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Thread: Nawaz Ahmed - Ohio Death Row

  1. #11
    Administrator Helen's Avatar
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    Man on death row for murdering four people in St. Clairsville rejects hearing to set aside the death penalty

    BELMONT COUNTY, Ohio (WTRF) - Nawaz Ahmed was convicted of murdering four people—his estranged wife and three members of her family– in 1999 in St. Clairsville.

    On Friday, he was to appear in Belmont County Common Pleas Court on a motion entered by his attorney, for the death penalty to be overturned because of serious mental illness.

    Ahmed appeared on video from prison.

    But he immediately said the hearing should not happen.

    Ahmed said he has filed notice of appeal, so Belmont County Common Pleas Court no longer has jurisdiction.

    So why did he fight against a hearing that may have set aside his death penalty?

    Here’s what the prosecution says.

    “If in fact this court would find that he is seriously mentally ill, the only thing this court can do is to convert his death sentence to that which is life without parole,” said Prosecutor Kevin Flanagan. “And if you do that, you give up any claims of innocence, and that’s why Nawaz Ahmed was vehemently against this being filed on his behalf. Because he has maintained his innocence for the last 23 years.”

    Judge Frank Fregiato sustained Ahmed’s motion.

    The hearing on vacating the death penalty was not held.

    The defense contends that Ahmed is seriously mentally ill, and was at the time of the murders.

    The prosecution contends Ahmed is not mentally ill.

    He is convicted of slitting the throats of his estranged wife, her father, her sister and her sister’s baby girl on September 11, 1999.

    https://www.wtrf.com/belmont-county/...death-penalty/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #12
    Moderator Bobsicles's Avatar
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    Distributed for conference September 28, 2022.

    https://www.supremecourt.gov/search....c/21-7850.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  3. #13
    Moderator Bobsicles's Avatar
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    Final appeal again distributed for conference September 28, 2022.

    https://www.supremecourt.gov/search....c/21-7850.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  4. #14
    Administrator Helen's Avatar
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    Ahmed to represent himself in hearing to set death sentence aside

    By Robert A. DeFrank
    The Times Leader

    ST. CLAIRSVILLE — Nawaz Ahmed likely will represent himself from death row in an upcoming hearing.

    After listening to arguments from Ahmed, his defense attorney Adele Shank, and Belmont County Prosecutor Kevin Flanagan, Belmont County Common Pleas Judge Frank Fregiato ruled Ahmed’s defense attorney’s appointment has expired.

    Ahmed would decide if he wants to proceed with the argument that he was mentally ill during his crime.

    In 2001, Ahmed was sentenced to death for the 1999 murder of his estranged wife and her family. The bodies of Dr. Lubaina Bhatti, 39, her father Abdul Majid Bhatti, 78, her sister Ruhie Ahmed, 35, and her niece, Nasira Ahmed, 2, were found in Ahmed’s St. Clairsville home, and Ahmed was stopped before he could board on a flight for Pakistan.

    Monday’s hearing was a contentious one, with Ahmed objecting to his attorney soon after he appeared via video from death row at the Chillicothe Correctional Institute.

    Adele Shank, Ahmed’s defense attorney, had filed a motion on his behalf, saying he was seriously mentally ill during the killings and not eligible for the death penalty under 2953.21 of the Ohio Revised Code.

    Shank said new provisions had been made to allow for individuals who had a serious mental illness can have their death sentence set aside and receive an automatic life sentence.

    “I am Mr. Ahmed’s defense attorney,” Shank said as she introduced herself at the beginning of proceedings.

    “Not according to him,” Fregiato said.

    Shank had been appointed to the case by Fregiato and said she had represented Ahmed for a number of years. Shank said the Seventh District Court of Appeals found Ahmed’s notice of appeal was invalid since it was not the final appealable order.

    “There have been several additional notices of appeal, and the court of appeals had dismissed them all,” Shank said. “Really this is the initial status conference of the case.”

    “The defendant did not seek out the assistance of counsel. The defendant does not want the assistance of counsel, in fact did not want to avail himself of whatever remedy this particular statute would allow,” Belmont County Prosecutor Kevin Flanagan said, adding that the court should determine if Ahmed wants counsel or if the matter should be dismissed. Flanagan added Ahmed would have to give up his innocent plea should this statute be pursued.

