COLUMBUS, Ohio (WCMH) – Attorneys for a former Columbus police officer convicted of murder have asked a judge to give him a new trial, accusing prosecutors of withholding evidence.
On Nov. 5, a Franklin County jury convicted Adam Coy, 48, of murder, reckless homicide and felonious assault for shooting Andre Hill, an unarmed 47-year-old, in 2020. The decision was made after a two-week trial, including about 12 hours of deliberations. Coy is scheduled to be sentenced by Judge Stephen McIntosh on Nov. 25, and is facing a mandatory 15 years to life in prison.
Coy’s attorneys Mark Collins and Kaitlyn Stephens filed a motion on Monday requesting a new trial, claiming that Deputy Chief Counsel Anthony Pierson and Assistant Prosecuting Attorney Renee Hamlin did not disclose an expert witness to the defense, violating Coy’s right to a fair trial.
The motion states that Pierson contacted an expert witness and former police officer named Jamie Borden, who held the opinion that “Coy’s conduct was consistent with a response to a perceived deadly threat.”
Borden never provided the state with an official report, as the state told him his services were no longer needed upon learning he had not started his written review. Borden signed an affidavit which was provided to the court, confirming he spoke with Pierson and gave him his opinion. Coy’s attorneys claim they were not aware Pierson contacted Borden until last week, and said they have not been contacted directly by Borden.
“The State of Ohio withheld information by a dual expert who provided an opinion that the State of Ohio did not like because it was favorable to our client, Adam Coy, and contrary to the State’s theories,” defense attorneys wrote.
Pierson said the prosecutor's office will be filing a response to the defense's motion, and that he does not have any further comment.
A landmark 1963 Supreme Court Decision in Brady vs. Maryland established the Brady rule, which requires prosecutors to disclose any exculpatory evidence -- or evidence that is favorable to a defendant -- to defense attorneys in a court case.
The most common outcome when a Brady violation is found is that the conviction is overturned, according to the Legal Information Institute. It is unclear when McIntosh will rule on the motion.
