Alahverdian’s Habeas Corpus Action Filed in Ohio Supreme Court

Read the habeas action by clicking here

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. 

Alahverdian meets with Ohio Senate leader to discuss legislative reform May 2, 2013 COLUMBUS, Oh. — Nicholas Alahverdian, lobbyist and judicial reform advocate, met with members of the Office of the Senate Majority Whip today to discuss legislative ideas that will work to ensure that constitutional rights of Ohioans are protected if they are accused of a serious crime.  Alahverdian and legislative aides of Senate Majority Whip Larry Obhof’s office met to discuss ideas to reform the Ohio Revised Code. Included in the talks were retooling the statutes so that people accused of misdemeanor sex crimes are ensured a jury trial, regardless of any Ohio Rule of Criminal Procedure contrary to the same.  Another issue discussed was rewording the statute on post-conviction relief petitions so that they extend to municipal court defendants as well. Currently, only those in state courts are afforded the right to file post-conviction relief petitions.  “City judges like Carl Henderson should stick to what they know - how to give traffic tickets and sentence people for petty crimes,” said Alahverdian. “These bills aim to protect Ohioans and their constitutional rights from city judges who seek to strong-arm the judicial process even though they lack patent and unambiguous jurisdiction.”  “Municipal Court judges are ill-equipped to deal with complex criminal charges,” he continued. “My goal is to ensure that convictions in the Ohio judicial system will be reached in a proper fashion substantiated by tangible, palpable evidence and testimony.”  Alahverdian’s lobbying efforts come as he fights Henderson in federal court, claiming that Henderson deprived Alahverdian of his right to a jury trial and also told him to “shut up” each time he demanded to testify. The trial roots from an allegation made after he shared a kiss with Sinclair Community College student Mary Grebinski in a hallway. When her then-boyfriend found out, she went to the police three hours later and fabricated a story in which Alahverdian allegedly held her up against the wall, masturbated, and ejaculated all over the wall. No evidence was ever found.  Alahverdian was not permitted to speak in his own defense and was convicted based on no evidence except complainant Mary Grebinski’s statement, which she admitted that she perjured.  A Sinclair police officer, Kenneth Quatman, later testified only that Alahverdian had “agreed with” what Grebinski said, even though Alahverdian never confessed to anything but kissing Grebinski, was never read his Miranda rights, and was never told he was under arrest.  Quatman was also fired by the Dayton Police Department for exhibiting conduct unbecoming of a police officer and lying in an official capacity. Those facts, which the U.S. Supreme Court has held as evidence probative of a government witness’s credibility in Brady v. Maryland, needed to be disclosed to Alahverdian’s trial counsel, but never were.  “My trial was unfair and full of errors,” said Alahverdian. “We live in the United States; we are entitled to a jury trial if we are accused of a serious crime.” Alahverdian vowed earlier this week that his “fight won’t stop until innocence is proven and justice prevails.” This meeting with members of the Ohio Senate comes after Alahverdian filed suit against Grebinski and her boyfriend earlier this week in U.S. District Court, alleging threats that were made on the Internet following his filing of a civil suit earlier this month. Columbus attorney Eric J. Allen is set to file a habeas corpus action in the Ohio Supreme Court by the end of the court’s business day today.  Related articles Alahverdian vows fight won’t stop until “innocence is proven and justice prevails” (daytonmunicipalcourt.wordpress.com) Alahverdian vows fight won’t stop until “innocence is proven and justice prevails” (nalahverdian.wordpress.com) Evidence Found Verifying Sinclair Police Officer’s 2004 Firing from the Dayton Police Department (nalahverdian.wordpress.com) RI man fights sex charges in Ohio (wpri.com) Statement by Nicholas Alahverdian at a Press Conference Regarding Corruption in the Dayton Municipal Court (nalahverdian.wordpress.com)
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Alahverdian meets with Ohio Senate leader to discuss legislative reform

May 2, 2013

COLUMBUS, Oh. — Nicholas Alahverdian, lobbyist and judicial reform advocate, met with members of the Office of the Senate Majority Whip today to discuss legislative ideas that will work to ensure that constitutional rights of Ohioans are protected if they are accused of a serious crime. 

