TALK ABOUT THE TRIAL
LEBANON — The mystery witness expected to testify in the third Ryan Widmer murder trial is likely a woman and could be a former stripper.
That revelation and other sordid background was released Wednesday during jury selection. It took about 16 hours to seat a jury of six women, six men and three female alternates for the trial, following two days of questioning.
A subpoena issued Wednesday by the prosecution refers to the witness as “Jane Doe.” Prosecutors claim the witness will testify Widmer admitted to them that he killed his wife, 24-year-old Sarah Widmer.
Widmer’s defense team used the second day of juror selection to ask prospective jurors about drug abusers, stalkers and strippers, possibly shedding light on the identity of the unknown witness.
Among other wide-ranging questions, defense attorney Jay Clark asked jurors whether they believed a drug abuser had less credibility than a typical witness and if they knew a stripper from Iowa.
Clark asked if they believed someone could stalk or become obsessed with a person after watching them appear on TV shows such as “Dateline.”
Widmer’s case aired on “Dateline” in September 2009. A subpoena has been filed by the prosecution asking for phone records from Sept. 18, 2009, through June 17, 2010, from Widmer’s cell phone.
The defense has said they intend to present evidence of the unknown witness’ alleged prior convictions.
The witness remains a mystery because he or she claimed in an affidavit to have been threatened by Widmer, and the prosecution asked for the identity to remain shielded.
Widmer, 30, is accused of drowning Sarah Widmer, an Edgewood High School graduate, in the bathtub of their Hamilton Twp. home in August 2008.
The defense turned its questioning to potential jury members’ feelings on Widmer taking the stand. Several potential jurors said they would not hold it against Widmer if he doesn’t testify, but one expert said the mystery witness might force the decision.
Thaddeus Hoffmeister, a jury expert and professor at the University of Dayton School of Law, was in court on Wednesday. He said this mystery witness, if credible, could force Widmer to take the stand, because for the first time ever a motive might be introduced in the case.
“If you have someone who can testify to what happened specifically in that house and why those actions occurred, unless this person is truly incredible, it is going to force their hand and it will require them to put Ryan on the stand,” he said.
Despite the fact Bronson told the prospective jurors quite demonstratively who bears the burden of proof, one juror still told the defense they have to prove Widmer is innocent. Bronson had to remind the jury a couple times the defense has nothing to prove and the burden is on the prosecution.
A retired Western & Southern vice president, several teachers and a trucking company worker were among the jurors chosen.
Assistant Prosecutor John Arnold asked the W&S vice president in his business experience if he had seen paperwork errors and if he could sift through the “wheat and the chaff” of what constitutes serious clerical error.
First responders left incomplete forms at the hospital when Sarah Widmer was transported there and errors and omissions on emergency room records were found.
When the trial will start again is not certain. Bronson told the jury to call Sunday to check whether it will begin Monday.
This is the third trial for Widmer, who lives with family members and is free on bond. The first jury found Widmer guilty, but after juror misconduct was discovered, the conviction was overturned and a new trial was ordered. The jurors in the second trial last spring were deadlocked.
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