Last updated: August 23. 2013 7:50AM - 502 Views

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LIMA — The attorney for a former doctor convicted of aggravated murder earlier this year in the death of his first wife is asking the court to grant a new trial accusing one of the jurors of misconduct.Mark Wangler's attorneys filed the motion for a new trial Thursday in Allen County Common Pleas Court asking Judge Richard Warren to bring the juror into court to question him because he may have concealed information on a jury questionnaire.Christopher McDowell does not name the juror but accuses him of intentionally lying in a jury questionnaire about his background and the background of his wife and girlfriend. He said the man said he didn't have a criminal record but actually had 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, an anesthesiologist, was convicted in the 2006 death of his firs wife, Kathy Wangler. She died of carbon monoxide poisoning. He is serving a life sentence with the chance for parole after 25 years.McDowell cites a specific date in 2002 he said the man was indicted for a felony drug possession charge and later convicted of a lesser possession charge. Three years before that, the man was convicted in another case of possession of drugs and drug paraphernalia. The juror “did not disclose his prior drug arrests, convictions, plea deals or probation,” McDowell wrote. McDowell said the man lied on purpose to get on the jury so he could convict Wangler. McDowell said the man is well-known to the Allen County Prosecutor's Office, which prosecuted the case.The juror “has an obvious motive to curry favor with the Allen County Prosecutor's Office as he can reasonably expect to be in need of another plea deal for himself, his wife, or his close friends in the near future,” the motion said.McDowell also accused the juror of using cocaine while on the jury. Furthermore, McDowell said the man discussed the case with people at a bar before deliberations and said Wangler was guilty. The juror's actions violated Wangler's constitutional right to a fair trial, McDowell said.Had the man answered the jury questionnaire truthfully, he would not have been allowed on the jury, the motion said.McDowell also filed numerous records under seal to support the allegations but those records are not public at this point. Lastly, McDowell said this juror held himself out as an expert in HVAC and swayed other jurors to conclude the carbon monoxide that killed Kathy Wangler did not come from the water heater.Prosecutor Juergen Waldick said he will review the motion and file the appropriate response. You can comment on this story at www.limaohio.com.

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