Widmer juror: 'I understood instructions'

LEBANON, Ohio - Hours before a hearing over Ryan Widmer's request for a fourth trial or an acquittal, prosecutors filed more paperwork.

The paperwork filed Wednesday includes an affidavit from one of the jurors who defense attorneys are suggesting didn't follow the jury instructions based on alleged Facebook activity and an alleged conversation during the trial.

In the affidavit juror D.E. says, "I understood the Court's instruction that we should not communicate with anyone about the case, by using social media, the Internet or any tools of communication to discuss or research anything about the case or Ryan Widmer…"

The document goes on, "While serving as a juror, I did not discuss the merits or facts of the case before or during the trial with anybody. I followed the Court's instructions and did not communicate any information about the case or do any research. I avoided reading any information about the case from any source, including social media, electronic communications, the Internet or any other media…. To my knowledge and understanding, I complied with Judge Bronson's instructions and did not form or express any opinions about the case, until the jury began deliberations."

The prosecution also alleges in the paperwork that the jurors, their families, and friends are being harassed. Prosecutors wrote, "This court should end the attacks on the privacy and integrity of the jury and declare that it is no longer open session on the jurors."

They write that the defense has yet to expose juror misconduct. They also argue that exhibits the defense wants to use are "inadmissible hearsay" and the judge should not consider them in ruling on the motion for a New trial. 

The exhibits from defense include a transcribed interview of a juror by a private investigator that took place during the trial and Facebook information or postings by jurors and their Facebook "friends." Another item is a media interview with a juror after the verdict.

Defense attorneys aren't only arguing over jury behavior. They say there was not enough evidence to convict Widmer. The defense subpoenaed six witnesses to testify including two jurors. The judge will decide if he will allow anyone to testify.

Widmer was convicted last month of murdering his wife of four months, Sarah, in their Hamilton Township home in August 2008.
The guilty verdict came in his third trial.

The first guilty verdict was thrown out because of jury misconduct. The second jury was hung.

Widmer is currently serving a 15 years to life sentence.