CLARK COUNTY — The Clark County Prosecutor’s Office has replied to a request for a new trial for the 83-year-old man convicted of killing an Uber driver.
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As previously reported by News Center 7, the attorney for William Brock filed a motion on Jan. 20 requesting a new trial and an acquittal of his conviction.
On Friday, the prosecutor’s office filed its opposition to the motion.
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A jury found Brock guilty of the murder of Lo-Letha Hall on Jan. 14. He was also convicted of felonious assault and kidnapping.
In court documents, Brock’s lawyer claims that there was a clear misinterpretation of Ohio’s Castle Doctrine law and Brock’s self-defense rights.
“The jury was not instructed that they need not deliberate whether the State disproved any element of self-defense when Mr. Brock was presumed to have acted in self-defense,” the filing states. “The jury was not instructed that the State had to prove Ms. Hall was not unlawfully at Mr. Brock’s residence by a preponderance of the evidence in order to rebut the presumption of self-defense.”
However, the prosecutor’s office doesn’t agree with these claims.
“Defense counsel seeks to rewrite the facts of this trial in his client’s favor despite the facts that were presented. Moreover, defense counsel seeks to change a jury verdict even though the jury received jury instructions that contained accurate statements of the law,” the filing states.
The prosecutor’s office said defense claims Hall entered Brock’s attached porch, despite Brock disputing that fact, per body camera and hospital security video on the day of the shooting.
Even if Hall did enter the porch, that is not where the shooting took place.
“...Brock’s conception of the scope of R.C. 2901.05 (D)(2) is still too broad - he did not shoo Loletha Hall six times on his porch or inside his house - he murdered her on the driveway. The ‘Castle Doctrine’ does not cover this,” the filing stated.
The prosecutor’s office calls Brock’s second argument “essentially the same as the first,” but seeks a new trial instead of an acquittal due to an alleged error of law.
“This Court should not give defense counsel the opportunity to have another bite of the apple,” the filing reads. “The State suspects that this argument is made now becuase defense counsel knows this is almost certainly a losing argument on appeal.”
Now, it’s up to the judge to determine if the jury got it right or if Brock should get a new trial.
Brock’s lawyer said he will file an appeal in the Ohio Second District Court of Appeals if rejected by the Clark County judge.
News Center 7 will continue to follow this story.
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