Widmer Timeline
Aug. 11, 2008: Ryan Widmer calls 911 and reports his wife, Sarah Widmer, fell asleep and drowned.
Aug. 13, 2008: Ryan Widmer, 28, of Hamilton Twp. is charged with the murder of his wife.
Nov. 12, 2008: Nov. 17 trial date is rescheduled.
March 23: Widmer’s trial begins in Warren County Common Pleas court.
April 2: After a two-week trial, jury finds Widmer guilty and he is sentenced to 15 years to life in prison.
April 9: Following a Western Star interview with juror Ray Diss, defense attorney Charlie Rittgers files a motion for an aquittal or new trial. He maintains jurors improperly relied on information that was not in evidence.
April 10: Another juror Jon Campbell says several jurors improperly conducted experiments at home to see how long it took them to air dry after bathing.
April 22: Warren County Prosecutor Rachel Hutzel’s office files a response to the motion for a new trial.
July 22: Judge Neal Bronson grants Ryan Widmer a new trial, ruling that experimenting jurors violated Widmer’s right to a fair trial.
After three months of appeals by the defense, a Warren County judge ruled today, July 22, Ryan Widmer will receive a new trial.
Widmer, 28, was convicted in April of drowning his wife Sarah Widmer in the bathtub of their Hamilton Twp. home last summer. Widmer could be released from prison today. Bond was set at $1 million during a closed hearing in front of Warren County Common Pleas Judge Neal Bronson.
The crux of the case was the drowning scene was virtually dry when first responders arrived. Several jurors “experimented” at home during deliberations to see how long it took for them to air dry after bathing.
Bronson in his decision recapped all the affidavits filed by jurors and the “diary” juror Jon Campbell filed. He detailed several times how the jurors said they believed the 911 call Widmer made was staged, but concluded that the at-home drying experiments several jurors performed were critical to the guilty verdict.
“The court can only speculate, but it seems as if the prior conclusion or conclusions were used in reaching the next conclusion,” Bronson wrote. “Under that assumption, an early conclusion based upon improper external evidence may well improperly impact a later conclusion.”
Warren County Prosecutor Rachel Hutzel filed a court document today asking the judge to reconsider his decision based on a recent decision by the 12th District Court of Appeals involving jury misconduct. Bronson ruled during the closed hearing he would not reconsider and Hutzel said she will appeal to a higher court.
Bronson agreed with defense attorney Charlie Rittgers’ contention that the jurors violated Widmer’s right to a fair trial. Widmer will be brought back to the Warren County Jail by the sheriff’s office.
“The court has determined that there were external matters discussed in deliberations,” he wrote. “Pursuant to criminal rule 33 (A), the court must determine if they affected ‘materially’ his substantial rights. These matters constitute a violation of a sixth amendment right and of due process.”
Widmer’s mother Jill said she spoke with her son this morning and he told her he was very excited and feels “the weight of the world has been lifted off his shoulders.” Widmer is in the Warren Correctional Institution serving 15 years to life.
Jill said she is feeling the best she has felt in a year and was grateful to Bronson.
“From the very beginning, before the trial even started I felt Judge Bronson was a very fair man,” she said. “I just want to thank him so much that he came to the right decision for Ryan.”
Rittgers said he couldn’t be more pleased for his client and he trusts Widmer will be vindicated in the new trial.
“This is one of the happiest days of my life,” he said, “behind my marriage and birth of my children. I’m a happy guy.”
Hutzel said she will ask for a $1 millon bond for Widmer and added she will continue to fight for justice for Sarah Widmer.
The retrial is virtually unprecedented in Warren County. Court Administrator Scott McVey said he can’t remember there ever being a retrial in the county.
“As far as I can recall there hasn’t been one period,” he said. “But remember we don’t get that many big trials, you would think it would stick out if we did.”
McVey said if there is a new trial, it would stay in Bronson’s court, if the judge so desires.
Butler County Prosecutor Robin Piper said Bronson would be required to set a new bond for Widmer, but that doesn’t necessarily mean he’ll be freed from prison. Widmer’s bond originally was set at $1 million and it was reduced to $400,000. Widmer’s mother Jill Widmer put up her Mason home to secure the bond.
Piper said Bronson could demand a high cash bond, which could be nearly impossible to secure.
“There were some people who heard the evidence who think he is guilty of murder, so having heard all that evidence I think it would be stronger for the position it needs to be a very high bond,” Piper said. “If the purpose of bond is to secure a person’s attendance, if you look at that alone, would the defendant who has been previously convicted by jurors be more likely to run or less likely to run? He’d be more likely to run.”
At a press conference with Rittgers, Jill Widmer said that the cost of the trail had eaten nearly all of her retirement fund.
“But the financial toll doesn’t compare to the emotional toll its taken on me and Ryan,” Jill said.
“The public needs to keep in mind this could happen to family,” Jill said. “We’re a regular family. Sometimes the system doesn’t work as well as it could.”
Legal experts say a new trial for Widmer likely won’t be déjá vu all over again. Rittgers won’t be first chairing the proceedings.
“I think the case should have new eyes, meaning someone else should look at this and maybe do something differently,” he said. “And, because I believe strongly my client is innocent, I personally could not handle losing the case a second time. It would be too much to bear.”
Widmer’s mother said they had chosen Hal Arenstein and Jay Clark to represent Ryan in a second trial after interviewing several attorney.
Jill Widmer said her son wants to tell his story.
Thaddeus Hoffmeister, assistant professor at the University of Dayton School of Law, said since the first jury put such stock in the 911 call Widmer made, he’d put him on the stand so the jury could put the call and Widmer in person in context.
“I don’t know how you get that across, absent him taking the stand, and showing them that’s how he reacts, that’s his tone of voice, that’s what he does,” he said.
Widmer said she was “flabbergasted” the jury honed in on the 911 tape.
“I guess because I’m Ryan’s mother, when I listened to that 911 tape I just hear a very frightened young man,” she said. “And I think he’s very distressed... For them to have focused on that 911 call, I think he was very distraught. The 911 operator got up there and said he sounded very calm, but on the tape he said ‘calm down I can’t understand you.’”
Given that three jurors went home and tested how long it takes to dry, Hoffmeister said the defense better also find an expert in air drying.
As for a change of venue? Hutzel said she doesn’t think one is necessary. Hoffmeister said the defense might want to keep the case in Warren County because public opinion favored Widmer. Allen said as long as jurors can tell the judge they can make a decision based on the evidence and the law, it doesn’t matter if they have heard or read about this much publicized case.
The “Free Ryan Widmer” group has held several events in support of Widmer and thousands have turned out. Jill Widmer said the group has raised about $10,000 to help pay the legal bills.
“The community support has meant the world to our family,” Jill Widmer said.
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