Ryan Widmer's attorney fights for a fourth trial - WSFA.com Montgomery Alabama news.

Widmer's attorney fights for a fourth trial

MIDDLETOWN, OH (FOX19) - It's now up to the Ohio 12th District Court of Appeals to decide if Ryan Widmer, 31, should get another trial.

The last of two appeal hearings was conducted Tuesday morning in Middletown. At the hearing appellate attorney Michelle Berry's arguments centered around the case's lead detective, former Hamilton Township Lt. Jeff Braley.

"Ryan's constitutional rights allow him to present a defense to the jury that Braley's pattern for lying and his incompetence to hold the position of lead detective in a murder case, taints the entire investigation," said Berry.  

"If you can rely on the lieutenant starting the process, you can't rely on anything from there forward," said Gary Widmer, Ryan's father.  "It has a big snowball effect."

Berry also claims that Braley could have tampered with evidence while the bath tub was in his custody for three months.

"When Bill Hillard went to process the bathtub which had been sitting in the Hamilton Township Police Dept basement under Braley's control for three months, it was not in the same condition as when Danny Harness from the Miami Valley Crime Lab left it three months earlier," said Berry.  

Warren County Assistant Prosecutor Michael Greer argues there is no evidence to support any of the appellate's claims.

"There is no evidence, anything that gets us from Mr. Braley's alleged lack of credibility to the integrity of the investigation was breached," said Greer.

No decision on a fourth trial was made on Tuesday, and it could be several weeks or months before a decision is made.

Copyright 2012 WXIX. All rights reserved.

  • NewsMore>>

  • NFL to require all on-field players to stand for national anthem

    NFL to require all on-field players to stand for national anthem

    Wednesday, May 23 2018 12:33 PM EDT2018-05-23 16:33:08 GMT
    Wednesday, May 23 2018 12:59 PM EDT2018-05-23 16:59:01 GMT

    NFL Commissioner Roger Goodell said Wednesday that players on the field who do not stand and "show respect" during the national anthem will be subject to discipline. 

    More >>

    NFL Commissioner Roger Goodell said Wednesday that players on the field who do not stand and "show respect" during the national anthem will be subject to discipline. 

    More >>
  • FDA warns teething medicines unsafe, wants them off shelves

    FDA warns teething medicines unsafe, wants them off shelves

    Wednesday, May 23 2018 9:43 AM EDT2018-05-23 13:43:09 GMT
    Wednesday, May 23 2018 12:57 PM EDT2018-05-23 16:57:25 GMT
    The Food and Drug Administration said that various gels and creams containing the drug benzocaine can cause rare but deadly side effects in children, especially those 2 years and younger. (Source: FDA)The Food and Drug Administration said that various gels and creams containing the drug benzocaine can cause rare but deadly side effects in children, especially those 2 years and younger. (Source: FDA)

    The US Food and Drug Administration health is warning parents about the risks of teething remedies.

    More >>

    The US Food and Drug Administration health is warning parents about the risks of teething remedies.

    More >>
  • Pompeo 'very hopeful' N. Korea talks will still take place

    Pompeo 'very hopeful' N. Korea talks will still take place

    Wednesday, May 23 2018 12:44 AM EDT2018-05-23 04:44:27 GMT
    Wednesday, May 23 2018 12:54 PM EDT2018-05-23 16:54:10 GMT
    (AP Photo/Evan Vucci). President Donald Trump meets with South Korean President Moon Jae-In in the Oval Office of the White House, Tuesday, May 22, 2018, in Washington.(AP Photo/Evan Vucci). President Donald Trump meets with South Korean President Moon Jae-In in the Oval Office of the White House, Tuesday, May 22, 2018, in Washington.

    The June 12 summit, planned for Singapore, offers a historic chance for peace on the peninsula - but also the risk of an epic diplomatic failure that would allow the North to revive and advance its nuclear weapons program.

    More >>

    The June 12 summit, planned for Singapore, offers a historic chance for peace on the peninsula - but also the risk of an epic diplomatic failure that would allow the North to revive and advance its nuclear weapons program.

    More >>
Powered by Frankly