Wednesday, December 4th, 2013

Wangler again appealing conviction

By Margie Wuebker
Former Mercer County resident Mark Wangler has filed an appeal in U.S. District Court seeking to have his 2011 aggravated murder conviction overturned.
Cincinnati attorney Christopher McDowell filed the appeal and a writ of habeas corpus last week after exhausting the appeal process in Ohio.
"U.S. District Court is the next step that could eventually lead to the U.S. Supreme Court," McDowell said this morning.
Wangler, 57, a former anesthesiologist found guilty in the 2006 death of his wife, Kathy Schlarman Wangler, is serving a life sentence at the Toledo Correctional Institution with a chance for parole in 25 years.
The writ of habeas corpus filed against warden Ed Sheldon alleges the defendant is being improperly held in violation of his constitutional rights. The Ohio Attorney General's Office will represent Sheldon in the matter.
The federal appeal cites the same factors contained in earlier filings with the Third District Court of Appeals in Lima, which denied Wangler's appeal by a 4-3 vote in April, and the Ohio Supreme Court, which ruled against him in June.
Wangler, a Fort Recovery native and resident of Lima, maintains the trial court - Allen County Common Pleas Court - erred in allowing evidence like personal journals to be presented to jurors.
The journals contained the former doctor's most intimate thoughts, including an unhappy marriage and prayers asking God to intercede. He also spoke of thoughts of Satan attacking with car exhaust.
His wife died Sept. 4, 2006, of carbon monoxide poisoning at the couple's home. He claimed the source of the gas was a malfunctioning water heater, but prosecutors maintained soot in the home's ductwork proved the fumes came from a car engine.
The Lima appellate court concluded the journals were illegally seized during execution of a search warrant that focused on computer records. However, justices concluded the contents of the journals were not prejudicial.
Wangler and his attorney also have concerns about a prosecution witness who testified about the presence of soot in the home using tests performed years after Kathleen Wangler's death, as well as methods that had not been widely accepted or used in court proceedings.
A defense witness attempted to testify the biomarkers came from burning candles and not vehicle exhaust, but the trial judge limited the testimony.
McDowell believes it could take months before U.S. District Court judges rule on the matter given the complexity of the case. Other cases with equal complexity have taken years to resolve, he said.
He added that Wangler is not likely to be freed even if the court rules in his favor.
"If we win, the state has a certain number of days to release Mark or refile charges," the attorney said. "Re-indictment and re-trial would be the next step."
McDowell and his client are prepared to take the case to the Sixth Circuit Court of Appeals if their latest effort fails. The court, located near McDowell's Cincinnati office, oversees a multi-state area.
"The final step would be the U.S. Supreme Court," the attorney added. "And we are prepared for that possibility."
Additional online stories on this date
ROCKFORD - Rockford council members appointed a new member Tuesday.
Gary "Wilbur" Fox, 46, 408 Pearl St., was sworn in by mayor Amy Joseph during c [More]
In her college profile, Brooke Mattingly lists her favorite book as "Oh, The Places You'll Go," a phrase to which the University of Louisville volleyball standout can attest. [More]
Subscriber and paid stories on this date
FORT RECOVERY - Tom's Construction has begun work on the second phase of the sewer separation project in the village.
Most of the material for the
MINSTER - Engineering work will soon begin on a proposed Safe Routes to School project as a result of action taken by village council members Tuesday night.
ROCKFORD - A 25-year-old woman who led Rockford Police on a pursuit through village streets pleaded not guilty Nov. 27 in Mercer County Common Pleas Court.
WAPAKONETA - Auglaize County Engineer Doug Reinhart expects his 2014 budget to be static, but he's asking for more.
"It's the same scenario we do e
COLDWATER - Solar Planet says plans to build a $2 million solar-energy project at Coldwater's wastewater treatment plant are still on track toward construction in 2014.
CELINA - Mercer County Commissioners on Tuesday renewed a contract with an education specialist who promotes recycling and litter prevention.
The
Divisions III-V All-Ohio Football
Compiled by Gary R. Rasberry
Coldwater's Brody Hoying added to his list of postseason honors on Tuesday when the Associated Press named the Cavaliers' junior quarterback the state's Division V Offensive Player of the Year.
MARIA STEIN - Marion Local's football team has worked through several injuries to remain unbeaten this season and Hunter Wilker has been a key catalyst for the Flyers' offense, doing whatever was needed - running, receiving and returning the ball.
CONVOY - A great first quarter and consistent three-point shooting throughout the game vaulted Crestview to a convincing 74-37 victory over Parkway on Tuesday in Convoy.
ST. MARYS - A 10-0 run at the end of the first quarter put Lima Central Catholic in front for good as St. Marys was stymied by strong three-point shooting from the Thunderbirds in an 81-43 loss on Tuesday in nonconference action at Murotech Court.
Compiled by Gary R. Rasberry
Coldwater's girls basketball team picked up their third straight win by dominating the first half en route to a 59-25 win over National Trail on Tuesday night in New Paris.