.

“I’m thankful now that the Steward family can get some closure and healing,” he said. “That’s been the goal all along. Hopefully now, that’s what’s going to happen.”

Newly appointed county Prosecutor David Fornshell said he believes he is bound by the gag order the judge imposed on everyone connected to the case. He said he can’t comment on what the future holds if an appeal is successful.

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

http://www.journal-news.com/news/crime/j...83032.html