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Judge denies three motions in Nasser Hamad murder case
By Ed Runyan
WARREN
Though Nasser Hamad’s new attorneys convinced Judge Ronald Rice last month to discourage anyone from trying to pry incriminating evidence from Hamad in jail, the judge was less supportive of their latest legal efforts.
On Wednesday, the judge responded to three filings that sought to eliminate the chance Hamad could get the death penalty if convicted of killing two people and attempting to kill three others at his house on state Route 46 in Howland on Feb. 25.
The judge denied all three motions.
Hamad’s two most recently added attorneys filed motions in Trumbull County Common Pleas Court asking that Hamad not face the possibility of the death penalty.
Two motions said Ohio’s death-penalty law is unconstitutional, and the other motion said the death penalty violates international law.
The judge also refused to relocate the trial to another county, saying it’s premature to seek such a change at this point. The more-appropriate time would be when a jury is being selected.
Hamad’s attorneys also asked Judge Rice to ensure they receive every record in the possession of prosecutors that contains information favorable to Hamad’s defense, including police reports referencing purported threats by the victims in the case made to Hamad.
The judge agreed in part to the request.
Hamad’s motion cited a U.S. Supreme Court ruling that established “stringent duties” of defense attorneys in a potential death-penalty case, such as reviewing “all materials in police files which may contain possible mitigation or may suggest that a sentence of less than death is appropriate.”
Judge Rice said prosecutors acknowledged during a July 21 hearing their duty to provide pretrial evidence to Hamad’s attorneys.
“In addition, the state and counsel for the defendant shall arrange a mutually agreeable date and time for defense counsel to review the state’s file and the records of the Howland Police Department prior to” the next pretrial hearing Sept. 19. A jury trial is set for Oct. 10.
The judge said prosecutors must “provide any information regarding prior police reports involving [Hamad] to the extent the state is aware of such reports or the extent that such documents or information may be” helpful to the defense.
Beyond that, the defense must make a public-records request for documents, the judge said.
Hamad and his first attorney have argued Hamad killed or wounded the five who came to his house in self-defense. The shootings occurred after a day of Facebook taunts between Hamad and some of the five. Their feud went back months.