Alahverdian and legislative aides of Senate Majority Whip Larry Obhof’s office met to discuss ideas to reform the Ohio Revised Code. Included in the talks were retooling the statutes so that people accused of misdemeanor sex crimes are ensured a jury trial, regardless of any Ohio Rule of Criminal Procedure contrary to the same. 

Another issue discussed was rewording the statute on post-conviction relief petitions so that they extend to municipal court defendants as well. Currently, only those in state courts are afforded the right to file post-conviction relief petitions. 

“City judges like Carl Henderson should stick to what they know - how to give traffic tickets and sentence people for petty crimes,” said Alahverdian. “These bills aim to protect Ohioans and their constitutional rights from city judges who seek to strong-arm the judicial process even though they lack patent and unambiguous jurisdiction.” 

“Municipal Court judges are ill-equipped to deal with complex criminal charges,” he continued. “My goal is to ensure that convictions in the Ohio judicial system will be reached in a proper fashion substantiated by tangible, palpable evidence and testimony.” 

Alahverdian’s lobbying efforts come as he fights Henderson in federal court, claiming that Henderson deprived Alahverdian of his right to a jury trial and also told him to “shut up” each time he demanded to testify. The trial roots from an allegation made after he shared a kiss with Sinclair Community College student Mary Grebinski in a hallway. When her then-boyfriend found out, she went to the police three hours later and fabricated a story in which Alahverdian allegedly held her up against the wall, masturbated, and ejaculated all over the wall. No evidence was ever found. 

Alahverdian was not permitted to speak in his own defense and was convicted based on no evidence except complainant Mary Grebinski’s statement, which she admitted that she perjured. 

A Sinclair police officer, Kenneth Quatman, later testified only that Alahverdian had “agreed with” what Grebinski said, even though Alahverdian never confessed to anything but kissing Grebinski, was never read his Miranda rights, and was never told he was under arrest. 

Quatman was also fired by the Dayton Police Department for exhibiting conduct unbecoming of a police officer and lying in an official capacity. Those facts, which the U.S. Supreme Court has held as evidence probative of a government witness’s credibility in Brady v. Maryland, needed to be disclosed to Alahverdian’s trial counsel, but never were. 

“My trial was unfair and full of errors,” said Alahverdian. “We live in the United States; we are entitled to a jury trial if we are accused of a serious crime.” Alahverdian vowed earlier this week that his “fight won’t stop until innocence is proven and justice prevails.”

This meeting with members of the Ohio Senate comes after Alahverdian filed suit against Grebinski and her boyfriend earlier this week in U.S. District Court, alleging threats that were made on the Internet following his filing of a civil suit earlier this month. 

Columbus attorney Eric J. Allen is set to file a habeas corpus action in the Ohio Supreme Court by the end of the court’s business day today. 

Related articles

Alahverdian vows fight won’t stop until “innocence is proven and justice prevails”

May 1, 2013

DAYTON, Oh. — Judicial reform advocate Nicholas Alahverdian is continuing his fight against Dayton Municipal Court Judge Carl S. Henderson, Mary Grebinski, and others as he works to exonerate himself from false, unproven allegations by Grebinski. He also announced plans to create the Ohio Justice Institute, a dynamic think tank devoted to reforming the Ohio judicial system through town hall-style meetings and intensive lobbying and legislative advocacy efforts. 

“I will not be held hostage to Carl Henderson’s unjust attempt to force me into accepting an inequitable conviction that he reached through un-American and unconstitutional methods,” said Alahverdian. “This is the United States of America. Here, our people are entitled to a jury trial if they are accused of a serious crime. We get effective assistance of counsel. We convict individuals based on tangible, palpable evidence and testimony. None of that happened for me.” 

Alahverdian was convicted during a bench trial before Henderson in 2008 after Sinclair Community College student Mary Grebinski falsely accused Alahverdian of holding her up against a wall and masturbating after her then-boyfriend found out they shared a kiss in a hallway. Grebinski later admitted during the trial to perjuring her initial police statement, falsely stating that she did not know Alahverdian and did not set up a date with him. She did not go to the police until three hours after she last saw Alahverdian. Her written police statement differed substantially from what she testified during the trial.

