MIDDLETOWN — If the 12th District Court of Appeals overturns Ryan Widmer conviction for killing his wife, the Warren County prosecutor said there will likely be a fourth bathtub murder trial.

Prosecutor David Fornshell said in his opinion, if the appeals court “unexpectedly” grants Widmer a new trial, he’ll grant the Hamilton Twp. man’s request.

Fornshell could drop charges against Widmer if his conviction is overturned.

“It will depend on what is said in the decision and we would have to evaluate our evidence at that particular time, but if Ryan Widmer asked for a fourth trial, we would certainly consider trying him a fourth time,” he said.

Widmer, 31, was convicted last year for drowning his wife Sarah in their Hamilton Twp. home in 2008. It was the third murder trial for Widmer. The first conviction was overturned by juror misconduct. The second jury was hung. He is serving 15 years to life in prison.

On Tuesday, Fornshell’s office filed an objection to the excessive length of the second appeal filed in the Middletown court. The brief totalled 81 pages with the meat of the argument contained in 69 of those pages. The court usually limits appeals briefs to 20 pages.

Fornshell said the appeals court sets page limits for a reason.

“The idea behind appeals is that you concisely state the grounds for what you believe the trial court did incorrectly,” he said. “As opposed to throwing as much stuff at the wall as you possibly can and hope something sticks.”

Widmer’s appellate attorney Michele Berry-Godsey filed a motion with her brief asking the court to allow the extra 49 pages because of the complex and unique nature of issues. She has asserted five issues of reversible error, largely based on former lead detective Jeff Braley.

Scot Ritter, assistant administrator for the 12th District, said in his decades in the appeals business he has never seen such a lengthy brief, but the court can allow it.