K. Robert Toy of Athens was appointed in Meigs County Common Pleas Court to file the brief in the Fourth District Court of Appeals and represent Rizer in her case.
Herman Carson and Glenn Jones, attorneys with the Ohio Public Defender’s Office who represented Rizer in her two jury trials, filed a notice of appeal in Rizer’s murder case in February, but Toy was appointed to handle the appeal on motion of the defense, according to a filing in Rizer’s appeals court record.
Rizer shot her husband, Kenneth, Sr., at their Lovett Road home in April 2009. He died in his reclining chair from multiple gunshot wounds. She is now serving a sentence of 15 years to life at the Ohio Reformatory for Women, with additional mandatory time for a firearms specification.
Rizer was acquitted in October 2009 of aggravated murder, but her first jury was unable to reach a verdict on a murder charge. She was re-tried and convicted in January of murder.
Rizer’s second jury determined she intentionally shot and killed her husband while he was resting in his recliner. In both of her jury trials, Rizer claimed her husband had become increasingly violent and that she had fired shots at him during an argument in self defense.
Jurors found Rizer malingered, or lied to strengthen her case, in order to justify shooting her husband. In her second trial, Rizer added details about her alleged mistreatment at the hands of her late husband, including his use of a paddle to beat her. Jurors did not buy the story.
There is no specific time schedule set forth in Rizer’s appeal. Attorneys will now wait for the completion of a transcript of the trial proceedings — expected to take at least 40 days to complete, and file briefs outlining their positions.