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Attorney asks for acquittal or new trial for bathtub killer

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Staff photo by Samantha Grier Ryan Widmer is led out of the courtroom after being convicted in the murder of his wife on April 2, 2009.

By Denise G. Callahan, Staff Writer Updated 12:13 PM Friday, April 10, 2009

Defense attorney Charlie Rittgers has asked Warren County Common Pleas Judge Neal Bronson for either an acquittal or a new trial for Ryan Widmer.

Widmer, 28, was found guilty of killing his young wife, Sara Widmer, last August in the couple’s Hamilton Twp. The jury deliberated for 22 hours in the nine-day murder trial. Widmer was sentenced to 15 years to life in prison.

Citing an interview that appeared in the Western-Star with juror Raymond Diss, Rittgers said the jury incorrectly found his client guilty.

Rittgers claims prosecutor’s comments in final arguments regarding rigor mortis undoubtedly prejudiced the jury. Diss said in the interview following the verdict that “when rigor mortis sets in, that would be an indication that it hadn’t been just a few minutes since she died.”

“There was no testimony or any medical record that indicated rigor mortis present. This conclusion was in no way supported by the evidence. The defense had no ability to counter such an allegation because this issue was first raised in final argument,” Rittgers said in a document sent to Bronson. “Clearly, the jury was swayed by the prosecutor’s improper and baseless comments regarding rigor mortis. Of all the information acquired during the trial’s seven days, rigor mortis was not mentioned until final argument. It is clear from Mr. Diss’ interview that he focused on the baseless argument advanced by the prosecution.”

Rittgers also asked Bronson to consider facts brought out at trial did not fit with the prosecution’s theory that Sarah Widmer was either drowned in the tub, the toilet or a sink.

“The testimony and evidence put on by the prosecutors did not rise to the level of beyond a reasonable doubt. It appears evident that the jury either shifted the burden to the defense to show why Sarah drowned or lowered the state’s burden,” he said. “The prosecutors never linked their experts’ testimony to any theory as to how Ryan allegedly killed his wife. Nothing presented by the prosecutors added up to murder. The prosecutors shied away from such testimony because any theory based upon all the known facts would not stand up to scrutiny.”

Rittgers motion is allowed under the rules of criminal procedure, but Warren County Prosecutor Rachel Hutzel said “it’s not real common” for attorneys to file a motion like this.

Hutzel said Bronson managed the trial and all the objections and motions very well, and she believes Widmer will remain in prison.

“We are confident in the fairness and thoroughness of this trial,” she said. “We believe the jury verdict will stand.”

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