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Jury Selection and Opening Statements
Written by Mike Mayleben   
Saturday, 12 September 2009 19:26


JURY SELECTION - Day 1 March 23, 2009


The courtroom has nearly filled with family members, media and other observers, but little activity has gotten under way.

The defendant sits quietly in a black suit and pea green tie at a table with his attorneys, his shoulders hunched forward and his hands clasped together.

His fraternal twin brother sits silently behind him with their mother and another relative.

The gallery behind Ryan Widmer is mostly filled, but a gallery off to the judge's right-hand side is only half full. The back two rows are filled with a handful of local reporters and possibly some courthouse personnel, but the first row is filled with women in their early 20s and one man about the same age.

Prosecutors quietly sift through papers pulled from brown file folders, tapping them neatly when they finish with each stack.

The judge partially clears the courtroom to allow the large number of jurors in.

Several dozen Warren County residents file in.

The judge will allow all observers back in, space permitting, once the larger than usual jury pool is seated inside.

There are more than 80 potential jurors.  A couple dozen potential jurors were sent away a short time ago and asked to return at 1 p.m.  They are the folks who said they had not formed an opinion about the case.

Six potential jurors said they had formed an opinion and another said he might have an out-of-town conflict, and they all were asked to stay while the attorneys and judge decide whether to disqualify them.

About half the potential jurors cited some conflict or another. One man said he and his family had a vacation trip planned during the trial's expected duration and a woman said she was a teacher's union representative who was engaged in contract negotiations. Both were dismissed.

A trickle of potential jurors leaves the courtroom and heads for home.

Jurors are individually offering reasons they should be excused. One man said he and his brother operate a construction business together and cannot complete a job if he served on the jury.

Two women asked to approach them bench and offered their reasons in private, while attorneys listen in. Neither side objects to either woman's dismissal.

Another woman also approaches in private.

Ryan Widmer's family is seated in the rear row to the right of the judge. They talk quietly amongst themselves while jurors stand up to offer their reasons to get out of jury duty.

Another man says he's too busy, another man sells cars on commission and another man knows the police lieutenant working this case and seated with prosecutors. One by one these jurors are allowed to leave.

"I have a very disruptive cough that comes on when it wants," says a juror.

"We haven't heard it yet," the judge reminds him.

"I'm using Hall's," the man says, to soft laughter.

The attorneys answer in unison that they don't mind if he leaves.

Home schooling, business trip and a computer class.

"Judo class?" asks the judge, somewhat incredulously.

Another juror says he is too busy and also suffers from sleep apnea, which he assures the judge has been diagnosed by a physician. A father of twin newborns says he's both too busy and works on sales commission.

Travel plans would prevent another juror from serving.

A contractor says his business would suffer too badly to serve on the jury. Another juror says he's been ill with the flu and, even now, continues to subsist while under the weather. One man could not take his prescribed medication despite hourly breaks. A woman with a cracking voice has an ill grandmother and works third shift.

Maybe a dozen remaining candidates say they haven't got any disqualifying issues, and the judge calls a brief recess.

Ryan Widmer and his attorneys have returned to the courtroom, and they chat briefly with the defendant's twin brother and then begin to discuss the case amongst themselves. "There's people here," one attorney reminds them.

Dateline NBC has representatives here, and their crews are filming the proceedings.

A juror has been brought in to discuss her knowledge of the case.

She's read newspaper articles and seen TV reports about the case. Widmer looks on with great interest as she discusses particulars about the investigation that she's heard about.

She has not heard about the 911 call made the night Sarah Widmer died, and she has not read court documents, but she says she isn't sure she could set aside her opinions about the case.

"Everybody deserves a fair trial, and I don't know that I could set my opinion aside, the way I feel," the woman said. She is excused.

Another juror says his wife recently had a newborn baby, and he's allowed to leave.

The judge says it appears he set aside too much time for the proceedings that just concluded, and court has broken until 1 p.m., when those jurors who have no scheduling or other conflicts were asked to return.


LUNCH BREAK


Defense attorneys have been seated at their table, going over evidence and chatting. Their client, Ryan Widmer, just walked in with his twin brother from their lunch break.

Widmer is free on bond, so he may come and go as he likes during breaks in the trial.

The jury pool is returning to the courtroom.

