[Deathpenalty] death penalty news----OHIO

[Rick Halperin]

Dec. 3




OHIO:

Delay sought in trial for accused arsonist----2 Toledo firefighters killed in 
2014 blaze


Defense attorneys for the Oregon man accused of setting a fire that killed two 
Toledo firefighters in 2014 are seeking to have his trial on capital murder 
charges postponed.

Ray Abou-Arab, 63, is now to go to trial Feb. 6 in Lucas County Common Pleas 
Court on two counts of aggravated murder, each with death penalty 
specifications; two counts of murder, eight counts of aggravated arson, and one 
count of tampering with evidence for allegedly setting a Jan. 26, 2014, fire at 
a Magnolia Street building he owned.

The fire resulted in the deaths of Toledo Fire Pvts. Stephen Machcinski, 42, 
and James Dickman, 31.

In a motion filed Thursday, attorneys Pete Rost and Sam Kaplan said they do not 
have sufficient time to “adequately investigate, prepare and present evidence 
in the mitigation phase of this case should it be required at the conclusion of 
the initial trial phase.”

In a death penalty case, a trial that results in a conviction is followed by a 
sentencing phase in which defense attorneys provide mitigating evidence, or 
reasons, why the defendant should not receive a death sentence.

Mr. Abou-Arab’s attorneys said the mitigation specialist they have hired 
informed them it was “entirely unrealistic” to complete all that needs to be 
done by February.

“The defendant’s early, formative years were outside the United States,” the 
motion states. “Defendant’s English language skills are limited to a degree. A 
number of potential witnesses do not speak English as a first language.”

Further, the motion contends, some historical records may be in Arabic rather 
than English.

“And, the psychological assessment and testing is complicated due to the 
difference in culture and language such that counsel is seeking the assistance 
of a professional in that discipline who is fluent in defendant’s first 
language and with defendant’s cultural background,” the motion states.

Mr. Abou-Arab is scheduled for a pretrial and motion hearing Tuesday before 
Judge Stacy Cook. At that time, arguments also are expected to be held on Mr. 
Abou-Arab’s motion to modify his $5.85 million bond. Prosecutors are opposing 
that motion.

A gag order in the case prevented attorneys on both sides from commenting.

(source: Toledo Blade)