(Middletown, OH) -- A three judge panel is considering whether Ryan Widmer should get a fourth trial. The Warren County man was convicted in 2011, in the death of his wife, Sara. His first trial ended with a conviction, but it was thrown out, over allegations of jury misconduct.
The second trial ended with a hung jury.
Widmer's defense attorney in this appeal argues that Hamilton Township Police violated the constitutional amendment prohibiting unlawful search and seizure. Michele Berry says police did have a search warrant for the house, but not one specifically for the bathtub.
While prosecutors pointed to smudge marks in the bathtub as signs of a violent struggle, the defense says that evidence should have never been allowed. Berry says no-one can say definitively what the smudge marks were, or who made them.
Widmer is serving 15 years to life for the drowing death of his wife, Sarah.
Mike Greer represented Warren County at the hearing. He says officers were correct in taking the bathtub since the search warrant specifically mentioned fingerprints.
The 12th District Court of Appeals has 60 days to make a decision.