Last updated: August 24. 2013 6:45PM - 236 Views

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LIMA — A former doctor convicted earlier this month of aggravated murder in the carbon monoxide poisoning death of his wife has filed a motion with the court for acquittal.Mark Wangler’s attorneys filed the motion Tuesday in Allen County Common Pleas Court saying there was not sufficient evidence to support a guilty verdict and the jury erred. Christopher McDowell said prosecutors failed to exclude the water heater as the source of deadly carbon monoxide fumes that killed Kathy Wangler.“There is no theory on how Kathy Wangler died that is not contradicted by other evidence,” he wrote.Mark Wangler was sentenced earlier this month to life in prison with the chance for parole after serving 25 years. A jury of eight women and four men convicted the 55-year-old Wangler in the Sept. 4, 2006, death of his first wife, Kathy Wangler. Wangler is at the state prison system’s corrections reception center.McDowell said prosecutors came up with an elaborate scheme on how Mark Wangler used a portable generator to create exhaust to pump throughout the house to kill Kathy Wangler. There were too many things in the basement to move the generator and such an effort would have been loud possibly waking Kathy Wangler and would have been heard by a neighbor who was awake for two hours before Mark Wangler called for emergency help.McDowell also cited other evidence such as the prosecution’s own witnesses could not rule out the water heater as the source of carbon monoxide.McDowell further argues the “fingerprint” of a combustion engine is found everywhere so it should be of no surprise it was found in the Wangler house.He also cites other evidence such as emergency responders did not smell exhaust fumes in the house when they arrived to treat Kathy Wangler. An emergency room doctor who treated Kathy Wangler made mistakes in her reports, which contradicted her testimony, McDowell wrote.In another development in the case, the court has released $460,298 in bail money to Esther Wangler, the second wife of Mark Wangler. The money is bail money minus a $25,000 fine and jury expenses.Prosecutor Juergen Waldick first said he may try to seize the bail money to pay for prosecution cost but after looking into it more found out Ohio law didn’t allow it.Read more about this story in Wednesday’s The Lima News.

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