Widmer, 30, will stand trial for a third time Jan. 18 on charges he drowned his wife Sarah Widmer in the bathtub of their Hamilton Twp. home in August 2008. He was found guilty after his first trial in the spring of 2009. However, Judge Neal Bronson ordered a new trial after juror misconduct was discovered. A second jury in June was deadlocked on its decision.
Widmer’s lawyers asked Bronson to acquit their client shortly after the second mistrial was declared. In a filing objecting to the acquittal, the prosecutors revealed they have a new mystery witness who will testify Widmer confessed to killing his wife and will outline what triggered the attack.
The name of the witness or his or her relationship to Widmer has not been released
Under new court rules, the prosecutors do not have to reveal this person’s identity, even to the defense, until just prior to the new trial. The prosecutors have said the witness “is fearful that disclosure may subject him or her to bodily harm and intimidation or coercion.”
The rules do not mandate that a different judge — other than the judge hearing the case — must hear arguments about shielding the witness, but Ohio Supreme Court case precedent seems to, according to Ian Friedman, past president of the Ohio Association of Criminal Defense Lawyers.
Friedman, who helped write new discovery rules that went into effect in July, said this is a gray area since the rules are so new.
Especially in this case, where Bronson has heard the evidence twice already, Friedman said it was prudent for Flannery to hold the hearing.
According to the new rules, if Flannery deems it was proper for the prosecutors to shield the witness, the defense will learn the witness’ identity just prior to the start of trial. If Flannery finds the prosecutors should not have hidden the person, there are any number of sanctions, including continuing the trial to give the defense more time to prepare.
Meanwhile, 200 potential juror questionnaires were mailed out a few weeks ago and 166 responded. Seventeen people were excused, leaving the court with 149 potential jury members, according to Court Administrator Scott McVey.
Prior to the mystery witness hearing, Bronson will hold a juror hardship session, where potential jurors are expected to appear if they cannot serve on the trial, which is supposed to last three to four weeks.
Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.
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