Convicted Killer Shaun Bosse Is Asking For A Retrial

A man on death row for killing a mother and her two children is now asking for a retrial.

Shaun Bosse set their Dibble mobile home on fire to destroy the evidence. Now, he says his conviction should be overturned.

The crime happened in rural McClain County back in 2010. Five years later, he is asking for another day in court.

“Our children died,” Ginger Griffin said. “They didn't get a choice. They didn't get to live a life."

But three years later, Shaun Bosse is still living life behind prison bars in McAlester. His attorney is now fighting for a reversal of the death penalty Bosse received back in 2012 for the death of his 25-year-old girlfriend, Katrina Griffin, and her two children. Their bodies were found inside their burned mobile home.

Bosse's attorney argues Bosse deserves a retrial because of legal errors in the trial.

“You can't use a person's exercise to use their constitutional rights against them, and that's exactly what happened,” Bosse's attorney Michael Morehead said.

Morehead claims that happened when Bosse refused consent to search his truck.

“If you're going to use scientific evidence like that and methods to recreate a scene, it has to be similar in order to be admissible,” he said. “Our argument was that it was not similar.”

The ATF recreated the scene with a similar model mobile home and set it on fire to see if it could burn the same amount of time as the one in the case. But unlike the mobile home in the crime, the windows kept breaking.

“They didn't want to replace windows all the time,” Morehead said, “So what they did is they boarded up these windows.”

Morehead said that would affect the outcome and the time frame of Bosse's whereabouts

“We're in the business of ensuring that if the state is going to exercise its ultimate ability to deal with a citizen by taking the citizen's life, we want to make sure we get it right,” Morehead said.

There is no set time on how long this process could take. It depends on when the court makes a decision.