The sentencing for a man convicted of murder has been postponed in order to allow the defense to file a motion for a new trial.
Robert Theodore Bosley, 39, was convicted of first-degree murder, first-degree assault, conspiracy to commit first-degree murder and conspiracy to commit first-degree assault in April. He was scheduled to appear for sentencing Friday, but his attorneys, Joseph Murtha and Ned Curry, filed an unopposed motion to postpone the sentencing. He's now scheduled to appear for sentencing on Dec. 5, according to electronic court records.
In their motion, Murtha and Curry argued the sentencing needed to be postponed for two reasons.
First, attorneys want to have a psychological evaluation done on Bosley, separate from the one already requested by the state and completed. According to the motion, the attorneys have to go through the Office of the Public Defender for this to happen, and they could not have that completed before the original sentencing date.
Second, the attorneys are planning to file a motion for a new trial, according to the motion. After the trial, an investigation into Sgt. Brandon Holland, one of the lead investigators on the case, was completed. The conclusions from the investigation was that Holland was not truthful in events that were investigated, and his veracity was "material to considerations made by defense counsel during the course of the adjudication of pretrial motions, and cross examination of the time of the trial," according to the motion.
Murtha and Curry wrote that they would need more time to prepare and file a motion with the information they obtained about the investigation, and they wouldn't be able to do it by Friday. The state would also not have enough time to respond to the motion, according to the defense's motion.
The state did not oppose the postponement, according to the motion.
heather.mongilio@carrollcountytimes.com
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