MIDDLETOWN — Former Butler County Prosecutor Robin Piper has recused himself from ruling on the Ryan Widmer murder conviction appeal that will be argued before the 12th District Court of Appeals next week, this newspaper has found.

Piper, who was elected to the appellate bench in 2010, was originally assigned to hear the case of the convicted killer. Court Administrator Ben Manning said after Piper read the briefs, he decided to step aside.

“His feeling was ‘I bet at some time somebody asked me my opinion about that case,’ ” Manning said. “He said, ‘I don’t remember who or when, but I’m sure that it happened and just avoid the appearance of impropriety I shouldn’t sit on it.’ ”

This newspaper interviewed Piper in July 2009 after Widmer was let out of prison. After the first Warren County jury found him guilty of drowning his wife Sarah in the bathtub, jury misconduct was discovered. Judge Neal Bronson ordered a new trial.

This newspaper asked Piper whether a new bond would be set when Widmer returned to the Warren County Jail. Piper’s response was affirmative.

“There were some people who heard the evidence who think he is guilty of murder, so having heard all that evidence I think it would be stronger for the position it needs to be a very high bond,” Piper said. “If the purpose of bond is to secure a person’s attendance, if you look at that alone, would the defendant who has been previously convicted by jurors be more likely to run or less likely to run? He’d be more likely to run.”

Several legal experts, including Widmer’s first attorney Charlie H. Rittgers, told the newspaper that comment in and of itself, was not enough to necessarily warrant a recusal.

Manning said Piper didn’t remember what he may have said, but “you want to avoid even the appearance that you might be biased ... the better course of valor would be to get off, so that’s what he did.”

Judges Robert Ringland, Robert Hendrickson and former Judge H.J. Bressler will now hear the 30-minute oral argument Monday.

Judge Rachel Hutzel, who was elected to the bench with Piper, wasn’t considered for the panel since she prosecuted Widmer in Warren County.

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.