July 27, 2011
LIMA ó A judge has denied the motion for a new trial based on allegations of juror misconduct for a doctor convicted in the death of his first wife.The ruling, however, may not be the end of it for Mark Wangler, who is serving a life sentence. Judge Richard Warren of Allen County Common Pleas Court said Wanglerís attorney did not follow proper procedure when he filed the motion. The judge said he will consider the motion when it is correctly filed.Wangler, a former anesthesiologist, was convicted in March of aggravated murder in the death of his first wife, Kathy Wangler. She died in September 2006 of carbon monoxide poisoning.Wangler had 14 days after the jury verdict to file for a new trial. That deadline was missed but a similar motion can be filed within three months if newly discovered evidence is found, the judge wrote. If those deadlines are missed, Wangler must ask the courtís permission to file a request for a new trial, which his attorney did not do when filing the motion earlier this month. He also said Wangler must provide a good reason why those deadlines were missed.In the same ruling, Warren gave Wangler 14 days to file a motion for a new trial, essentially approving his request to file the motion. The judge also said prosecutors will have 21 days to respond after he rules on whether he will allow Wanglerís new motion to proceed.Warren will then set a hearing for the motion if itís necessary, he said. Wanglerís lead attorney, Christopher McDowell, accused a juror of lying on a jury questionnaire about his background. The man said he didnít have a criminal record but McDowell said he found numerous charges or arrests against the man.You can comment on this story at www.limaohio.com.