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Witness heard Widmer admit to killing his wife, prosecution says

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By Denise G. Callahan, Staff Writer Updated 1:10 AM Thursday, July 22, 2010

LEBANON — Warren County prosecutors say they have a new witness who heard Ryan Widmer admit to killing his wife.

In response to the defense’s request for an acquittal, the prosecution said today, July 21, in a court filing they will present a new witness “at trial” who will testify “the defendant had made inculpatory statements, admitting that he killed Sarah.”

“The defendant also described to the witness the argument and motivating circumstances that led up to Sarah’s murder as well as his efforts to manufacture a cover story, including the 911 call,” the filing reads.

Sarah Widmer drowned in the bathtub of the couple’s Hamilton Twp. home almost two years ago. A jury found her husband guilty last year of killing his wife, but the judge declared a mistrial after several jurors admitted they conducted at-home drying experiments during deliberations.

The jurors in the retrial, which began on May 10 and lasted 16 days, was deadlocked.

The filing reveals that the witness contacted the prosecutor’s office after the jury in the recent retrial declared itself deadlocked. Along with the revelation of this surprise witness, the prosecutors also filed a “nondisclosure” action, saying they will only reveal the identity of this person to the attorneys in the case.

“The witness is fearful that disclosure may subject him or her to bodily harm and intimidation or coercion,” the court document reads.

A month ago, defense attorneys, in a motion, asked Judge Neal Bronson to acquit Widmer. If the judge grants the acquittal motion, the case is over. If not, then Prosecutor Rachel Hutzel must decide whether to try Widmer a third time.

There also seems to be little doubt a third trial will ensue if Bronson denies the acquittal motion.

“The Steward (Sarah’s) family is fully committed to proceeding with a retrial and will cooperate fully in any such proceeding,” the prosecution’s filing reads.

David Fornshell, who served as a prosecutor for the city of Blue Ash, said if there is a third trial this mystery witness would be able to testify.

“Admissions by a defendant is not hearsay under the rules of evidence,” he said.

Widmer did spend several months at the Warren Correctional Institution after he was sentenced to 15 years to life after the conviction a year ago.

In the defense motion for acquittal, they revealed Sarah Widmer had a heart murmur as a child. The evidence never reached the juror’s ears. The defense maintains this heart trouble weakens the prosecution’s case because they now can’t claim Sarah Widmer never had a history of heart trouble.

However, the prosecution said the defense was allowed to consult a cardiologist during the trial and Hal Arenstein, one of Widmer’s lawyers, told the court the childhood murmur “probably” did not have any connection to the death.

The prosecution also attacked the defense’s theory on what standard Bronson must follow when making his decision on the acquittal motion. The defense maintained the judge should consider whether a future jury will ever be able to come to a unanimous decision in this case.

“The proper standard is a trial court may not enter a judgement of acquittal if the evidence would allow reasonable minds to reach different conclusions,” First Assistant Prosecutor John Arnold wrote.

If that is the case, the judge can’t consider the undisclosed heart murmur or the surprise new witness. He has to go strictly on what went on in the courtroom.

Bronson has called for a hearing on Aug. 3 in the case, but that does not mean he will make a decision on the acquittal on that date.

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

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