Balko said that county coroner Dr. Russell Uptegrove did not take tissue samples from the sections of Widmer’s brain that could have been microscopically studied to determine whether she had a seizure or suffered from narcolepsy.
Jurors appeared enthralled, leaning forward in their seats and craning their necks to get a better view, as Balko, using pig brains, showed them how a fresh brain specimen easily disintegrates. Had Uptegrove soaked the brain in formaldehyde for a couple weeks, he would have been able to get more meaningful tissue samples to study, Balko said.
He also said Uptegrove should have taken more tissue samples of the heart to rule out miniscule evidence she may have suffered a cardiac emergency. Genetic testing also might have revealed whther she suffered from Long QT Syndrome, a condition that effects the spacing of heartbeats. He has had two previous cases where young boys died as a result of the syndrome.
Sarah Widmer’s cleft palette that was repaired as a child, her small stature and frequent headaches he said indicate to him she may have suffered a variance of the syndrome.
“I have issues with the thoroughness of the examination of the heart and the brain,” he said.
After the first trial in 2009 Uptegrove said he knew there was further testing he could have ordered, but since he felt he had a homicide on his hands he didn’t. Genetic testing he said was expensive and took a long time. He believed bruising he found on Sarah Widmer’s head and neck indicated her husband Ryan Widmer was responsible for her death.
Widmer, now 30, is on trial for a third time for the drowning death of his wife in their Hamilton Twp. home on Aug. 11, 2008.
After studying tissue sample slides, the two autopsy reports and photos, all the various medical, police and first responder reports and reviewing trial transcripts of various witnesses, Balko said he would declare the manner of death undetermined.
He said all the vicious bruising Uptegrove found on the head and neck was consistent with prolonged efforts by medics to revive her.
Assistant Prosecutor Travis Vieux on cross examination noted that Balko did a lot more homework for this trial, but asked how the doctor was able to decide the manner of death as undetermined before the first trial when he had virtually none of the records he reviewed for this trial. Balko said he stood by his determination in both cases.
Vieux did get Balko to admit strangulation could occur without the presence of defensive wounds, finger marks on the neck, that a dead body can cool as slowly as a degree per hour — first responders described Sarah Widmer’s body as hot — and that it is difficult to review a case where others have performed the actual autopsy. He also reminded the doctor — Clark mentioned this in his examination — that he previously misidentified a couple body parts in autopsy photos.
Balko testified at the first Widmer murder trial in 2009, but not the second in 2010.
While on the stand in the 2009 trial, Balko told Vieux he performed his own unscientific experiment to see how long it would take to dry.
“I was curious about that myself. So I stood outside my shower this morning and didn’t dry off,” he said. “It took about seven minutes before I was substantially dry.”
Common Pleas Judge Neal Bronson tossed the 2009 guilty verdict after it was discovered three jurors performed Balko-like drying experiments at home during deliberations and reported their findings to fellow jurors.
Because the Widmer family has spent almost $500,000 defending their son, Bronson declared Widmer indigent in January. The judge approved $6,500 of taxpayer’s money to pay for Balko’s testimony.
The defense had asked for almost $50,000 to pay for five experts and approved $11,000 for Balko and Dr. Chandler Phillips. The judge did not offer taxpayer funds for Dr. David Smile or Dr. Werner Spitz.
Smile testified for free earlier this week. Spitz’s testimony was given through a reading of the transcript of his 2010 testimony. He choked on a chicken bone Christmas Eve and was declared “unavailable” to testify.
Melissa Waller, of Washington state, a Widmer supporter via the “Free Ryan Widmer” website, is expected to testify Friday. Prior to Balko’s testimony, Bronson entered into the record all of the pages former mystery witness Jennifer Crew viewed on the website. Crew, a former Widmer fan turned informant claims the defendant confessed to her via a phone call on Oct. 26, 2009 that he killed his bride.
The stipulated website records mean “Free Ryan Widmer” website creator Mike Mayleben won’t take the stand. That leaves Phillips, a medical doctor, engineer and Nobel Prize nominee, will tell jurors it would be impossible for Widmer to attack his wife in the bathroom, given the cramped dimensions of the bathroom and the absence of defensive wounds on either Widmer.
Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.
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