CINCINNATI – The U.S. Supreme Court denied Monday a second appeal in the conviction of Ryan Widmer for the murder of his wife.
The Warren County man was found guilty of drowning his wife, Sarah, after three trials.
The Supreme Court discussed Widmer’s second and possibly final appeal over DNA evidence since Friday.
The appeal was over DNA tests of Widmer’s wife that were denied by a judge. Widmer was convicted of drowning Sarah in the couple’s bathtub in 2008.
Widmer's attorney, Michele Berry-Godsey, clarified the court's Monday decision.
"This was not an appeal raising all the errors that occurred before and during Ryan's trial," Berry-Godsey said. "This was an attempt to have the Court clarify the right to DNA testing in a situation like Ryan's, where testing could prove that no crime even occurred. So we're not at all discouraged by the Court not accepting Ryan's case because the Supreme Court reviews thousands of petitions and only accepts a very small number that the Court believes need clarified for the entire country."
A jury found Widmer guilty of killing his wife in his first trial but that decision was overturned due to juror misconduct. A second trial ended in a hung jury.
Berry-Godsey said the next step in Widmer's defense would be to file a habeas petition in U.S. District Court that will raise what the defense believes to be constitutional violations that occurred before and during Widmer's trial.
"So the next step will be filing the federal habeas petition which likely will occur in February. We're far from exhausting all of our options, and we won't give up on any of those until Ryan is free," she added.
Widmer is currently serving 15 years to life in a state prison.
He previously lost four appeals in the Ohio Court of Appeals and the Supreme Court denied a previous appeal earlier this month.
In Widmer's first Supreme Court appeal, it took one week for the justices to hand down a decision after discussing it in conference.
Copyright 2013 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Bengals officials and Hamilton County administrators have come together on an agreement that paves the way for General Electric Co. and as…
A Cincinnati Metro bus driver has a broken leg after she crashed into the side of a building in Walnut Hills Wednesday evening.
Mayor John Cranley cites concerned business people and commuters as the reason he put a temporary hold on a longstanding roadway…
Just three hours after asking for the community's help, police say they've located a missing 20-year-old University Heights woman.
Developer Buckingham Companies will break ground in May for a new 272-unit apartment complex in the heart of Oakley.
From desperate hoarding situations, to smashed bug guts and capturing rabid bats and rats, the Burkel women handle it all.
A person was shot in the chest in Winton Hills Tuesday morning, according to police.
A jury reached a verdict of guilty Tuesday afternoon in the trial of an East Price Hill man charged with the 2012 stabbing deaths of a mother…
A local girl's haunting story should serve as a wake-up call about the vulnerability poor young girls, in our city and in our…
The warm weather played a part in another huge turnout for the annual Sacred Heart Church ravioli dinner.