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Mosley found guilty on official misconduct charge

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Sentenced to nine months and fine, jury deadlocked on other charges

By Taylor Riley

 

After several days of deliberation, a jury reached a verdict in the trial of a former Oldham County police officer.

Shane Mosley, 38, was found guilty on one charge of first-degree official misconduct relating to a ‘sexting’ incident with a juvenile in 2012.

The jury sentenced Mosley to nine months in jail and a $500 fine. Official sentencing will be Dec. 14.

The jury did not reach a verdict on the other two charges of unlawful transaction with a minor.

Day one of the trial began with opening comments by both the Commonwealth and the defense team. Called to the stand were Sam Johnson and Hannah West, who, Mosley pulled over on the night of Sept. 25, 2012.

Commonwealth Assistant Attorney Barry Baxter questioned West about pages of allegedly inappropriate text messages between she and Mosley dated Sept. 26 through Sept. 28

Day two of the trial included cross-examination of West from the defense team. Defense Attorney Steve Schroering questioned West about the text messages on the day after the traffic stop, pointing out that the texts were of Mosley just checking up and making sure West wouldn’t be “dragged down” by her “drug user boyfriend.”

The defense pointed out that the texts ended innocently at 3 p.m. on Sept. 26, but continued the next day after West said her mother called Mosley late that night from West’s phone. The defense questioned West about why she would text Mosley the next day asking him questions about his wife and child, asking if he would “like to meet” and to send her a picture.

West claimed that after she met with OCPD to explain what was happening, she wanted to confirm that it was actually Mosley that was texting her. The defense claimed that West’s texts and the recorded phone call created “false impressions” in Mosley’s mind, as they were flirtatious.

But Baxter fired back, questioning West’s intentions with the flirtatious text messages. West admitted that she in no way had intentions of having sex with Mosley, that she just thought it was odd that he was texting her and she was “curious” as to why he would be doing so.

Next on the stand was Detective Michael Rittenhouse who was asked to assist with the case in 2012. Rittenhouse admitted to obtaining Mosley’s TracFone that he used when texting West and also used for some work functions. On Sept. 28, Rittenhouse obtained a subpoena to take the cell phone and the phone had been wiped out of outgoing, incoming, draft and picture messages.

Next on the stand was Sgt. Neil Johnson, who not only was the main officer involved in the case, but also Mosley’s direct supervisor. Johnson said the department receives complaints “all the time” about officer misconduct, which most of the time end up being false. As an administrative officer, though, he has to look at every complaint.

Johnson said he conducted the investigation, but was not really sure what they were investigating until the texts and phone calls began being inappropriate on Mosley’s side. Johnson said he was concerned with the “nature” of the text messages and went on to serve Mosley with an arrest warrant on Sept. 28.

The defense team questioned the way OCPD conducted the investigation, concluding that the recorded phone calls and text messages from West were entrapping Mosley for a crime he wouldn’t otherwise commit.

Major Tim Wakefield was called to the stand next, telling the court that when Mosley was arrested on Sept. 28, he made the statement, “this is over that girl, isn’t it?” Next was Chief Greg Smith who said he became involved on Sept. 27, and also witnessed hearing Mosley saying the statement on the day of the arrest.

Other officers including Sgt. Tracy Witt and Patrol Officer Thomas Hood also took the stand on day two of the trial.

The defense’s witnesses were up next starting with Gwen Mosley, mother of the accused and Shane Mosley.

Shane Mosley admitted to texting West, but said it was just to build a “rapport” with her. He explained that he worked many undercover drug investigations, in which he would try to be on the level of whomever he was in contact with in order to receive more information about the case.

Mosley went on to say he had “no intention” of meeting up with West, that it was actually she who asked him approximately 35 times to get together. He said he did send flirtatious messages and a shirtless picture, but it was just to establish a connection to gain more information from her about the case.

Cross-examination from the prosecution asked if Mosley had no any intention of meeting with West, then why didn’t he tell anyone about the investigation he was supposedly conducting? Mosley said he never had to tell his supervisors when he was conducting an investigation.

The defense then concluded that Mosley had every opportunity to have sexual relations with West, but in the end, did not.

In closing arguments, the defense concluded the texts from Mosley were out of context. The defense claimed OCPD conducted their investigation of Mosley based on an emotional reaction and that they acted too quickly. Schroering also concluded that OCPD encouraged Mosley to commit the crime by helping West conduct flirtatious conversation with him.

The Commonwealth concluded their arguments with stating the fact that West was 17 years old at the time this was happening, making her a juvenile. Baxter said Mosley used explicit language with West, showing his intent to have sex with her.

Judge Karen A. Conrad said the jury deliberation was the longest in her 14-year career.

Baxter told the Era that he would be “talking with the victim, police and his team to see how they will proceed” with the other charges.

Email us about this story at taylorriley@oldhamera.com.