Judge denies former Bellville police officer's motion for new trial
An appointed judge has rejected a motion filed by former Bellville police Officer Maurice King III for a new trial.
Judge Christopher Collier, retired from Medina County, ruled the motion was not filed in a timely manner.
King, 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 with a hung jury.
Through attorney Eric Allen, King alleges the two informants lied during his trial and the Richland County Prosecutor's Office should have known.
In a memorandum in opposition, Prosecutor Jodie Schumacher argued the court should deny the motion for a new trial without a hearing.
The state argues that any motion for a new trial must be supported by an affidavit and claims the affidavit by King is "merely self-serving, non-admissible and insufficient to even grant an oral hearing on the motion."
Judge reviews requirements for application for new trial
Judge Collier responded, "Both Mr. King and the State are, at best, premature in their current positions. First things first."
Collier cited the form and timing outlined in Crim. R. 33(B).
According to the rule, an application for a new trial should be made by motion within 14 days of the verdict being rendered, except for the cause of newly discovered evidence.
Further, motions for a new trial based on newly discovered evidence should be filed within 120 days after the day the verdict was rendered.
The rule also says if clear and convincing proof that the defendant was unavoidably prevented from the discovery of the evidence upon which he must rely, such motions should be filed within seven days from an order of the court finding that he was unavoidably prevented from discovering the evidence within the 120-day period.
Collier said King did not meet the timelines.
"Consequently, there has to be some evidence presented by the defendant demonstrating that the movant was unavoidably prevented from ascertaining the ground sought to be asserted by way of motion ...," the judge wrote. "This court finds that defendant's motion and affidavit provide no evidence showing that the movant was unavoidably prevented from ascertaining the ground sought to be asserted for a new trial within the required time periods."
King was seeking an evidentiary hearing with retired FBI agent Brad Hoffert as a witness. For a 2015 story, Hoffert told the News Journal the two informants told him they lied on the witness stand.
Collier was appointed to the case after Judge Phil Naumoff recused himself. Hoffert now works as a common pleas court bailiff.
The King investigation was conducted by former Mansfield police Detective Eric Bosko. 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.
A criminal investigation as to whether King's civil rights were violated resulted in no charges against Bosko.
mcaudill@gannett.com
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This article originally appeared on Mansfield News Journal: Former Bellville police officer denied in bid for new trial
