“Regardless of a verdict or non-verdict, the rule requires that there be a nexus between an acquittal — a failure of evidence — and the proof at trial, without the court invading the province of a jury by weighing it,” he wrote. “To accept the argument propounded by the defendant potentially opens the door to every deadlocked jury having the judge weigh in as a 13th and omnipotent juror. The court does not believe that to be the intent of the jury system or the criminal rule.”
Widmer stands accused of drowning his wife, Sarah Widmer, in the bathtub of their Hamilton Twp. home in August 2008. A jury a year ago found Widmer, 29, guilty. However, that verdict was thrown out after jury misconduct was found.
A second trial ended June 1 with a hung jury and a mistrial.
Widmer’s parents, Gary and Jill Widmer, who are divorced, said they respected the judge’s decision, but said Ryan was devastated.
Both said they were very pleased with the representation their son received, but they have financial concerns to consider going forward.
“There are a lot of things we have to discuss and financial things we need to take into consideration,” Jill Widmer said. “I’ll just sell some things that I have and it’s the same with Gary. We’re in this together. It’s our son and we know he’s innocent and we’ll do whatever it takes for him to be set free.”
After Widmer’s first trial, defense attorney Charlie Rittgers stepped aside, saying the case “needed a fresh set of eyes.” One of Widmer’s current attorneys, Jay Clark, said they have not discussed who will represent Widmer in the third trial.
Warren County Prosecutor Rachel Hutzel said it is now up to Bronson to schedule the third trial, “It will be as soon as the court can block out a sufficient amount of time,” she said. Clark said he thinks the third trial won’t be until next year.
Many have said a third trial cannot be held in Warren County because of the intense publicity. Hutzel said she cannot comment on a change of venue because of Bronson’s gag order.
However, Clark said he can’t say if they’ll ask for a change, but acknowledged two juries have already been seated in the case, “I have no reason to think we couldn’t get a jury again, it’s something we’ll absolutely have to look at, but I don’t feel uncomfortable with the citizens of this county.”
University of Dayton Law Professor Thaddeus Hoffmeister said all along he doubted Bronson would acquit Widmer. He says the third trial will have to be held elsewhere.
“The fact that four former jurors actually showed up to hear oral arguments in Ryan Widmer’s motion for acquittal hearing demonstrates how vested and interested the community is in this trial,” he said. “This in turn makes it extremely difficult for the judge to impanel an unbiased jury in the future.”
Either side can request a change of venue, or Bronson can make that call on his own. If the change is granted, the prosecutors would travel to the new venue, but Bronson would not. A judge in the new county would preside.
The two trials have cost taxpayers in Warren County $51,924. The first cost $22,214 and the second $29,710, according to the prosecutor’s office. These costs do not include payroll for staffers who have worked on the case for two years.
The prosecutors have also revealed they have a new mystery witness who will testify Widmer confessed to killing his wife and will outline what triggered the attack.
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.”
Widmer will remain free on a $400,000 bond.
Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.
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