The prospective jurors are filling most of the jury box and much of the gallery behind where the attorneys and defendant are sitting.

Earlier in the day, which was given over to people who told the judge they had either a scheduling conflict or had formed an opinion about the case, the proceedings moved pretty quickly as jurors offered excuses and then were dismissed.  It looks like there might be 50 to 60 people left.

The judge is explaining how the case was brought before his court, which is by an indictment. He uses the example of the mother who sued McDonald's for making her daughter obese, asking if any potential jurors had heard of that. A few chuckle and nod, and he tells them to treat an indictment with as much respect as that claim.

He does this to illustrate the standard of reasonable doubt and the principal of presumed innocence.

The judge asks jurors if anything about the charges, which have been explained to them, makes them uncomfortable. None say so.

The judge asks if any jurors have relatives in law enforcement, and one woman says her daughter is an FBI agent. He instructs jurors to weigh police testimony the same as any other witnesses. Three jurors have served on a jury before, and one man sat on a murder retrial.

He says that experience would not influence any future jury service. One woman says she served on a jury in college, and another man served on a murder trial two decades ago.

One woman served on a jury during a civil dispute.

Prosecutors list the witnesses they may call during the trial, which sounds to be up to two dozen long. Defense attorneys say they do not have their list with them, but the judge does and proceeds to read it aloud. It sounds to be about 30-40 names long.

The judge asks if any potential jurors know any of the potential witnesses. One woman says a nurse's name sounds familiar to her through work, but she says she could hear her testimony impartially.

Prosecutor Travis Vieux addresses the potential jurors, and begins to ask them about their abilities. The first woman he questions says she can be easily swayed by other people's arguments, but she says she could follow court instructions.

Vieux is asking jurors if any of their loved ones ended their marriage, and he asks if they agree that we don't always know what goes on in the private lives of others.

Several jurors, including a nurse, say they've received CPR training.  Only one of them, a man who served on the Maineville life squad, was called on to use that training.

A former minister says he once counseled parishoners about domestic violence, but no one else has personally experienced domestic violence or know someone charged with that. No one knew any drowning victims.

One man and one woman are familiar with some facts about this case, but neither says the information had caused them to form an opinion.

Each side may dimiss four jurors, accoding to Ohio's rules of court.

Vieux is addressing only 12 potential jurors seated in the jury box. The remaining 40 or so candidates remain in the gallery.

Autopsy photos will be shown, according the defense attorney.

Rittgers reminds jurors that prosecutors must prove their case, and not visa versa. In fact, he says, the defense is not even required to present a case.

Rittger asks if any jurors would form an opinion about guilt or innocence based on Widmer's decision to testify or not.

Rittgers asks if any potential jurors have ever been jumped on by someone while swimming or playing in the water, and he asked how they felt. One woman provides a short, but vivid account of a childhood incident. One man says he had a similar experience as a child.

Three potential jurors say they've had relatives die under unexplained circumstances. One woman's stepbrother was killed in an unsolved slaying, one man's brother suffered a brain injury in prison, and another man's mother died from a blood clot after being struck by a car.

A couple of jurors are familiar with seizure disorders.

Rittger is asking a few questions from jurors who spoke little so far, trying to draw out their personalities and get more information about their backgrounds, based on the questionnaires they each filled out.

One man said on his questionnaire that his shed had been burned down, and several people were convicted of arson in the case.

Most potential jurors look a little bored right now, unless they're being asked questions.

One potential juror indicated on her questionnaire that a former boyfriend psychologically abused her, but not physically. Rittgers offered her a chance to answer privately, but she declined.


The judge has called for a short break.


Court's back in session. On to the peremptory challenges...


Prosecutors have dismissed Juror No. 2, whose brother died under mysterious circumstances while in prison. Another juror is pulled from the larger pool seated at the rear of the gallery.

The new juror said one of the defense attorneys has represented his sister in a DUI case, and two of his friends died of heart attacks the previous year. One was a complete shock, the other had a family history of heart trouble. He also knows CPR, going over questions prosecutors had asked other prospective jurors.

Rittgers apologizes to the new juror for not recognizing him, per his work for the juror's sister. He asks him about his work as a first responder (he's a volunteer fireman).

