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Prosecutors argue against efforts to quiz Widmer jurors

Their deliberations should stay private, they say, as judge considers whether  to grant a new trial.

Samantha Grier/Staff photographer Ryan Widmer is led out of the court room after his trial April 2.

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By Denise G. Callahan, Staff Writer Updated 1:15 PM Thursday, April 23, 2009

Warren County Prosecutor Rachel Hutzel said jurors in the Ryan Widmer murder trial shouldn’t have to defend their verdict.

Hutzel filed a response in Warren County Common Pleas Court on Wednesday, April 22, that says her office opposes Widmer’s defense motion for a new trial and wants juror subpoenas quashed and an affidavit for one juror stricken.

Defense attorney Charlie Rittgers claims there was jury misconduct during deliberations in Widmer’s murder trial, and he wants an acquittal or a new trial for his client.

Widmer, 28, who was convicted April 2 for killing his 24-year-old wife Sarah Widmer, is serving 15 years to life at the Warren Correctional Institution.

The prosecution’s response argues Ohio law doesn’t allow jurors to be cross-examined.

“The function of the jury is one of the most critical precepts of the American justice system and jurors have an inherent right to be free from interrogation,” Assistant Prosecutor John Arnold wrote. “Courts must preserve the integrity and privacy of their deliberations to ensure that future jurors will engage in deliberations with the utmost candor and without fear of later public scrutiny and embarrassment.”

Warren County Common Pleas Judge Neal Bronson is scheduled to hear arguments Friday, April 24, on Rittgers’ motion.

Using a Western Star interview with juror number 12, Ray Diss, Rittgers said the jury relied on baseless information — such as rigor mortis — rather than evidence testified to in court to convict his client.

Hutzel attacked this notion, saying Rittger’s star witness Dr. Werner Spitz testified about a passage in his own book regarding rigor mortis.

Juror Jon Campbell also came forward and told Rittgers three other jurors conducted experiments at home and reported to the rest of the jury how long it took them to dry off after showering or bathing.

The crux of the case against Widmer was that the drowning scene was virtually dry when first responders arrived at his home last August. Diss said the jury believed Widmer drowned his wife and later staged the 911 call.

Rittgers has subpoenaed Campbell and the six female jurors to testify at the Friday hearing. He has not called Diss or the other four male jurors back to court. Campbell, in his sworn affidavit, said one of the experimenting jurors was a man.

Rittgers would not comment on the subpoenas.

According to Thaddeus Hoffmeister, a law professor at the University of Dayton, if Bronson acquits Widmer the prosecution cannot appeal the decision because it would constitute double jeopardy. If he grants a new trial, that would be appealable.

“I do not envy the judge,” he said. “He has a very difficult task.”

If Bronson grants a new trial, Hoffmeister said he doubts it would be held in Warren County, because of the intense publicity.

After several fits and starts, there will be a candlelight vigil at 8 p.m. today, April 23, for Widmer, at Cincinnati Printers, 9053 Le Saint Drive in Fairfield, according to the “Free Ryan Widmer” Web site. The group supporting Widmer was having a hard time finding a venue for the vigil.

The “Free Ryan Widmer” Web site originally said a vigil would be held April 23 at Grace Chapel. That venue fell through. The site then said the vigil would be held at the Lindner Family Tennis Center in Mason.

Early in the morning on April 22, Phil Smith, spokesman for the tennis center, said the vigil was on. But by late morning tournament director Bruce Flory said a decision was made not to make the center available for the event.

Widmer’s mother Jill Widmer said Mike Mayleben, who started the “Free Ryan Widmer” Web site, didn’t even know her family prior to the trial.

“He heard the verdict and said he and his wife were just sick about it and stayed up all night crying,” she said. “He said he just felt he had to do something because of the injustice.”

Widmer said the short time frame they had to organize the vigil worked against them because many places require permits.

She hasn’t been able to see her son since he was transferred last week, but she said he has been buoyed by the support he has received. She said it will be about 30 days before she can visit “because of the hoops she has to jump through to get into the Warren Correctional Institution.”

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