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Widmer attorney alleges jury misconduct

Juror’s affidavit outlines alleged experiments during deliberations

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By Marie Rossiter, Staff Writer Updated 2:06 AM Saturday, April 11, 2009

A juror in the Ryan Widmer murder trial has come forward and said jury members created their own “home experiments” and discussed them during deliberations.

Attorneys for Widmer used the juror’s revelation in a motion filed Friday, April 10, in Warren County Common Pleas Court to ask for new trial based on jury misconduct.

Widmer is serving 15 years to life in prison after the jury deliberated for 22 hours and found him guilty on April 2 of killing his 24-year-old bride Sarah Widmer in their Hamilton Twp. home last August.

In the motion, Rittgers said juror Jon Campbell contacted him and said “several jurors conducted home experiments testing how quickly one would air dry after showering.”

According to Rittger’s motion, Ohio law states jurors can only use testimony and evidence given in court during deliberations. Rittgers said these experiments created prejudice against Widmer.

Campbell outlined what happened over the course of the jury’s deliberation in an affidavit signed April 9:

• Campbell said during the first day of jury deliberations, a juror said she did a home experiment by air drying after showering and that it took her 12 minutes to dry.

• On the second day, another juror said she did a similar experiment while laying on the bedroom carpet. She told the jury she “was not even dry after 15 minutes.”

• He said another experiment was discussed where a different juror talked about bathing his child in a tub and lifting him out. The juror said he decided to leave the water on the tub’s edge and floor. A few hours later, according to the juror, everything was still wet.

Campbell said he came forward because he felt a moral duty, adding he believed “several of the jurors were influenced and it helped them decide their vote.”

Judge Neal Bronson’s office said no ruling could be given on the motion until a hearing is scheduled at a later date.

Warren County Prosecutor’s Office spokesman Matt Nolan said the motion was just another way to alter a valid jury verdict.

“We are confident that after we file our briefs, the verdict will be upheld,” Nolan said.

During an interview Friday, Jill Widmer said she last saw her son for 15 minutes on Sunday at the Warren County Jail before he was shipped to prison.

“He started bawling when he saw us,” Jill Widmer said. “He keeps wanting to know why they are doing this to him. He would never do anything to hurt Sarah. He is just broken.”

Jill Widmer said her son was on suicide watch when she last saw him, but she believed this was standard jail procedure. She said Widmer has never had any medical or psychological treatment indicating he would be a suicide risk.

She described Sarah Widmer as “spunky” and “beautiful inside and out.” According to Jill Widmer, if the prosecution’s theory of Sarah Widmer being forcibly drowned were true, there would have been evidence of a struggle.

“She would have fought back,” Jill Widmer said. “She was big in personality. If you made Sarah mad, you’d know it. She’s a strong girl.”

Jill Widmer said she understands overturning a verdict isn’t common, but refuses to give up hope.

“I won’t stop,” Widmer said. “I’ve spent hundreds of thousands of dollars. I know he’s innocent. We love him and there isn’t a minute of the day I’m awake that I’m not with him in thought. I want him to be strong and know we’re going to do everything in our power to have justice prevail.”

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