Attorney says Hamad terminal, should be released
The brother and attorney for Nasser Hamad have told the judge in his aggravated murder case that Hamad was diagnosed in January with terminal kidney cancer and should be released from prison.
Hamad’s brother, Ahmad “Mike” Hamad, said in an affadavit that Nasser Hamad, 48, has renal cell carcinoma, and the cancer has metastasized to his lungs, making it hard for him to breathe.
“Nasser Hamad is terminally ill and is not being provided the proper medical care by the prison,” Ahmad Hamad said in the document, filed in Trumbull County Common Pleas Court. The motion asks for a hearing.
Hamad was sentenced to 36 years to life in prison in November for killing two young men and injuring three other people who came to his house near Eastwood Mall on state Route 46 in Howland Feb. 25, 2017, as part of an ongoing dispute involving Hamad’s girlfriend.
Atty. Geoffrey Oglesby of Sandusky, one of Hamad’s attorneys, filed the motion. It cited Ohio law that allows a dying prisoner to be released “as if on parole” if the inmate is in “imminent danger of death,” meaning likely to die within six months.
The filing acknowledges that Hamad is not eligible under current Ohio law for this type of release because he was convicted of aggravated murder, but Oglesby says that part of Ohio law is “unconstitutional and violates the prohibition against cruel and unusual punishment.”
Oglesby added, “To disallow compassionate release for someone terminally ill who was not given the death penalty is cruel and against the jury’s findings.”
Read more about the matter in Friday's Vindicator or on Vindy.com.