There was no evidence found that any masturbation or ejaculation took place, and nothing corroborated Grebinski’s various versions of the accusations. Sinclair Police Officer Kenneth Quatman, the only individual other than Grebinski to testify during the bench trial, falsely claimed that Alahverdian “agreed” with what Grebinski said, although no record of that agreement (written, audio, or video) exists. She also claimed that “semen was all over the wall,” but none was ever found. 

Alahverdian maintains that he did not agree with Grebinski or confess to anything. When he asked Quatman if he could submit a written statement, Quatman refused. Additionally, no recording or verified documentation of the interview or “confession” exists. He was also never read his Miranda rights. Thus, the only evidence that was admitted that led to Henderson convicting Alahverdian consisted of Grebinski’s testimony and Quatman’s reiteration of what Grebinski said, in violation of Ohio Revised Code 2907.06(b). That statute holds that “no person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.” 

Quatman, before being hired by the Sinclair Police Department, was fired by the Dayton Police Department for exhibiting dishonest behavior and violating city ordinances. The Dayton city attorney’s office was mandated to disclose Quatman’s firing to Alahverdian’s public defender prior to the trial under the U.S. Supreme Court Decision Brady v. Maryland, but failed to do so. 

Each time Alahverdian tried assert his right to testify in his own defense or dismiss his public defender, who conducted no discovery or interviews regarding the case, Henderson told him to “shut up” or “shhhhh.” Alahverdian was also deprived of a jury trial, which he demanded in writing over a month before the bench trial, in violation of the sixth amendment to the Constitution. Ohio law requires a written waiver of a jury trial. 

Alahverdian says that citizens of Dayton need to be aware of what went on in Henderson’s courtroom. “Henderson’s rogue behavior harms the integrity of the judicial system and it flies in the face of the constitution,” he said. “How can an elected judge completely condone the nucleus of American jurisprudence?”

“These individuals who perpetrated this gross miscarriage of justice will come to rue the day because justice will be handed down by the United States Courts, and if necessary, the circuit court of appeals and the United States Supreme Court,” he continued. “The next Dayton Municipal Court election cycle will be historic - I will personally see to it that a qualified candidate, be it from the democratic party or the republican party - opposes Henderson so that we can spark judicial reform beginning right here in Dayton.” 

Eric J. Allen, a Columbus attorney experienced in habeas corpus matters, has been retained by Alahverdian to file the action before the end of the week. 

According to the website of the Ohio Justice Institute, its mission is to “spark statewide judicial reform by ensuring that each Ohioan’s constitutional rights are protected through executive, legislative, and judicial lobbying efforts.”

Alahverdian also filed suit this week in United States District Court against Grebinski and Nathan Lanning for threats posted on their websites after the lawsuit against the Dayton Municipal Court was filed less than a month earlier. Earlier this week United States Magistrate Judge Michael R. Merz granted Alahverdian’s motion to proceed and the case is now active on the federal docket.

Alahverdian’s other 139-page complaint filed in federal court is still pending review by the U.S. District Court. The claims in the suit against the municipal court and others involve legal malpractice, malicious prosecution, medical malpractice by court-appointed doctors, and running a racketeer-influenced corrupt organization (RICO). 

The RICO charge is a result of the firings and misconduct perpetrated by court and probation employees, including the 2012 guilty plea of Dayton Municipal Court Probation Officer Douglas Lowe for stealing over $90,000 in probationers’ fees. Another Dayton Municipal Court probation officer, Jennifer Osborne Alfaro, attempted to extort thousands of dollars from Alahverdian for “treatment” by David Henry Roush, Psy.D. before he would be permitted to travel to New England for a settlement conference in the U.S. District Court case Alahverdian v. Rhode Island Department of Children, Youth and Families. His presence was ordered by United States District Court Judge John J. McConnell, Jr. 

That case stems from Alahverdian’s time in foster care, following his employment with the Rhode Island House of Representatives at age 14. When Alahverdian began to show up at the Rhode Island State House covered in bruises and cuts, state representatives and senators began to inquire the Department of Children, Youth and Families about the abuse. Following media exposure of the unlawful practices, Alahverdian was sent to facilities in two other states where the abuse continued and he was prevented from contacting anyone - legislators, lawyers, courts, the media - to rescue him from the abuse he suffered. The two out-of-state placements were later shut down for abuse and negligence by their respective state regulators.