Last updated: August 25. 2013 7:07AM - 170 Views

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LIMA — Just when you thought the criminal case was over against a local doctor convicted of murdering his first wife, another fight over his bail money is brewing.The former doctor left behind $500,000 in bail money that one would expect to be released to his new wife. Prosecutor Juergen Waldick, however, has other plans for the money. Waldick wants to use the money to pay for court costs, the $25,000 fine, his expert witnesses at the trial and other costs of prosecuting the case.Waldick doesn’t have a tally but said the amount easily would be in the thousands of dollars. Wangler’s lead attorney, Christopher McDowell, said he will fight any attempt by prosecutors to try to take any portion of the bail money other than what is allowed by law. McDowell said the money should be released immediately after court costs are tallied and paid, along with any fine imposed. He said bail money is not used to pay the cost to prosecute.“That’s part of the cost of court cases. You don’t nail every person who gets a DUI for lab cost,” he said.As of now, the money sits in an account with the court mostly because of pending jury fee costs. Normally, the money would be released after court costs and fines were paid but with Waldick’s looming motion, the money could remain on hold while any request by Waldick is sorted out.Judge Richard Warren of Allen County Common Pleas Court, who has been a judge nearly a quarter of a century, said he is going to have to research whether bail money can be used to pay the cost of prosecution. It’s very rare that someone has been able to post that large of bail by themselves in the past, he said.“I haven’t had this come before me,” he said.Court costs and jury expenses are close to $14,000 and the $25,000 fine brings the total close to $40,000.A jury convicted the former anesthesiologist of aggravated murder last week in the 2006 carbon monoxide poisoning death of his first wife, Kathy Wangler.Another issue that could surface in the case is whether Wangler will have to pay back the $600,000 in life insurance he was given after his first wife’s death. During the trial, one of Wangler’s sons, Nathan Wangler, testified his father didn’t use the life insurance money himself, instead gave it to his two sons. Nathan Wangler said he took his $300,000 and spent it on his wedding.Warren said the insurance company cannot file against the bail money. The company, if it chooses, would have to file a separate claim.In other news in the case, Wangler arrived at the state prison system’s Correctional Reception Center on Friday. He will undergo various evaluations before he is placed at a parent prison that likely will become his home for many years. Wangler’s prison mug shot is available for viewing on the Ohio Department of Rehabilitation and Correction website.You can comment on this story at www.limaohio.com.

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