POMEROY — The second trial of Paula Rizer on the charge she murdered her husband, Kenny, Sr., will begin on Jan. 7, 2010.
Judge Fred W. Crow III set the new trial by entry filed Monday morning. The entry determined the jury in Rizer’s first trial, which ended a week ago, ended in a deadlock on a lesser charge of murder. That jury acquitted Rizer on a charge of aggravated murder before being charged with considering the lesser count.
Crow continued Rizer’s bond of a half-million dollars cash, and remanded her to the custody of the sheriff’s department on Nov. 3. She remains in the Washington County Jail.
A lone juror prevented a unanimous verdict on the charge of murder, after the jury heard five days of testimony from the state and defense experts. Rizer herself took the stand in her own defense, testifying to marital difficulties with Kenny Rizer, Sr., and past sexual abuse at the hands of her father.
Rizer told the jury her husband had become angry and abusive with her in the moments leading up to her shooting him with a 9 mm semi-automatic handgun. She said the gun discharged repeatedly and she could not stop it, but investigators for the prosecution said the gun was in working order, and could not have fired multiple shots unless she had pulled the trigger each time.
The issue of a reduced bond has not been raised since the trial ended with a deadlocked jury. After Rizer’s indictment on the aggravated murder charge, her bond was set at $500,000 cash. Last summer, while the case was pending, Crow denied a request for a reduced bond, which would have allowed Rizer to be released from jail where she has remained since April 3.
In June, Carson asked for a modification of Rizer’s bond to a $1 million personal recognizance bond, and a $250,000 appearance bond, and asked that a 10 percent, or $25,000 cash bond, be permitted in order to facilitate her release from jail.
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