Prosecutors won't appeal Widmer retrial

Case will be in national spotlight as part of 'Dateline NBC' feature

September 16, 2009, 8:34 a.m.

STAFF REPORT

Warren County Prosecutor Rachel Hutzel said her office will not appeal to the Ohio Supreme Court following an appeals court's decision to move forward with the Ryan Widmer retrial.

Widmer was convicted of murder in the drowning death of his wife, Sarah, last August in the couple's Hamilton Township home. He received a sentence of 15 years to life in prison, the mandatory penalty under state law.

Earlier this month, the Ohio 12th District Court of Appeals refused prosecutors' initial effort to appeal a Warren County judge's order granting the 28-year-old Widmer a new trial.

Common Pleas Judge Neal Bronson ruled in July that jury misconduct violated Widmer's right to a fair trial.

Widmer was released from jail after Bronson granted him a lower bond.

"Dateline NBC" has scheduled an hour-long segment on the Widmer case, "Behind Closed Doors," for 9 p.m. Friday.

Widmer had faced a more severe charge of aggravated murder.

Jurors deliberated for more than 21 hours over two days before finding him guilty. The jury of six men and six women, who asked to see the bathtub used as evidence by prosecutors.

The prosecution had argued that a bruise on Sarah Widmer's neck indicated she was grabbed and her head was forced underwater. The defense said she may have fallen asleep in the tub or suffered a medical problem and the bruising could have been caused by resuscitation attempts.

Widmer's retrial is expected to begin early next year.