COLUMBUS, Ohio — Former Columbus police officer Adam Coy was scheduled to be sentenced on a murder charge on Monday, but that hearing has been postponed.
Earlier this month, Coy was found guilty of murder, reckless homicide and felonious assault for the December 2020 shooting death of Andre Hill.
After a two-week long trial, on Nov. 5, jurors found Coy guilty.
Now, defense attorneys have filed a motion arguing the prosecutors kept information from them and are asking for a new trial.
RELATED: Defense attorneys representing Coy file motion for new trial, argue state withheld evidence
Coy's attorneys argue the state hid information from them that was vital to the case.
They made a motion for a new trial and for the sentencing to be delayed.
Anthony Pierson, Deputy Chief Counsel for the Franklin County Prosecutor's office, had asked Judge Stephen McIntosh to sentence Coy immediately following the verdict. McIntosh declined, and scheduled sentencing for Nov. 25.
Coy would be sentenced to life in prison without the possibility of parole for at least 15 years.
“The defense is claiming there's a self-defense expert who said it was a good shot and that the prosecutor didn't provide them that information to the defense. If that is true, there probably does have to be a new trial,” said Mark Weaver.
In the motion, defense attorneys argue the prosecutor reached out to use of force expert, Jamie Borden, who also testified in the murder trial against former Columbus Police Vice officer Andrew Mitchell.
The filing says Borden told prosecutors he believed Coy thought there was a deadly threat and was justified in his use of force.
Prosecutors allegedly never made defense attorneys aware of this potential witness.
Mark Weaver is an attorney, and has served as a prosecutor. He is not affiliated with this case.
“There's a U.S. Supreme Court case called Brady vs. Maryland that requires prosecutors to tell defense lawyers if there's exculpatory evidence. What that means is evidence that may be that the defendant didn't commit the crime or maybe one of the elements is missing. You have to give it over,” Weaver said.
In the filing, defense attorneys wrote, "When Mr. Borden made clear that unless he was presented with additional information that proved otherwise, it was his expert opinion that Adam Coy's actions were consistent with perceiving deadly threat, the State engaged in retail therapy to shop for an opinion favorable to that of the State's position. The state then purchased a $13,000 man, Seth Stoughton."
The sentencing has now been postponed.
“Someone who is found guilty by a jury is not convicted until the judge orders the sentence. This is because there needs to be time for post-trial motions where the judge could consider whether the trial was done properly. The judge does have the ability to set aside the verdict and order a new trial. That could be what is happening here,” Weaver said.
Now it will be up to judge McIntosh to decide if he will proceed with sentencing or order a new trial.
“Judge McIntosh is a pretty good judge. I know him, I know his reputation, he's smart. He wants to do the fair thing. The fact that he's moved back sentencing suggests that there's some serious consideration of the defense's position. I would not be surprised if this violation of not turning over this self defense expert would order a new trial,” Weaver said.
10TV reached out to prosecutors and defense attorneys, both sides declined to comment.
