COLUMBUS, Ohio — Defense attorneys for convicted former police officer Adam Coy believe he didn’t receive a fair trial because the prosecution didn’t turn over all their expert witnesses, including use of force expert Jamie Borden.

What You Need To Know

  • Defense attorneys for former Columbus police officer, Adam Coy, motion for a new trial saying prosecution withheld evidence not giving Coy a fair trial

  • The withheld evidence in question is expert witness testimony from use-of-force expert Jamie Borden

  • Defense attorney, Mark Collins, believes his testimony could have changed the outcome of the trial because his surface level review aligned with the defense's theory
  • Adam Coy was convicted of murder, felonious assault and reckless homicide for the shooting death of Andre Hill in Dec. 2020

The defense is calling it cherry picking witnesses to align with the prosecution’s theory. But prosecutors disagree with the defense’s argument. 

“To allow the government to cherry pick is a distortion of the supposed justice seeking function by the prosecuting attorney’s office,” said defense attorney Kaitlyn Stephens. 

It was a back-and-forth argument between the prosecution and defense during Monday morning’s motion hearing for a new trial. The defense argued the prosecution withheld evidence that aligned with its theory and the prosecution said that Jamie Borden isn’t even qualified to be a use of force expert in this trial because he only gave a surface level review. 

“I don’t know what expert who has professional standards is going to make an expert opinion based upon that limited information that what was publicly available on a video and other public information,” said prosecutor, Paula Sawyers. 

Defense attorney Mark Collins believes Jamie Borden’s testimony would have changed the whole trajectory of the trial if the prosecution let him testify as an expert witness. 

“There would be no more powerful person than Jamie Borden, who testified for the state in State v. Mitchell that to be testifying for the defense now and after the meeting with the government, that would be the most powerful testimony you could have in a case like this,” said Collins. 

Borden’s affidavit was shown during oral arguments Monday morning stating Coy acted the way he should in the event of a perceived deadly threat based on his surface level review. During the trial last fall, the prosecution used expert witness Seth Stoughton instead of Jamie Borden to testify Stoughton’s testimony supported the prosecution’s theory. But the prosecution believes that surface level review wasn’t enough to make him testify. 

“We have no idea if Jamie Borden takes the stand today what he would testify to. Your Honor, he is very clear in his affidavit that this was a surface review,” said Sawyers. 

Judge Stephen McIntosh will take their arguments under advisement next, and will either grant or not grant the motion for a new trial in the next 30 days. 

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