Monday, May 20 2013 7:56 AM EDT2013-05-20 11:56:23 GMT
A Colerain Township man is arrested on charges he raped a 12-year-old girl. Toussaint Thrower, 37, is accused of committing the crime over a period of two years. He is expected to appear in court thisFull Story >
The police report also states the victim is pregnant and the act happened at least four times between 5-18-2011 and 1-1-2013.Full Story >
Monday, May 20 2013 7:48 AM EDT2013-05-20 11:48:36 GMT
You can buy a little luck for just $7, thanks to a Craigslist post. A Covington resident is selling two four leaf clovers, according to a post on Craigslist Sunday afternoon The posting reads, "I haveFull Story >
A Covington resident is selling two four leaf clovers, according to a post on Craigslist Sunday afternoonFull Story >
Monday, May 20 2013 7:04 AM EDT2013-05-20 11:04:07 GMT
An Indianapolis Steak & Shake restaurant waitress got a $46 tip from one of her regulars.Full Story >
An Indianapolis Steak & Shake restaurant waitress got a $446 tip from one of her regulars. 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.
Sunday, May 19 2013 11:54 PM EDT2013-05-20 03:54:19 GMT
Dozens of volunteers in Middletown are giving back to a deserving single mother in need of a break. "It's way beyond anything I could've ever imagined in a million years," said Elizabeth Edwards, whoFull Story >
Dozens of volunteers in Middletown are giving back to a deserving single mother in need of a break.Full Story >
Sunday, May 19 2013 5:33 PM EDT2013-05-19 21:33:10 GMT
Warren County authorities are investigating two bodies found in a home on Sunday. Officials were called to a residence in the 3900 block of Riley Avenue in South Lebanon around 10 a.m. Sunday morning. LittleFull Story >
Warren County authorities are investigating two bodies found in a home on Sunday. Officials were called to a residence in the 3900 block of Riley Avenue in South Lebanon around 10 a.m. Sunday morning.Full Story >
Monday, May 20 2013 12:08 AM EDT2013-05-20 04:08:33 GMT
To celebrate the 40th Anniversary of an episode of 'The Brady Bunch' that was filmed at Kings Island, stars from the show are returning to the park.Barry Williams (Greg Brady), Christopher Knight (PeterFull Story >
To celebrate the 40th Anniversary of an episode of 'The Brady Bunch' that was filmed at Kings Island, stars from the show returned to the park on Sunday.Full Story >
Sunday, May 19 2013 8:31 PM EDT2013-05-20 00:31:32 GMT
Authorities are investigating a shooting in Liberty Township. The shooting happened Sunday afternoon at the Countryside Village Mobile Home park off of State Route 4 in Liberty, Ohio. FOX19 has a crewFull Story >
The shooting happened Sunday afternoon at the Countryside Village Mobile Home park off of State Route 4 in Liberty, Ohio.Full Story >
Monday, May 20 2013 6:13 AM EDT2013-05-20 10:13:28 GMT
Police are investigating a shooting a in South Fairmount. Authorities were notified of a shooting in the 1700 block of Queen City Avenue around 9 p.m. on Sunday evening. Little information is known atFull Story >
Authorities were notified of a shooting in the 1700 block of Queen City Avenue around 9 p.m. on Sunday evening. The victim was transported to the hospital where he died.Full Story >
Monday, May 6 2013 1:29 PM EDT2013-05-06 17:29:07 GMT
A man charged with public indecency is expected to appear in court. Police say 36-year-old Jason Fletcher and Laura Oditt engaged in sexual conduct in a public place. The location is not named in courtFull Story >
A man charged with public indecency is expected to appear in court.Full Story >
Sunday, May 19 2013 4:51 PM EDT2013-05-19 20:51:38 GMT
A trooper sustains minor injuries after a police chase Sunday morning. Dispatchers say it all started at a rest area near Lebanon. Dispatchers report that troopers spotted a woman driving a vehicle thatFull Story >
A 43-year-old woman is in custody after leading troopers on a 23-mile pursuit and crashing into a police cruiser in Warren County. Full Story >
Friday, May 17 2013 11:18 PM EDT2013-05-18 03:18:36 GMT
FOX19 has exclusively learned that as many as five people could be the first Cincinnati IRS employees to face disciplinary action for allegedly targeting Tea Party and Liberty groups applying for non-profit status. Full Story >
FOX19 has exclusively learned that as many as five people could be the first Cincinnati IRS employees to face disciplinary action, and possibly even criminal charges, for allegedly targeting Tea Party and Liberty groups applying for non-profit status.Full Story >
Tuesday, May 7 2013 9:23 PM EDT2013-05-08 01:23:28 GMT
An Oregon City man said he was shot in the back while he was longboarding in his neighborhood Friday night. Zach Losness described something stinging his back as he rode his long board, a longer versionFull Story >
An Oregon City man said he was shot in the back while he was longboarding in his neighborhood Friday night. Zach Losness described something stinging his back as he rode his long board.Full Story >
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