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. Click here to read the lawsuit. (Civil lawsuit on hold while Alahverdian’s legal team focuses its efforts on exoneration.)
“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 disregard 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. The case that Alahverdian had to travel to Rhode Island for stems from his 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.
- RI man fights sex charges in Ohio (wpri.com)
- Alahverdian reaffirms commitment to fighting Mary Grebinski’s false allegations on Independence Day (alahverdian.com)
- Columbus Attorney Eric J. Allen Files Habeas Action on Behalf of Alahverdian in the Supreme Court of Ohio, Corrupt Dayton Judge Carl Henderson and Chief Probation Officer Joel Zeugner Named As Respondents (alahverdian.com)
- Nick Alahverdian: Statement on the Ohio Case (providencejournal.wordpress.com)
- What people say about Nicholas Alahverdian: Rudy Cheeks (alahverdian.com)
Tagged: carl henderson, corruption, Dayton Municipal Court, jennifer lynn osborne, jennifer osborne alfaro, jennifer osborne dayton ohio, judge carl henderson dayton ohio, Mary Grebinski, nathan lanning, Nicholas Alahverdian, nick alahverdian