LIMA — A judge has approved the request to file an allegation of juror misconduct by a former doctor convicted of aggravated murder in the death of his first wife.Judge Richard Warren granted Mark Wangler's request Thursday allowing him to file the motion in which Wangler ultimately seeks a new trial. Typically, such requests have to be made within two weeks of verdict, but there are exceptions for newly discovered evidence.The judge also gave prosecutors 30 days to respond to the motion Wangler files.Wangler, a former anesthesiologist, was convicted of aggravated murder in the 2006 death of his first wife, Kathy Wangler. She died of carbon monoxide poisoning. He is serving a life sentence with the chance for parole after 25 years. Wangler's attorneys also filed another motion Thursday to add to their request for a new trial saying they have a sworn statement from a man that a juror in Wangler's trial used illegal drugs and was under the influence of alcohol during the trial. Wangler's attorneys filed a motion last month outlining out their allegations of misconduct by a juror but Warren denied it saying it was not properly filed. In that motions were allegations a juror concealed information on a jury questionnaire.The defense team accused him of intentionally lying in a jury questionnaire about his background and the background of his wife and girlfriend. The male juror reportedly said he did not have a criminal record but Wangler's lawyers found 19 prior criminal charges, arrests or convictions, including an indictment and conviction on a drug possession charge. He also said the man has served time in jail.Wangler's lead attorney, Christopher McDowell, also accused the juror of lying to get onto the jury in hopes to curry a future favor with the Allen County Prosecutor's Office, which knows him well.
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