King case: Prosecutor opposes motion for new trial
Prosecutors filed a motion opposing a new trial for former Bellville police officer Maurice King III.
King, now 48, served 22 months in prison following a December 2008 conviction on seven counts, including four felonies. A jury said he tried to buy reportedly stolen guns from two felons. The first trial ended in a hung jury.
Through Columbus attorney Eric Allen, King is seeking an evidentiary hearing with retired FBI agent Brad Hoffert testifying about his investigation.
At issue is the testimony of two informants who were key witnesses in gaining a conviction. For a 2015 story, Hoffert told the News Journal both informants later told him they lied on the stand.
Richland County Prosecutor Jodie Schumacher filed a response saying that is not enough for a new trial.
"New trials are not to be granted lightly," she said. "Here, the defendant failed to submit supporting affidavits in support of his motion for a new trial.
"... In reviewing the motion, defendant asserts a witness for the prosecution told defendant and an FBI agent that the witness lied during his testimony," she said. "Defendant did not provide an affidavit to this court to support the claims he alleged."
Prosecutor cites case as reason not to grant new trial
Schumacher cited the case of Toledo v. Stuart.
"Like the court found, without a sworn affidavit from this agent and or these confidential informants, the motion for a new trial is nothing more than counsel's bare allegation of witness misconduct," she wrote. "... Like the court found in Toledo, a hearing on this motion will be unavailing, as the only information available to support these allegations is inadmissible hearsay, or hearsay within hearsay."
Schumacher cited another case that said "recanting testimony is unreliable and should be subjected to the closest scrutiny."
The investigation was conducted by former Mansfield police Detective Eric Bosko, who had one of the informants make two phone calls to King. Hoffert told the News Journal that those calls were not recorded, adding such a recording is standard police procedure.
In the summer of 2013, the U.S. Attorney's Office announced in a letter it would not take any more cases from Bosko, saying he could be deliberately untruthful and evasive.
Bosko retired as a captain with the county sheriff's office in 2014. A criminal investigation as to whether King's civil rights were violated resulted in no charges against Bosko.
"Additionally, defendant's motion fails to demonstrate (Bosko) ... committed any misconduct during the course of his trial or investigation, such that the outcome of the trial was materially affected," Schumacher wrote. "Defendant makes bold assertions through his motion, but there is no affidavit supporting what he alleges.
"Instead, he makes giant leaps to conclusory statements: That because Bosko and/or his investigations were called into question in a subsequent, unrelated matter, defendant's conviction must somehow be in error."
The defense motion was to be considered by Common Pleas Judge Phil Naumoff, who asked to be recused from the case. Hoffert now works for the court as a bailiff.
"Brad is our employee, so it created a conflict of interest," the judge said.
Fellow Richland County Common Pleas Judge Brent Robinson approved the recusal.
Robinson said he appointed Judge Christopher Collier, retired from Medina County, to consider the defense motion.
mcaudill@gannett.com
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This article originally appeared on Mansfield News Journal: Richland County Prosecutor opposes motion for new trial in King case
