Alahverdian’s Habeas Corpus Action Filed in Ohio Supreme Court
May 6, 2013
COLUMBUS, Oh. — Late Friday afternoon, Eric J. Allen filed a habeas corpus action in the Supreme Court of Ohio on behalf of Nicholas Alahverdian. Alahverdian was falsely accused of two misdemeanor sex allegations in 2008.
The case, numbered 13-0698, alleges seven grounds on which Alahverdian should be released from the custody of the Dayton Municipal Court. He has been on probation since he was re-sentenced in November 2012.
“I’ve been down a long road,” said Alahverdian, “but I can finally see the light, the tunnel is ending.” He was forced to leave Harvard University and his friends, family, and business relationships in New England when city judge Carl Henderson put out a nationwide warrant even though Alahverdian complied with Henderson’s orders.
“Carl Henderson needs to realize that he is not the trifecta of judge, jury, and executioner. He can’t baselessly convict just anyone he pleases. In America, there has to be evidence. There has to be a jury trial. There has to be effective assistance of counsel,” said Alahverdian. “He has had his fun but now the game is over. I will pursue my innocence in the highest court in the land.”
The seven grounds for relief include:
1) Alahverdian is and was entitled, but was deprived and did not waive, a jury trial in violation of the U.S. Constitution and the Ohio Constitution
2) Alahverdian, in violation of the Fifth Amendment, was convicted of sexual imposition and public indecency when there was insufficient evidence to convict him
3) Alahverdian challenges the constitutionality of the trial court’s conviction because he was denied the right to due process pursuant to the Fourteenth Amendment. He invokes the U.S. Supreme Court case Brady v. Maryland due to the prosecution’s failure to provide all impeachable material. The prosecution had a responsibility yet failed to provide the details of Sinclair Community College Police Officer Kenneth Quatman’s firing from the Dayton Police Department.
4) Alahverdian had the right to receive the full four page written statement by complainant Mary Grebinski. Alahverdian was only provided with the first and third pages, marked “page one” and “page two” by Officer Quatman.
5) Alahverdian had the right to testify in his own defense but was deprived of the same. There were also two witnesses who were more than willing to provide testimony that would support the defense, but public defender Julie Dubel failed to interview them or call them as witnesses.
6) Alahverdian was never read his Miranda rights or told he was under arrest, in violation of the U.S. Constitution.
7) Alahverdian was denied his right to a jury trial, did not waive a jury trial, demanded a jury trial that was disregarded, and appellate counsel failed to raise the absence of a jury trial in the appellate process. Arguably, the two misdemeanors were considered “petty crimes” as opposed to “serious crimes” by the Dayton Municipal Court, thus making a jury trial not required. However, the Ohio legislature has imputed many penalties to sex offender registration and thus compels the judiciary to interpret sex allegations as “serious crimes.” In State v. Williams, the Ohio Supreme Court ruled that the sex offender registration scheme is indeed punitive.
Last month, Alahverdian filed lawsuits against both Judge Carl Henderson, his probation department, and others because of a longstanding tradition of corruption in that court. Several probation officers and bailiffs have been arrested and/or pled guilty to charges such as embezzling probationers’ fees and bulk distribution of cocaine.
Alahverdian also filed suit against Mary Grebinski and her current boyfriend, Nathan Lanning, because of threats they made following Alahverdian’s filing of the suit against Henderson.