An Ohio appeals court has ruled that a Butler County judge should not have dismissed a claim of juror bias made by a Fairfield pediatrician convicted of multiple sex offenses.

The 12th District Court of Appeals on Friday ruled that Dr. Mark Blankenburg, who was convicted of multiple sex offenses, should have been given the right to file a petition for post-conviction relief over a juror’s bias.

Blankenburg was found guilty by a jury in October 2009 and sentenced to 21 to 27 years in prison for molesting three former patients and other charges stemming from money and drugs he paid the victims for years to keep quiet.

Blankenburg alleges one of the female jurors, whose son was a patient of Blankenburg’s, was heard saying she wanted to be on the jury to “see Blankenburg fry.”

Two affidavits from coworkers of the juror in question, which were provided to the court from Blankenburg’s defense team, were dated a year after the original trial date and appeal, according to the appellate court’s decision.

The Butler County Common Pleas Court denied the petition without a hearing because trial court Judge Keith Spaeth said the issue should have been raised on direct appeal.

The prosecution claimed Blankenburg should have recognized one of his patient’s parents during jury selection and objected.

With its ruling, the appeals court unanimously reversed the judgment earlier this year by the Butler County Common Pleas Court. Appeals court Judge Robert Ringland said a hearing “should have been held on the petition to determine the credibility of Blankenburg’s arguments and evidence.” The appellate court ruled that the trial court “improperly denied the petition” as the juror’s bias was not known until after Blankenburg initially appealed his case to the 12th District.

Butler County Prosecutor Michael Gmoser said he disputes the appellate court’s decision and will ask it to reconsider its decision concerning Blankenburg’s appeal.

“To me, the court’s decision raises the question of whether the legal concept of inadmissible hearsay is absolute in its application or just a matter of degree,” he said. “I intend to take that question back to the court of appeals on a motion for reconsideration.”

The reconsideration motion will be filed by the end of next week, Gmoser said.

Blankenburg’s attorney, Christopher Pagan, declined to comment Friday, saying he hadn’t read the court’s decision or discussed it with his client.

Blankenburg’s twin brother, Dr. Scott Blankenburg, pleaded guilty to eight felony counts related to sex offenses in January 2010 and was sentenced to 13 years in prison.

Mark Blankenburg lost his first appeal in the 12th District Court of Appeals in March and then again in June. In May, he appealed his case to the Ohio Supreme Court, but the state’s high court denied hearing the case “as not involving any substantial constitutional question.”