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Ryan Widmer again denied fourth trial

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Court: Widmer will not get 4th trial

MIDDLETOWN, Ohio - An appeals court has ruled not to grant a fourth trial for Ryan Widmer, 9 On Your Side confirmed Monday morning.

The ruling issued by the 12th District Court of Appeals denied the second appeal, after the 32-year-old was convicted of drowning his wife, Sarah, in their Hamilton Township home in 2008.

The second appeal in the case focused on former lead detective and Hamilton County Lt. Jeff Braley, whose credibility was called into question for lying on a 1996 employment application about his service history.

Widmer's attorney Michele Berry touched on Braley's alleged misconduct in the first appeal as well. The Court of Appeals said Judge Neal Bronson was not wrong to disallow evidence that Braley allegedly lied on a 1996 job application.

The Court of Appeals stood by that ruling in their decision on the second appeal.

"We find that Braley's allegedly perjured testimony was not material to discrediting the evidence against Widmer," wrote the judges.

"There is no reasonable likelihood that knowledge by the jury that Braley lied about various credentials and whether he filled out the 1996 employment application could have affected its decision on the ultimate issue of whether Widmer was guilty of murdering Sarah."

Berry confirmed to 9 On Your Side's Kendall Herold she plans to file an appeal with the Ohio Supreme Court within 45 days. The first appeal, concerning the seizure of the bathtub in the home, has already been filed with the Ohio Supreme Court.

Widmer's father, Gary, told 9 On Your Side he's "disappointed" with Monday's decision.

"Ryan didn't commit this crime. It's plain and simple. Ryan is innocent, he hasn't committed this crime. He got caught up in a bad situation, and unfortunately this is where we ended up," he said.

Gary Widmer said he spoke with his son Sunday, who is serving 15 years to life in prison.

"He's adjusting to where he's at, and I don't mean that in any sense he's expecting to stay there, other than the fact that we all know this just takes time to deal with, with the judicial system in this country," he said.

"The decisions are slow and coming, and you just, we have to wait it out. But he is confident that one day we'll all be together and out, and it's not that far down the road."

He said he will continue to fight for his son.

In the first trial, Widmer was found guilty of murder, but the decision was later thrown out because of juror misconduct. The second trial ended in a hung jury and the third trial sentenced him to 15 years to life in prison.

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