April 7, 2011
LIMA — Prosecutors asked a judge this week to deny a request for acquittal filed by a doctor convicted of aggravated murder in his wife’s death.Assistant Allen County Prosecutor Jana Emerick said there was a lot of evidence presented at trial to prove Mark Wangler murdered his wife, Kathy, on Sept. 4, 2006. She died of carbon monoxide poisoning. Emerick filed the written argument in response to a motion Wangler’s attorneys filed asking for his acquittal saying prosecutors failed to provide credible evidence the former doctor killed his wife.Emerick rehashes the evidence she and Prosecutor Juergen Waldick presented at trial including Wangler’s call to 911 during which he waits for an operator to tell him to check to see if his wife is breathing. She also said the 911 call shows inconsistencies such as establishing a time of death, which Wangler told the operator his wife was having a seizure but when a paramedic arrived minutes later her body was cold and there were other signs she had been dead for a while.Emerick points out all gas appliances in the house were tested — including the water heater that Wangler said was malfunctioning and the source of carbon monoxide — and found to be in working order. She also points out Wangler wanted to take a shower upon returning home from the hospital in a house where the doctor claimed the water heater produced the deadly gas that killed his wife.“The last thing the defendant would have wanted to do is to go into that potentially unsafe house and run hot water for a shower,” Emerick wrote.Emerick questioned why Wangler called 911 that morning when he had managed his wife’s seizures in the past and never called before when the carbon monoxide alarm went off.“It was nothing that he had not handled in the past without calling for assistance,” she wrote.Furthermore, an emergency room doctor who tried to treat Kathy Wangler the day she was brought in said Kathy was dead for a lot longer than the 28 minutes from the time her husband said she was last breathing and alive. Kathy Wangler’s body was stiffening and had other signs of death that take much longer than 28 minutes to set in, Emerick said.A jury convicted Wangler last month in the death of his wife. He was sentenced to life in prison.Wangler’s attorneys argued emergency responders did not smell exhaust in the house the morning of Kathy Wangler’s death and it would have been impossible to run a generator or some other source of carbon monoxide without someone else knowing. Wangler’s attorneys also said prosecutors did not rule out the water heater as the source of the deadly gas.You can comment on this story at www.limaohio.com.