“The court finds the evidence, when construed in a light most favorable to the state and without weighing it, was legally sufficient to support a conviction,” he wrote.
Widmer stands accused of drowning his wife, Sarah Widmer, in the bathtub of their Hamilton Twp. home in August 2008. A jury a year ago found Widmer, 29, guilty. However, that verdict was thrown out after jury misconduct was found.
A second trial ended June 1 with a hung jury and a mistrial.
Warren County Prosecutor Rachel Hutzel said it is now up to Bronson to schedule the third trial, “It will be as soon as the court can block out a sufficient amount of time,” she said.
Before Bronson’s decision, prosecutors vowed to try Widmer a third time and said the Stewards, Sarah Widmer’s mother and brother, fully support another retrial.
“The Steward family is fully committed to proceeding with a retrial and will cooperate fully in any such proceeding,” First Assistant Prosecutor John Arnold wrote in his memo opposing the acquittal. “Ruth Ann Steward and her son Michael are firmly convinced that Ryan Widmer caused the death of Sarah and have been since before the first trial began.”
Many have said a third trial cannot be held in Warren County because of the intense publicity. Hutzel said she cannot comment on a change of venue because of Bronson’s gag order.
Widmer will remain free on a $400,000 bond.
Arguments by both sides during a hearing on Tuesday centered mainly on what legal standard the judge should apply while considering the acquittal motion.
Defense attorney Jay Clark argued that since the prosecution cannot appeal the decision if the judge acquits, there is very little case law to follow. But the law that is on the books, he says, distinguishes the standards for when there is an actual verdict in a case and when a jury is hung.
Clark said the judge needs to look beyond the evidence presented in the case and consider the fact that no jury will ever agree on a verdict.
“In short, you saw 33 hours of deliberations, 100 exhibits and over 40 witnesses and 12 people couldn’t agree,” he said. “I think this is one of those cases where the evidence is such, there is a significant probability that no 12 people can ever agree.”
Clark also gave the judge affidavits — over the prosecution’s objection — from three jurors who say they agree that no one will ever unanimously agree on a verdict in this case.
First Assistant Prosecutor John Arnold told Bronson the state’s case is solid even though much of it was based on circumstantial evidence.
“The claims that Sarah fell asleep or suffered from some undiagnosed, undetected, unknown malady fly into the face of common sense and reason,” he said. “This court should not try to resolve the credibility of those witnesses. That’s the job of the jury and it’s not part of the Rule 29 standard. I remind the court that circumstantial and direct evidence have the same evidentiary value.”
Widmer’s father Gary Widmer said his son remains in limbo.
“He lives for nothing, there’s just nothing,” he said. “Both families lives have been on hold for two years. Your whole life has changed.”
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