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Prosecution opposes new trial in doctor's murder case


August 25. 2013 2:17AM
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LIMA — The prosecution said a doctor who was convicted of aggravated murder in his first wife's death failed to properly file and support its claim of misconduct by one of the jurors at the trial.The prosecution also said Mark Wangler's attorneys missed the deadline to file a proper claim of juror misconduct. The prosecution asked Judge Richard Warren to deny the motion for a new trial but should the judge find there may be merit to the claim, the prosecution wants 30 days to investigate and file an additional response.Wangler's lead attorney, Christopher McDowell, said Monday the law provides more time if the misconduct is discovered outside the 14-day period after the end of the trial.The prosecutor's “reply avoids the issue. You would think a prosecutor would be a little more concerned about a juror lying under oath. I'm sure if a juror lied to get on a jury to acquit a defendant and the prosecutor found out about it, that juror would be indicted for perjury,” McDowell said.McDowell also said the county Prosecutor's Office should be more concerned about corruption of the judicial process. “Interestingly, they want 30 days to reply to the motion but yet they would expect me to have known about the misconduct and file my motion within 14 days of the verdict — impossible,” McDowell said.Prosecutor Juergen Waldick said McDowell knew about the allegation in May but waited two months. Additionally, McDowell's motion does not follow the proper rules. He must ask the court for permission to file before he does in a closed case.“He didn't follow procedure,” Waldick said.Waldick further said his office is looking into the allegation of juror misconduct as he would anytime such an allegation is made.“We take serious any allegation of juror misconduct and we will investigate,” he said. “We have looked into the matter and we will continue to look into the matter and we expect the court will decide the matter based on facts not wild allegations.”McDowell accused the juror of lying on a jury questionnaire about his background. The man said he didn't have a criminal record but had numerous charges or arrests, McDowell said.Wangler, an anesthesiologist, was convicted in the 2006 death of his first wife, Kathy Wangler. She died of carbon monoxide poisoning. He is serving a life sentence with the possibility of parole after 25 years.In other action, Kathy Wangler's mother, Sara Schlarman, and McDowell both filed written arguments in Kathy Wangler's closed probate case. Schlarman wants to reopen it so she can file a wrongful death lawsuit against Mark Wangler.McDowell said the case should not be reopened but if it is, Michael Minor, who is married to Mark Wangler's sister, or Nathan Wangler, Mark Wangler's son, should be appointed as administrator of the estate. McDowell accuses Schlarman of seeking financial gain.Schlarman, in her motion, said she is not a beneficiary, instead only her two grandsons, who happen to oppose the reopening of the estate and wrongful death claim, are the only heirs.You can comment on this story at www.limaohio.com.






  1. Prosecution opposes new trial in doctor's murder case


  2. Prosecution opposes new trial in doctor's murder case




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