Former Bellville police officer who spent 2 years in prison seeking new trial
Sixteen years after he was convicted and sent to prison, Maurice King III is still trying to clear his name.
In December 2008, King was convicted at the end of a second trial 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.
King, a former Bellville police officer, served 22 months in prison.
Through Columbus attorney Eric Allen, King is seeking an evidentiary hearing with retired FBI agent Brad Hoffert testifying about his investigation. King is bidding for a new trial.
King questions testimony of informants
At issue is the testimony of two informants who were key witnesses in gaining conviction. For a 2015 story, Hoffert told the News Journal that both informants later told him they lied on the stand.
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 that it would not take any more cases from Bosko, saying he could be deliberately untruthful and evasive.
Defense attorney Cassandra Mayer, who represented King in both of his trials, previously confirmed the case in question was King's.
Bosko retired as a captain with the Richland County Sheriff's Office in 2014. A criminal investigation as to whether King's civil rights were violated resulted in no charges against Bosko.
In his memorandum in support of his motion, Allen cited a criminal rule that says "a new trial may be granted when the prosecuting attorney or witnesses for the state engaged in misconduct that materially affected the defendant's substantial rights."
Allen referenced a state case that misconduct would not be grounds for reversal unless the misconduct was "so pervasive as to deprive the defendant of a fair trial."
Allen maintains that filings in federal court showed Bosko lied to get search warrants.
"This makes it more likely than not that he engaged in misconduct in this investigation and in his conduct during the trial," Allen wrote in his motion.
Attorney cites investigation by FBI to back motion
Allen also noted Hoffert's investigation for the FBI.
"Agent Hoffert also found that the investigation into King was shoddy at best," the attorney wrote. "Bosko helped a key witness pick King out of a lineup. He failed to record interviews and phone calls.
"In sum, he failed to conduct a professional, competent investigation into King's alleged criminal activity."
Allen cited two federal cases in making his point.
"A conviction obtained by the knowing use of perjured testimony is fundamentally unfair and must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury," he wrote.
The motion maintains Bosko presented false testimony to the prosecutor and the jury regarding King's culpability.
"Without these two compromised informants, this conviction would unravel. There would be no information the jury could rely upon to justify a conviction," Allen wrote.
In his conclusion, Allen wrote, "Two lying informants and a corrupt police officer changed the trajectory of (King's) life. He spent two years in prison.
"He lost his purpose when he could no longer be a police officer. This injustice has become his new purpose."
King agreed.
"I just want the right thing to be done," he said. "I know who I am; I know who I was at the time. I just want the truth to come out, finally."
Richland County Prosecutor Jodie Schumacher sent an email to the News Journal about King's case.
"I am in the process of reviewing the matter and deciding an appropriate response," she said.
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This article originally appeared on Mansfield News Journal: Former Bellville cop who spent 2 years in prison trying to clear name
