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Attorneys lay out grounds for appeal


August 22. 2013 11:49PM
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LIMA ó Attorneys for a doctor convicted of aggravated murder earlier this year filed an appeal saying the trial court failed to suppress evidence obtained from illegal search warrants. Mark Wanglerís attorneys also said Judge Richard Warren erred by not excluding expert testimony by a prosecutorís witness and by not allowing a defense expert to testify. Wangler, 56, was sentenced to life in prison with the chance for parole after serving 25 years. He was convicted in the 2006 death of his first wife, Kathy Wangler. She died of carbon monoxide poisoning. Prosecutors said a troubled marriage led Wangler, an anesthesiologist, to kill his wife.One of the key components to the appeal is the search warrant used to obtain a journal Wangler wrote his most intimate thoughts inside including Satan was attacking with car exhaust months before her death. He then wrote several months later after reviewing his journal that he asked God to help and act in a powerful way and he did.Wanglerís attorneys argue sheriff investigators were too broad in their use of the warrant and collected items used at trial that they didnít have a legal right to.The former doctorís attorneys also want to exclude expert testimony prosecutors put forth on soot deposits in the Wangler home on Yorkshire Drive. Scientist from the Wisconsin State Laboratory of Hygiene testified soot deposits found in the duct work and other locations were consistent with deposits from vehicle exhaust. Attorneys pointed out a moment in the trial when Wisconsin lab Professor James Schauer said he possessed the ability to date how long soot had been on a wall simply by looking at a photograph. They used that moment to further bolster their argument the state did not rely on sound science. The legal team also said Warren erred by not allowing expert testimony from defense witness Frederick Teeters. The defense team wanted to use Teeters to testify that candles were the source of the alleged vehicle exhaust biomarkers and soot found in the Wangler home. Wanglerís attorneys said he did not kill his first wife and her death was the result of accidental carbon monoxide poisoning. They ask the 3rd District Court of Appeals to set aside Wanglerís conviction and order a new trial. You can comment on this story at www.limaohio.com.





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