Tuesday, September 2 2014 7:01 AM EDT2014-09-02 11:01:42 GMT
A Russian official is complaining that EU Commission President Jose Manuel Barroso breached confidentiality when he quoted President Vladimir Putin as saying Moscow could take over Kiev in two weeks if it wished.Full Story >
A Ukrainian official said Tuesday that Russian forces have been spotted in both of the major rebel-held cities in eastern Ukraine.Full Story >
Tuesday, September 2 2014 5:50 AM EDT2014-09-02 09:50:09 GMT
Pete Rose will coach first base for the Florence Freedom on Tuesday, September 2. The Freedom will also retire Rose's #14 during the game that evening. First pitch is set for 6:35 p.m. against the RiverFull Story >
Pete Rose will coach first base for the Florence Freedom on Tuesday, September 2. The Freedom will also retire Rose's #14 during the game that evening.Full Story >
LEBANON, OH (FOX19) - Ryan Widmer's defense team has filed a motion for a retrial, alleging one of the jurors made a bias statement and should have been removed from the jury.
Widmer, 30, was found guilty of murder on Feb. 16 in the drowning death of his wife, Sarah.
A motion filed by defense attorneys Jay Clark and Lindsey Gutierrez alleges they received phone calls from family members of one of the jurors, "D.E." during the second day of the trial. The family members said D.E. had visited her best friend, "S.L." a few days before the trial began, telling her, "Don't worry about the Widmer case, we have all talked about it and we know he is guilty. He (Ryan Widmer) is going to rot in hell."
In a phone interview with FOX19, D.E. said that statement is "an out and out lie." She claims her friend's sister called the Widmer defense team and made the allegations.
"It was her sister that took it upon herself to call the county and talk to the defense attorney about this, why I don't know, I just know that drugs and alcohol were involved supposedly when they had this conversation," said D.E.
The defense team brought this statement to the court's attention, and D.E. was brought into the judge's chambers. She said her only recent conversation with S.L. had been about S.L.'s health, and that S.L. had asked about the trial, but D.E. said she wasn't allowed to say anything.
D.E. was dismissed from chambers and an instruction was given to the rest of the jurors regarding anyone approaching them about the case or speaking to anyone about the case.
The court determined D.E. would remain on the jury because she was honest about her conversations and had not made the statement.
The same week, defense attorneys sent a private investigator to talk to S.L., who told them she and D.E. were like sisters, and that D.E. was the executor of her estate. S.L. denied that D.E. had made the statement, but she had told her the jurors were able to go out for lunch and they would probably be sequestered during deliberations, which had not been discussed with jurors in open court.
The motion alleges that D.E. lied about the nature of the relationship with her best friend, so, "it is difficult to believe she was honest and sincere about the statement."
"She has a terminal illness," said D.E. "We discussed that, that is what we talked about. And there wasn't really anything else I needed to tell them in chambers, what more could I say."
Defense attorneys said in the motion that Widmer should get a new trial because D.E. was not removed from the jury after the allegations she made that statement.
"Based upon Juror D.E.'s statements to her best friend S.L. during the first week of the trial, it is impossible to believe D.E. remained impartial during the course of the trial," the motion reads. "It is clear from Juror D.E.'s statement her mind was made up on Ryan's guilt before hearing the evidence....Juror D.E.'s failure to remain impartial violates Ryan's most basic constitutional right."
D.E. says the accusations have ruined her life.
"I don't know what the laws are in Ohio for libel, I've never had a problem like this," she said. "But I certainly intend to find out, I will not stop until I find out what I can do about this."
Defense attorneys also said in the motion that Widmer was prejudiced by burden shifting on behalf of jury. The motion quotes statements jurors made to the media after the verdict saying the evidence did not prove innocence.
"An expectation of Ryan to prove his innocent is the equivalent of jurors considering the race or ethnicity of a defendant when reaching a verdict," the motion reads. "Both violate a defendant's constitutional right to a fair trial because the jurors are considering matters outside the evidence."
