Friday, March 2, 2012

The Conclusion of The Kiser Trial


     The state began their final arguments by stating that the case could be proven in their favor for several reasons. Prosecutor Mead stated that the case presented by the state stood on more than just one form of evidence. He claimed that the medical evidence could be disregarded completely, and there was still enough evidence to convict Josh Kiser. However, the state still insisted that Mrs. Kiser was poisoned, and that arsenic could have been the culprit. The state’s medical experts informed the prosecution  that arsenic could have been processed by the body and that is why no evidence of arsenic was found. At this point the state was certainly grasping at straws. Their star witness turned out to be mentally unstable, and therefore her testimony would probably not enter into the jury’s thinking. Also, the defense had done a good job refuting the so-called “expert” medical testimony presented on behalf of the prosecution. The state’s main case was based on rumors from a gossiping town. Hardly, enough evidence to convict someone beyond a reasonable doubt. The state’s case was in trouble, and they had to know it.
     The jury heard the final words of Judge Garver on Saturday, February 24, and at 2:58 they filed out of the court room and entered the jury room to make the decision concerning the fate of Joshua Kiser. Kiser made conversation with his friends and family while they awaited the much anticipated verdict. It was observed that Kiser seemed calm and confident of acquittal.
     Just about two hours later the jury announced that they had reached a verdict. Once everyone returned to the court room, the verdict was handed to Clerk Thomas Weaver. When Weaver read the words, “not guilty” Josh Kiser finally gave way to his feelings. All through the trial Kiser had maintained his composure. However, when he heard the words that meant his nightmarish ordeal was over, he broke down and the tears flowed. Kiser shook the hand of every juror, and thanked them profusely, he was quoted, “As God as my judge, gentlemen, you would have murdered me had you voted for conviction for I am innocent.”
     As soon as the verdict was read, Prosecutor Mead immediately left the court room without saying a word. A.V. Bauman followed and neither attorney for the state offered any statement.
     The jurors gave their reasons for finding in favor of the defense as: they did not believe the state had proven their medical testimony; they disregarded the testimony of Louise Boston due to her mental condition; and also because they believed what the defense contended in that gossip, rumors, and hearsay had much to do with charges being brought against Kiser. Another reason for their decision was the testimony of Kiser himself. He started with one story of innocence, and ended with the same story. Even in the face of intense cross-examination by Prosecutor Mead, Kiser’s story never wavered.
     The jurors also made it clear that they thought Prosecutor Mead had acted honorably during the trial. They thought he was misled by his medical experts, and the gossip preceding Kiser’s arrest.
     For reasons unknown to this writer, very soon after the trial Josh Kiser moved to Los Angeles, California. He may have moved for health reasons, or maybe it was because he didn’t want to deal with further rumors. Joshua Kiser passed away at the age of 67. He died and was buried in Los Angeles.
     The Kiser trial set records in Sandusky County as well as this section of the state. The trial was in progress for a total of thirteen weeks, and used 56 days of actual court time. At the time it was estimated that the trial would probably cost Sandusky County nearly $15,000.
     While this writer is sure justice was served from what was learned of the case. Still, however, a question remains. Exactly why did Louise Boston make up her story. It seems she went to great, dramatic, lengths to give herself up as an accomplice to murder. We will probably never know.  

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