WARREN COUNTY, OH (FOX19)-- The prosecution in the Ryan Widmer case has filed a new appeal against the judge's decision for Ryan Widmer to get a new trial.
The prosecution says that the judge granted Widmer a new trial based on jury affidavits of alleged jury misconduct. ohio laws allows the proseccution to file a motion to appeal that decision.
According to the motion, the judge viotated Ohio laws by receiving affidavits from the jury about internal influences on the jury. According to Ohio law the judge was not allowed to consider those documents
The appeal is also based on the fact that the jury can only testify about external influences. The prosecutions says that Ryan Widmer's attorneys failed to present evidence from an outside source about the alleged juror misconduct.
Widmer was recently moved to the Warren County Jail after he was granted a new trial last week by Judge Neal Bronson because some jurors conducted their own experiments during deliberations, which was against judge's orders.
In April, a jury convicted Widmer, 28, of killing his wife, Sarah, in a bathtub of the couple's Warren County home.
(Copyright 2009 WXIX-TV and Raycom Media. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)