Rittger talks about how prosecutors get to go first, and that they'll show possibly gruesome autopsy photos. Prosecutors object, saying it's not a question but a statement, but the judge lets him go. Rittger asks the juror if he could keep an open mind, and he says he could.

Defense attorneys are happy with the present jury, but prosecutors dismiss the newest candidate.

A new candidate says he lost a friend in combat while serving in the military. He says he would be a fair and impartial juror.

Each side may dismiss up to four jurors, so prosecutors have two more, the defense still holds four peremptory challenges.

The new juror worked with the military justice system, and one of his friends was killed while serving as a carrier pilot and drowned during a crash.

Neither side objects to the current makeup of the jury, and three new jurors are called from the larger pool. Eleven of the original 12 remain, with one new juror added.  There will be two alternates.

One of the potential alternates said a friend's son suffers from seizures, and another said he was a victim of a drive-by shooting and his granddaughter raped when she was 2 years old. He said he could still be an impartial juror. The third alternate said she'd read some initial newspaper reports about the case.

One of the alternates has a heart condition that he manages with medication, but it won't interfere. His favorite TV program is NCAA basketball, but he told prosecutors that March Madness would not interfere with his service.

One of the women served on a murder case in 2004, when jurors returned a guilty verdict. She said it was a drug-related slaying.

The other woman says she could set aside her love for programs such as CSI to focus on evidence presented at trial.

Rittger asks the man about the drive-by shooting, which he said took place at his Franklin home. He said the shooter was the man who assaulted his granddaughter.

They've got their main 12, but they're still looking for two alternates.

Prosecutors decline to use a peremptory challenge, but Rittgers asks for a moment to confer with an assistant and his client.

Defense attorneys ask to dismiss the man whose family was victimized by crime, and another candidate is called.

All the remaining jury candidates are still in the room. The judge asked them not to have their feelings hurt if they were dismissed or never called to the jury box.

The new candidate says a co-worker's family was involved in the morgue photographs case about 10 years ago in Hamilton County. Vieux asks her whether she understands circumstantial evidence and that the state does not have to prove a motive. She says she does.

Rittgers comes to the podium and jokes that he just wanted to say hello. The woman giggles. He asks if she has any questions, and she says she doesn't. Both sets of attorneys agree to the current makeup of the jury. The judge thanks all the candidates for their time, and we've got a jury.

Nine women, including all three alternates, and six men. The oldest three appear to be in the early to mid-60s (two women and one man), and the youngest appear to be a man and a woman in their mid- to late 30s. They're sworn in and ordered not to dicuss the case with anyone.

He's reminding jurors not to talk to any of the attorneys about any topic if they run into them at lunch or elsewhere. Notes are fine, as long as it doesn't distract them.

Juror notepads will be collected during breaks but available during deliberations. They're going to have a brief orientation and given swipe cards to get into the courtroom.

Opening statements begin at 4 p.m.

=============================================
=============================================

OPENING STATEMENTS


Assistant Prosecutor John Arnold


Assistant prosecutor John Arnold describes the events prior to Sarah Widmer's death, using a timeline shown on the large screen behind him. He says the Widmers watched some of the Bengals Monday night preseason game, and then Sarah went up to take a bath.

Ryan made a 911 call from his cell at 10:49 p.m., but then hung up. A second call was made moments later, and crews arrived a short time later and pronounced Sarah dead.

According to the call, Ryan said his wife fell asleep in tub and he believes she's dead. Dispatchers told him to put her on flat surface and unlock the front door.

Sarah pronounced dead at 11:41, shortly after arrival at hospital. Arnold says Widmer made conficting statements there.

Sarah unresponsive when emergency crews arrived, no sign of forced entry into home.

Deputy Steve Bishop tried CPR, but without success.

No water in bathtub, floor was dry, towels on floor dry, rug on floor dry, clothing near tub was dry, no evidence of water on floor or bathtub.

Bedroom carpet dry, Sarah's hair damp, but body dry.

Ryan Widmer wearing shorts, admitted to drinking alcohol.

Widmer told Doyle Burke that no one else home when Sarah went upstairs for bath at 10 p.m. He says he heard water running, went upstairs later and found tub full to overflow, wife's body face down with head under faucet. Pulled her out, drained tub and tried CPR, Widmer said.

