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Prosecutors file response in Widmer case

They say bathtub was seized legally and ask to maintain conviction.

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By Denise G. Callahan, Staff Writer 1:03 PM Saturday, February 11, 2012

MIDDLETOWN — Prosecutors in the Ryan Widmer bathtub murder case say police legitimately seized the tub from the Warren County home, and testimony about lead detective Jeff Braley’s embellished employment records was properly banned.

Warren County Prosecutor David Fornshell filed his reply with the 12th District Court of Appeals on Thursday, asking the court not to disturb Widmer’s murder conviction.

Widmer is serving 15 years to life for drowning his wife, Edgewood High School graduate Sarah Widmer, in the bathtub of their Hamilton Twp. home in August 2008. Judge Neal Bronson declared a mistrial after the first guilty verdict in 2009 due to juror misconduct. The second trial in 2010 ended with a hung jury. After 12 hours of deliberations a year ago next week, a jury returned a guilty verdict.

Widmer’s appellate attorney, Michele Berry-Godsey, filed his appeal in December. She cited ineffective assistance of counsel, improper expert testimony regarding fingerprints on the tub and banned Braley evidence as some of the problems with his third trial. She also wrote that because police did not specifically include the bathtub in their search warrants, they should never have seized it as evidence.

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

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