On Day 9 in Ryan Widmer’s first murder trial, that jury, after 23 hours of deliberations, found him guilty of drowning his wife, Sarah, on Aug. 11, 2008, in their Hamilton Twp. home. The conviction was overturned and a new trial granted because of juror misconduct.
On Thursday, the defense, before the jury arrived, asked Judge Neal Bronson to dismiss the charges, saying the prosecution had not proven its case. Bronson denied the request.
Thaddeus Hoffmeister, a professor at the University of Dayton Law School, said from what he’s seen, the prosecution probably didn’t meet its burden of proof.
“During the past week both the prosecution and the defense performed well. However, I don’t think the prosecution was able to complete the puzzle and the defense was able to raise questions of doubt in several key areas,” he said. “Thus, I don’t think the prosecution has proven its case beyond a reasonable doubt. One of the big remaining questions is whether Mr. Widmer will take the stand, which is always a risky proposition for the defense. Had the prosecution presented a stronger case, there would be a greater likelihood that he would take the stand in his own defense.”
The last defense witness of the day was Shirley Bonekemper, Widmer’s former boss at the Warren County Convention and Visitor’s Bureau.
She said Widmer, whom she described as “kind, gentle, considerate, shy, intelligent” and someone with great potential, was a rising star at the CVB, where he started working as an intern in November 2004 and was twice promoted. He was terminated from his sales manager job in the sports marketing department at the end of his last trial, but Bonekemper testified she would not hesitate to rehire him.
The day of Sarah Widmer’s death, she said nothing appeared amiss with Ryan Widmer during a staff meeting to announce another employee’s departure. “He stopped by my office and joked about his seniority now,” Bonekemper said.
Questions during the prosecution’s case were raised about Sarah Widmer’s request to get life insurance after she and the defendant were married.
Her boss, Dr. John Becker, testified that Sarah Widmer asked about the insurance, “Because she said if something happened to her she didn’t want her mother to have to pay for her funeral.”
Bonekemper said Widmer had insurance benefits but they did not extend to his wife.
Assistant Prosecutor Jason Hilliard questioned Bonekemper about the personality a salesperson requires. She said both a soft touch and an aggressive style are both effective.
The couple who played matchmaker for the Widmers also took the stand.
Dana Parker-Kist knew Sarah Widmer from working with her at the dental office in Kentucky and her husband, Chris, was Widmer’s college roommate.
Prosecutors queried Sarah Widmer’s best friend and her mother about Parker-Kist and whether she had been at her wedding shower, suggesting maybe she wasn’t that good of a friend. However, Parker-Kist was a bridesmaid and said she couldn’t attend the shower because her son had pneumonia.
Parker-Kist testified that Sarah Widmer was a migraine sufferer and sometimes had to be put in a dark room at the office. When Assistant Prosecutor Travis Vieux queried her on this, she admitted this only happened twice in the year both women worked at the dental office.
Parker-Kist’s husband also took the stand and both said in the numerous times they double dated they had never noticed any discord between the Widmers.
The other dentist in the office, Dr. Ben Messmer, said he was told by other co-workers that Sarah Widmer was not feeling well the day of her death, complaining of a headache and stomach issues. He had occasion to meet socially with the Widmers on a number of occasions he said they appeared to be a happy couple.
Of Ryan Widmer, Messmer said he seemed to be an “all around nice guy and very pleasant to be around.”
Another character witness, Kim Liles, Jill Widmer’s good friend and former assistant at Luxottica, appeared hostile when prosecutors questioned her about times she spent with the Widmers at Jill Widmer’s lake cottage in Kentucky.
She recalled a time when she and Sarah Widmer shared a laugh over the fact that neither of them could leave Target without spending $100. Both said their husbands asked them if their purchases were really necessary and she said everyone laughed as they discussed their spending around the table at the cottage.
Sarah Widmer’s mother testified Wednesday that her daughter’s husband would call her while they were shopping and question purchases she had charged on her credit card. She called him “controlling” when she testified to this event in the first trial.
Liles described the Widmers as a happy, loving couple and characterized Widmer as a “gentle soul.”
Other than character witnesses, the defense called one person who was on the scene the night Sarah Widmer died.
Max Smith, a paramedic who possibly spent more time with Ryan Widmer than anyone the night his wife died, testified Widmer “was very upset and crying” when he first saw him on the landing of the home. Smith also testified that Widmer cried and was very upset during an 8-minute ambulance ride to the hospital. None of the other responders noticed tears.
Smith also described the scene in the bedroom where first responders desperately tried to revive Sarah Widmer. “It’s kind of like organized chaos with a lot going on at same time ...” he said. “We’re working together, but it’s chaotic.”
He agreed it was when defense attorney Jay Clark asked him if it is difficult to perform life-saving techniques in a moving ambulance.
Vieux asked Smith if he noticed any of the first responders performing their duties improperly. Smith said “no,” and that if he had seen something like that he would have corrected that person.
Rounding out testimony of the first day of the defense’s case was Monica Peppard. She and her husband were the Widmers’ pre-marriage counselors at St. Susanna Catholic Church in Mason. She testified they had five or six sessions with the couple in their home but did not feel after that they needed further counseling with the priest.
The Widmers filled out questionnaires designed to gauge their feelings on a host of topics as part of the pre-marriage counseling. While they had some differing opinions, Peppard said that is normal.
“I’ve never seen a questionnaire where everyone agrees on everything,” she said.
At the end of their counseling program, Peppard said they give the bride and groom each an envelope that was labled “In case of marriage emergency.” The envelopes, which were sealed when police uncovered them, contained a note from Peppard and a flier with marriage counseling information.
Peppard said Sarah Widmer never complained about chest pains or fell asleep during the counseling sessions or suffered a seizure when asked by the prosecution. Questions the prosecutors asked all the defense character witnesses Thursday. They all replied no.
Sarah Widmer’s friends and acquaintances testified that she napped at odd times and places. The defense maintains she suffered a medical emergency and did not fall asleep and drown in the bathtub. However, Widmer told first responders his wife fell asleep often.
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