Adam Coy was convicted of murder this month after shooting an unarmed Black man in 2020. The former Columbus, Ohio, police officer has now requested a new trial, alleging prosecutors concealed evidence that was favorable to his defense.
Defense attorneys Mark Collins and Kaitlyn Stephens filed a motion on Monday in the Franklin County Court of Common Pleas, arguing that prosecutors violated Coy's constitutional right to due process.
The attorneys said they learned last week that prosecutors failed to disclose an expert witness. The lawyers allege that the witness was dismissed after he concluded Coy was justified in his use of deadly force when he shot 47-year-old Andre Hill multiple times, mistaking a ring of keys in the victim's hand for a silver revolver.
During Coy's trial, the state called another use-of-force expert witness, Seth Stoughton, a professor at the University of South Carolina School of Law, who testified that Coy's actions were not reasonable and did not justify the use of deadly force.
"The State's withholding of this expert witness it consulted and subsequently fired upon hearing that he had not produced a report completely undermines the integrity of the judicial process," the defense attorneys argued in the motion.
The defense attorneys added, "The State's concealment of that initial opinion suggests a strategic effort to secure testimony tailored to the State's desired outcome. Such actions prejudiced Adam Coy and compromised the pursuit of Justice."
A spokesperson for the Franklin County Prosecutor's Office told ABC News on Tuesday that the state plans to respond to the defense motion, but had no further comment.
MORE: 'I thought I was going to die': Former Ohio police officer Adam Coy testifies in Andre Hill murder caseOn Nov. 4, a jury found Coy guilty of murder, felonious assault and reckless homicide.
Coy faces a sentence of life in prison without the possibility of parole. He is scheduled to be sentenced on Nov. 25.
During his closing argument, Franklin County Assistant District Attorney Anthony Pierson relied heavily on Stoughton's conclusions in condemnation of Coy.
"For whatever reason, a reason none of us may ever, ever know, he decided to shoot Andre Hill four times," Pierson told the jury. "There’s no justification, there was no reasonableness."
Coy testified at his trial, asserting that he feared for his life when he mistakenly believed Hill was leveling a silver revolver at him as he stepped out of the garage on Dec. 22, 2020. But the silver revolver that Coy believed Hill was holding in his right hand, according to his testimony, turned out to be a set of silver keys.
Police body-worn camera video played for the jury shows Hill had an illuminated cell phone in his other hand.
MORE: Jurors in murder trial of former Ohio police officer offered contrasting theories in killing of Andre Hill"I thought I was going to die," an emotional Coy, a former member of the Columbus Division of Police, testified, adding that he reacted in self-defense.
The defense motion for a new trial included an affidavit from Jamie Borden, a body camera and use of force expert. Borden, according to the affidavit, said he consulted with Pierson about the case.
"The State of Ohio made it clear that my objective was to assist the government by providing an opinion in support of the State's objectives in this case," Borden said in his affidavit.
He said he told Pierson that Coy's conduct appeared to be reasonable in response to a perceived deadly threat, and his use of deadly force was therefore justified.
"Upon advising the State of Ohio that he had not yet begun drafting his report, the State of Ohio informed him that he was no longer needed to consult for his expert services," according to the defense motion.
In May 2021, the City of Columbus agreed to a $10 million wrongful death settlement with Hill's family, the highest amount ever paid by the city.