    During proceedings, Shank reiterated that Ahmed had been diagnosed with a delusional disorder at the time of the trial. She also objected that she believed Ahmed was not competent and could not waive counsel without being determined to be competent.

    “His delusional disorder has been manifest throughout the many years that I’ve represented him,” she said.

    Ahmed said at the beginning of September he had filed for a motion to stay and abeyance of the proceedings, and for indefinite continuances until the federal court has made a decision.

    Flanagan said Ahmed’s filings demonstrate a grasp of the proceedings. Shank said the delusion impacts specific areas of Ahmed’s mental state and he is functional in others. She asked that the issue of Ahmed’s competency be ruled on at the Monday hearing.

    “It’s is a one-time opportunity for those already on death row. He will never get a chance again to save his own life through the use of this statute,” Shank said.

    “Mr. Flanagan, you find yourself in the unusual situation where you’re agreeing with the defendant himself,” Fregiato said.

    “The defendant has the right to determine whether or not he wants to move forward with his appellate process relative to claims of innocence,” Flanagan said.

    “Ma’am, aren’t you cutting off is rights?” Fregiato asked Shank.

    She said she was not, on the grounds of lack of competency.

    “The idea that this is a legitimate claim of innocence to be heard by another court is not supported procedurally,” Shank said. “There are a number of other courts that have said ‘we’ve reached a conclusion on these claims,’ and they have not granted him any relief.”

    Ahmed said Shank was making false claims and false allegations and said she had not filed matters on his behalf as he instructed. He attempted to interject when Shank responded that she was required to act in the best interest of a client with diminished capacity.

    Fregiato ruled Ahmed was not incompetent and could proceed on his own. Shank asked that a competency evaluation be considered. Flanagan said he did not believe the statute called for it, but would provide case information to Fregiato. Shank asked should this decision be reversed, the filing would date back to the initial filing date so Ahmed did not lose the opportunity to pursue this option.

    A further status conference will be set.

    “We have always maintained, and courts of appeal have upheld, all the decisions of the trial court. Any mental illness that he may have had did not contribute to him killing his wife, his sister-in-law, his father-in-law and his … niece. All of those issues were fully explored in the trial,” Flanagan said afterward.

    “We do anticipate that Nawaz Ahmed will now withdraw this particular motion and he will continue to appeal his sentence as he has done previously, however he has failed at every stage and we anticipate that he will continue to fail,” Flanagan said.

    “If we felt that he had some mental illness that caused him to commit these crimes, we would absolutely not take the position that we’ve taken,” Flanagan said. “Courts of appeal over the last decade have found him competent.

    “In this particular case we had four innocent people that were bludgeoned and stabbed to death. The jury’s decision in both finding him guilty and the sentence were appropriate in this case,” Flanagan said.

    Flanagan said there is no date set for Ahmed’s execution at this time.

    https://www.timesleaderonline.com/ne...entence-aside/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
    Senior Member CnCP Legend Mastro Titta's Avatar
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    In today's orders, the United States Supreme Court DENIED Ahmed's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Numbers: (20-4302)
    Decision Date: July 30, 2021
    Rehearing Denied: December 7, 2021

    https://www.supremecourt.gov/orders/...22zor_fcgj.pdf
    Last edited by Mastro Titta; 10-03-2022 at 04:02 PM.

  6. #16
    Moderator Bobsicles's Avatar
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    Yet another final petition for writ of certiorari filed to SCOTUS on May 3.

    https://www.supremecourt.gov/Search....5C22-7574.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  7. #17
    Moderator Bobsicles's Avatar
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    Final appeal distributed for conference 9/26/23.

    https://www.supremecourt.gov/search....c/22-7574.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  8. #18
    Senior Member CnCP Legend Mastro Titta's Avatar
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    In today's orders, the United States Supreme Court DENIED Ahmed's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Numbers: (22-3039)
    Decision Date: November 14, 2022
    Rehearing Denied: February 3, 2023

    https://www.supremecourt.gov/orders/...23zor_5368.pdf

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