The third point presented in the motion was that Widmer's verdict was not sustained by sufficient evidence.
"There is no way a rational fact finder could easily conclude that all elements of murder were proven beyond a reasonable doubt," the motion states.
FOX19 legal analyst Mike Allen said these allegations aren't enough to merit a new trial.
"It's not gonna happen, the new trial will probably be denied," said Allen. "I think ultimately, the 12th District Court of Appeals, will rule it is not enough to reverse that conviction."
Prosecutors have until March 18 to respond.
Warren County Prosecutor David Fornshell issues the following statement in the State v. Widmer case:
"Our office will review the Motion for a New Trial filed today with the Court. The Court has set March 18th as the deadline for the submission of the State's response. Our office will prepare a written response to the Motion for a New Trial and file it with the Court no later than the deadline established by the Court."
Sarah Widmer drowned in the bathtub of the couple's Hamilton Township home in August of 2008. A murder conviction in Ryan Widmer's first trial was overturned due to juror misconduct; a second trial ended in a hung jury.
Widmer is currently serving a 15 years to life sentence for the conviction in the third trial.
Monday, September 1 2014 12:29 PM EDT2014-09-01 16:29:04 GMT
Dozens of celebrity photos, including some alleged images of actress Jennifer Lawrence nude, began spreading all over the Internet on Sunday evening. Find out how to keep your photos secure here.Full Story >
Dozens of celebrity photos, including some alleged images of actress Jennifer Lawrence nude, began spreading all over the Internet on Sunday evening. Find out how to keep your photos secure here. Full Story >
Friday, July 18 2014 3:26 PM EDT2014-07-18 19:26:33 GMT
It's been an extremely difficult day for family and friends as well as officers. So many people were crying, upset as the body of 5-year-old Janaya Thompson was removed from an abandoned trailer.Full Story >
It's been an extremely difficult day for family and friends as well as officers. So many people were crying, upset as the body of 5-year-old Janaya Thompson was removed from an abandoned trailer. Coroner Gary Hargrove said Janaya's body was found in a bathroom.Full Story >
Monday, September 1 2014 10:17 PM EDT2014-09-02 02:17:32 GMT
A part-time computer science UC Professor is missing and his family is desperate to find him. Kentucky State Police says no one has seen or heard from Randy Russ since Aug. 17.Full Story >
A UC Professor is missing and his family is desperate to find him. Kentucky State Police says no one has seen or heard from Randy Russ since Aug. 17 Russ is a part-time computer science professor at UC.Full Story >
Tuesday, September 2 2014 12:29 AM EDT2014-09-02 04:29:46 GMT
McDonald's, Wendy's and other fast-food restaurants are expected to be targeted with acts of civil disobedience that could lead to arrests Thursday as labor organizers escalate their campaign to unionize...Full Story >
McDonald's, Wendy's and other fast-food restaurants are expected to be targeted with acts of civil disobedience that could lead to arrests Thursday as labor organizers escalate their campaign to unionize the...Full Story >
Friday, July 18 2014 6:53 AM EDT2014-07-18 10:53:02 GMT
"This tragedy has rocked the foundation of our community." With those words, Gulfport Mayor Billy Hewes said what so many were feeling Thursday as news broke about the death of Janaya Thompson.Full Story >
"This tragedy has rocked the foundation of our community." With those words, Gulfport Mayor Billy Hewes said what so many in Gulfport and on the entire Gulf Coast were feeling Thursday as news broke about the death of 5-year-old Janaya Thompson.Full Story >
Thursday, August 21 2014 11:59 AM EDT2014-08-21 15:59:09 GMT
A car smashed into the side of a hearse during a funeral procession Wednesday, knocking it on its side. The crash happened early Wednesday afternoon in Colerain Township. A funeral procession was headedFull Story >
A car smashed into the side of a hearse during a funeral procession Wednesday, knocking it on its side.Full Story >