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Newest motions in Hamad case focus on eliminating death sentence
By Ed Runyan
WARREN
Several of the motions filed by attorneys for Nasser Hamad in his aggravated-murder case focus on reducing the chance that Hamad could get the death penalty if he’s convicted of killing two people at his Howland home in February.
Hamad, 48, of state Route 46, is charged with aggravated murder in the shooting deaths of two people and attempted aggravated murder in the wounding of three others who police say went to his house Feb. 25.
Police say Hamad shot all five after a day of Facebook taunts among Hamad and some of the victims, which caused the five to drive to his house for a fistfight.
After a fistfight between Hamad and one of the five, Hamad went into his house, got a gun, returned to the front yard and fired at the five, police said.
A recent motion by his attorneys asks that Judge Ronald Rice of Trumbull County Common Pleas Court order prosecutors to turn over any evidence they possess that is favorable to Hamad’s defense, especially that which “tends to mitigate the penalty or extenuate the circumstances of the crime.”
The filing adds that an example is “any evidence that Hamad had been threatened previously by the victims in prior incidents or that police located evidence suggesting that people on the scene carried weapons or instruments that could be used or construed as weapons.”
A separate filing asks for police reports prior to Feb. 25 that mention threats to Hamad by the victims. The filing says the reports “may suggest that a sentence of less than death is appropriate.”
A reply by prosecutors says: “It is the State’s position that any information deemed relevant by defense counsel can and should be obtained through a public records request.”
Hamad and his legal counsel have stated that Hamad acted in self-defense, though a legal expert interviewed by The Vindicator says Hamad appears to have had a duty to retreat despite the five coming onto his property.
Hamad was in court Friday for a pretrial hearing in the case. Judge Ronald Rice set another pretrial hearing for 1:30 p.m. Sept 19. Hamad’s jury trial is set for 9 a.m. Oct 10.
Three of the newest motions also argue that Ohio’s death penalty is unconstitutional and that it violates international law.
Another one argues that the Ohio law is unconstitutional in that it places the burden of proof on Hamad to establish that he acted in self-defense, even though every person accused of an offense is presumed innocent until proved guilty beyond a reasonable doubt.
Prosecutors say Hamad’s attempt to use the Second Amendment to keep and bear arms is insufficient to overturn Ohio law regarding self-defense.
Hamad has also asked for the case to be moved to another county, saying that news accounts in the case has “left little room for fact finding at trial.”
Judge Rice had not ruled on any of the new motions by the end of the day Friday.