Motion seeks new trial for Holtzclaw

In this Dec. 10, 2015, file photo, Daniel Holtzclaw (right) cries as the verdicts are read in his trial in Oklahoma City. At left is defense attorney Robert Gray. A jury found the former Oklahoma City police officer guilty of raping and sexually victimizing eight women on his police beat. (AP Photo)

OKLAHOMA CITY — Former Oklahoma City Police Department officer and former Enid resident Daniel Ken Holtzclaw asked for a new trial Wednesday, the day before he was set for sentencing.

Holtzclaw's attorney Scott Adams filed the motion for a new trial Wednesday, or alternately for a evidentiary hearing, because of evidence withheld from the defense.

According to the motion, Adams is asking the court to "determine whether discovery was withheld from the defense containing potentially exculpatory evidence or impeachment evidence and in violation of the direct government representations to the contrary."

The motion claims Holtzclaw, 29, was denied a fair trial because of "deliberate discovery violations and misrepresentations" that undermined confidence in the verdict.

Holtzclaw was convicted Dec. 10, 2015, following four days of jury deliberations, on 18 counts of a 36-count indictment, including four charges of first-degree rape. The eight-man, four-woman jury recommended Holtzclaw serve a total of 263 years. Judge Timothy R. Henderson, who heard the case, set sentencing for 10 a.m. Thursday.

The charges involved 13 women who accused the officer of sexually victimizing them in the low-income neighborhoods he patrolled on the city’s northeast side.

The motion filed by Adams cites a Facebook post by OCPD Detective Jake McClain following the jury verdict in the case, stating he was "a detective who assisted in parts of the investigation," referring to Holtzclaw's case.

McClain also made statements revealing there is evidence being withheld from the defense, according to the motion. McClain's comments included: "several (women) who came forward were found to be liars who were looking for their piece of the pie" and "DNA evidence from several of the victims was found in his car AND HIS PANTS."

Adams writes in the motion if McClain's comments are true, evidence was withheld from the defense, despite the government's "repeated promises on the record that the defense had been given every piece of evidence in the case."

According to the motion, the defense was told of only one woman's DNA being found during forensic examination. The defense also said all those who made claims again Holtzclaw had been disclosed to the defense. It also states McClain's does not appear in any discovery materials provided to the defense.

The motion cites as evidence an interview with a juror conducted by KOCO-TV. The juror told the news station after the fact jurors were told there was other "stuff that wasn't actually in evidence that confirmed what was going on."

The motion claims the prosecution made "deliberate misrepresentations" and could have prevented the defense from discovering whether there was collusion among the victims in the case.

The motion asks, at minimum, for a hearing to determine the truthfulness of McClain's statements, what additional evidence exists that was not disclosed to the defense "and whether any evidence withheld was material, exculpatory or impeachment evidence."

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