Dr. Russell Uptegrove said cause of death was drowning, found contusion to head and body. Head and brain were okay, no evidence of disease or natural cause. Hemorrage in deep tissue of neck muscles, hemorrage at base of neck, no evidence of drug or alcohol use.

Coronor also responsible for determining manner of death, which he said was homicide.

Homicidal violence, lack of natural cause, were cited by Uptegrove.

Board-certified sleep specialist to testify, Sarah's employer, crime lab investigator (Arnold cautions against "CSI effect"), Hamilton Twp police lieutentant, Ruth Ann Steward (Sarah's mom), also to testify.

Arnold continues to explain trial process, including the possibility of some rebuttal witnesses, whom he does not specify.

Prosecutors say they won't exhibit 300 or 400 photos, but will "separate wheat from chaff."

The last slide in the Power Point presentation reads, "THANK YOU!!!"


========================================================


Defense Attorney Charles Rittgers


The defense asks for a moment or two to set up. Rittgers asks for help with device that will play the 911 tape.

Rittgers discusses his client's upbrining, athletic career, college career, and work history. Says Widmers met in 2006, began dating, fell in love, and bought home together in Feb. 2007. Couple planned wedding, got married in April 2008.

Rittgers says Sarah often fell asleep at bars, but not from drinking, and co-workers will testify that she slept in car during lunch breaks.

Rittgers says Widmers went to visit family day of Sarah's death, she complained to coworkers about feeling ill.

Sarah relaxed on couch evening of her death, Ryan heated up leftovers while Sarah spoke to friend on phone.

Ryan a Bengals fan, Rittgers says, "has Bengals tickets, I don't know why," and watches team play Packers in preseason. Sarah used computer, went upstairs after 10 p.m. After 20 or 30 minutes, Ryan goes upstairs, gets undressed to boxer shorts in bedroom and finds wife floating in bathtub. He panics, Rittgers says, and tried to pull her torso from tub.

Runs into bedroom to get his cell phone, has a problem with phone and hangs up. Uses wife's phone on bathroom counter, reaches dispatchers, pulls wife from tub.

Drags body into bedroom, tries to use CPR, which he has some training. Continues talking to dispatcher.

Emergency crews attempted CPR, which requires 100 pressures per minute to chest. Rittgers says that crews also discussed intubation, which he says required some pressure to neck. Also, food removed from her throat, along with blood and "other liquids."

Find pink frothy substance on Sarah's mouth, blood near vagina, which Rittgers says aroused police suspicions. He says they have a witness to explain froth caused by drowning.

Unsuccesful but attempted intubation done, Rittgers says. Then she was strapped to a backboard. Continued with chest compressions and took her into ambulance.

Ryan gets dressed and asks to ride in ambulance with wife. Officer takes him to passenger side of medic van. Ryan calls his mother, wife's mother. "Frantically crying."

Crews continue attempts to restore heartbeat, including four more unsuccessful attempts at intubation. Three or four sticks into jugular to administer meds.

Because of blood, because of water on floor appeared dry, because hair wet but body dry, it aroused police suspicions, Rittgers says.

EMS records show that no trauma noted on Sarah's body, Rittgers says. Sarah also warm-to-hot to touch, hair wet.

The judge interrupts reminds Rittgers that they agreed to stop at five. Rittgers nods and continues.

Coroner decides that Sarah died a violent death, tells police, who arrest Ryan. He turns self in, and Prosecutor Rachel Hutzel makes statement that Sarah died violent death.

Rittgers blasts retired Dayton detective who helped in investigation for not checking ER/EMS records about chest compressions, other resucitation efforts.

Defense says contusions, other injuries resulted from those efforts, Rittgers says detective contricted himself in investigation.

Touts credentials of expert witness Werner Spitz, who will testify for defense.

No defense wounds on Ryan, Rittgers says. No signs of struggle, no history of marital problems. "All bruising was found right where they did the CPR," Rittgers says.

Another expert will testify that all injuries consistent with CPR, Rittgers says, but suprised not more injuries!

"Ryan has not had an opportunity to mourn his wife's death," Rittgers says. Charged two days after death, and has lost 40 pounds since then.

Judge Bronson calls it a day, reminds jurors not to talk about the case.