“Appellant is not a public figure, nor does this case pose any substantial constitutional question that would affect the public,” Assistant Prosecutor Michael Greer wrote. “Moreover, this court should not grant leave to appeal this felony case since appellants propositions of law simply lack merit.”
Michelle Berry-Godsey’s second appeal asks the justices in part to consider whether Widmer’s request to have his wife Sarah’s DNA tested to see if she suffered from Long QT — a rare disorder that causes people to pass out and drown when they are near or in a body of water — should have been allowed.
The 12th District Court of Appeals reasoned the state statutes refer only to testing of the defendant’s biological tissue and declined to broaden the scope.
Greer listed six pieces of evidence from the three trials that could not be explained away, assuming Sarah had the syndrome. He said the inconsistent 911 call, Sarah’s dry body and damp hair, bruises and hemorrhages on the her head and neck are among things that can’t be dismissed.
“During all three trials, appellant elicited testimony from numerous medical experts regarding several cardiac, neurological and seizure disorders that could have possibly contributed to a sudden, unexplained death,” Greer wrote. “The jury heard testimony about numerous speculations based on these disorders but rejected them since evidence showed that they were not reasonable possibilities.”
Greer also rejected Berry-Godsey’s arguments regarding suppressed evidence about lead detective Jeff Braley’s alleged truthfulness issues, because he was merely a bit player in the case.
Widmer is serving a 15-year to life sentence for the 2008 drowning death of his wife. The first trial in 2009 ended in a mistrial over juror misconduct. The second jury was hung and a third jury found him guilty in 2011.
The high court turned Widmer away in his first appeal, that dealt largely with seizure of the bathtub, by a vote of 4 to 3.
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