by Marci Piltz
Record-Courier Reporter
Ravenna -- James Warner may have killed his wife in 2005, but it was self-defense, his attorney argued April 21 during the opening day of Warner's retrial in Portage County Common Pleas Court.
Warner, now 59 and previously of Aurora, is facing retrial on two murder charges by a jury of eight women and four men, with Common Pleas Judge John Enlow presiding.
He was sentenced to 15 years to life in prison in April 2006 after a Portage County jury found him guilty of two counts of murder in the stabbing death of his wife.
Upon appeal, the 11th District Court of Appeals in Warren ruled an expert on post traumatic stress disorder should have been allowed to testify and the trial court erred by not telling jurors they could have considered the lesser included offense of manslaughter.
Warner's re-trial began at 9 a.m. April 21 with jury selection, and by 1:25 p.m. the jurors, along with two alternates, were taken via a Portage County Sheriff's Department vehicle to the crime scene at 101 Parkview Drive.
After having viewed the scene, the group returned to the courthouse to hear opening statements from Assistant Prosecutor Eugene Muldowney, who is representing the state along with Assistant Prosecutor Steve Michniak, and Warner attorneys Russell Tye and Donald Butler.
Police and fire officials were called to the Warner home Nov. 14, 2005 after James Warner's brother told a dispatcher he found two cars running in the attached garage and couldn't get an answer at the door.
JAMES WARNER was found unconscious on a couch inside and Carolyn Warner's body was found wrapped in blankets on the kitchen floor. She had been stabbed at least 21 times, according to testimony from the first trial.
"Emergency officials didn't even notice her at first because the defendant had wrapped her so tightly," Muldowney said in his opening statement.
Carolyn was pronounced dead at the scene. James was taken via helicopter to St. Vincent's Hospital for treatment of carbon monoxide poisoning.
During Warner's first trial, prosecutors alleged he had plotted to kill his wife since the day before, when they said he had gone to visit family members and was giving away personal belongings.
"I think the evidence will show while James was in Cleveland that day, Carolyn came to Cleveland, took his car and drove back to Aurora, leaving James without a way of getting home, so he called his daughter," Butler said.
"She came to get him, and when he did get home, a fight broke out. A clock was thrown, maybe a skillet was involved, but the evidence will also show he went to bed and she followed and dragged him out of bed to continue fighting, which is what led to his going to the police department."
Video footage is expected to be shown of both parties at the police department the night before Carolyn's body was discovered. Court records show the couple had a history of domestic problems and twice started divorce proceedings.
Testimony from various witnesses and experts was to begin April 22 at 9 a.m. Check www.auroraadvocate.com for updates.
E-mail: mpiltz@recordpub.com
Telephone: 330-296-9657