Just one day after a new trial was denied for convicted murderer Mark Wangler, briefs are filed in the original appeal of the conviction.
Attorneys for Wangler filed paperwork in the Third District Court of Appeals back in April. He was convicted in March of murdering his first wife, Kathy Wangler, by carbon monoxide poisoning. A brief from the defense outlining the grounds for the appeal was due Friday. Prosecutors now have until mid-November to file their response.
Yesterday, Common Pleas Court Judge Richard Warren ruled on a new trial request filed by Wangler's attorneys concerning juror misconduct. Warren ruled that documentation provided by the defense did not support their claims and denied the request. Wangler's current wife, Esther Wangler, says she doesn't understand why the claims weren't examined more closely by Judge wWarren.
"One of the questions was, that it wasn't clear how the people who had signed our affidavits about this juror--how they knew him. Well, it would be pretty easy to find out if a hearing had been scheduled. I just really wonder why it wasn't," said Esther Wangler.
The defense claimed a juror abused cocaine, talked about the case, and didn't answer truthfully on a juror questionnaire.
Another appeal is pending in the Third District Court regarding the estate of Kathy Wangler. A wrongful death lawsuit has also been filed in Common Pleas Court by Kathy Wangler's mother.
Esther Wangler continues to believe in her husband's innocence. She says she visited the former anesthesiologist at the Toledo Correctional Institution Thursday for his birthday.