Justice For Rifat

The Plea Bargain and Deception

Well, it's a system that's designed to keep the truth from coming out. We
don't care enough in the American criminal justice system to listen to the defendant's story. We do everything possible to avoid having an impartial party sit there and hear both sides and decide who's telling the truth.

We have a system that makes the defendant half guilty. There's a 50 percent chance that he'll be convicted at trial. Let's give him 50 percent of the sentence he would have if he were really guilty, so it's half guilty.

That's what I think the public doesn't like about plea bargaining. Most people think that either he did the crime or he didn't, and if he did the crime, you should give him the sentence that an honest-to-God criminal should receive. And if he didn't, he shouldn't be punished at all. Or even if he did it but you can't prove it beyond a reasonable doubt, he shouldn't be punished at all.

[The plea bargaining system is] inconsistent with the law that we apply to waivers of other rights. What do you suppose would happen if a prosecutor said to a defendant, "Well, you can exercise your right to be represented by a lawyer. But if you're convicted with a lawyer representing you, we'll give you 10 years, and if you represent yourself, we'll give you five."

If the guy waives his right to a lawyer, would you consider that a voluntary waiver? What if they offer him a lighter sentence if he agrees not to challenge the racial composition of the jury or agrees not to cross-examine the witnesses against him? Nobody would regard a waiver of those rights as voluntary, and yet somehow we put on blinders and permit a bargaining for a guilty plea that waives all of those rights and more.

Guilty pleas have increased in recent years partly because sentences have become so draconian. We now have mandatory minimum sentences. We have sentencing guidelines that are very tough, and it's like a good cop/bad cop strategy for police interrogation. The sentencing commission is the bad cop. We're going to be really tough, and the prosecutor then becomes the good cop, "Hey, I can protect you from that bad old sentencing commission, but only if you cooperate with me." So you get tremendous leverage.

We've imposed these guidelines because we don't trust judges. We don't think the judges will exercise discretion properly. But all we've done is transfer the discretion from the judge to the prosecutor. Judges don't sentence defendants in America today. One offender says, "You know, the judge is just put up there. He's supposed to be the head of the show, but he ain't nothing. The head of the show is the prosecutor." Another defendant says, "You know, the prosecutor is the man who gives you the time," and that's the truth in American criminal justice system. And the tougher the sentences that are threatened after trial, the more leverage the prosecutor has to induce a plea of guilty.

Which comes first, the tough sentences, or are the sentences designed with the plea bargaining system in mind? I think that the sentences are probably designed with the plea bargaining system in mind. I don't know that it's a conscious, calculated process. But the overwhelming majority of defenders plead guilty. You don't want to give inadequate sentences to the vast majority of offenders. So I think that the sentences given to defendants who plead guilty are probably about what they would be in a system without any plea bargaining at all. The sentences given to people who stand trial are harsher, but there's no way to prove that.
The notion that people are innocent until proven guilty is an idea about how we conduct trials. If a defendant goes to trial, they have a lot of procedural protections. They have a right to a lawyer. They have the right to call witnesses and cross-examine witnesses. They have the right to a trial by jury. And the jury's instructed that you cannot find the defendant guilty unless you find beyond a reasonable doubt that they committed a crime. That's our system.

But that's a system that's all premised on trials. And in most cases people don't go to trial, they plead guilty.



This is my Rifat's story and please read with a open heart and clear mind. You can see that their wasn't any justice for a quick verdict.

THE PLEA THAT WAS ENTERED THROUGH DECEPTION, TRICKERY, AND LIES

Dear Perspective Friends or Supporters,

This appeal is from a young man who was 18 year old at the time he made a bad choice in life. My name is Rifat A. Abuhilwa. I am currently serving 27 years to life at the Toledo Correctional Center Institution in Toledo, Ohio. I am currently 30 years old (DOB 10-29-74). I have been in prison since 1993.

On June 2, 1993, I was secretly indicted by a Summit County Grand Jury on : One (1) count of Aggravated Murder (R.C. Section 2903.01 (b) with Aggravated Circumstances and Firearm Specification: two (2) counts of Aggravated Robbery (R.C. Section 2911.01 (A) (1), with Firearm Specification: One (1) count of Carrying Concealed Weapon (R.C. Section 2923.12, One (1) count of Possession of Criminal Tolls (R.C. Section 2923.24) and two (2) counts of Having a Weapon While Under Disability (R.C. Section 2923.13 (A) (2).

My conviction for Aggravated Murder was a result of Ineffective Assistance of Counsel. My Aggravated Murder conviction was supposed to be reduced to involuntary manslaughter based on the facts, evidence and the record in this case does not establish that I purposely cause the death of the victim. But rather, the police reports, the statement given to the police, my co-defendants affidavit, and the plea transcript proceedings all show that this is a case that, at most, cause the death of another as proximate result of committing or attempting to commit a felony in violation of Ohio Revised Code Section 2903.04. I am actually innocent of aggravated murder under Ohio law as defined in R.C. Section 2903.01 (b).

Secondly, my trial judge sentenced me to two (2) Firearm Specifications, which is in violation of R.C. Section 2929.71 (B), because both offenses (Agg. Robbery and Agg. Murder) were done as the same-act or transaction. The Ohio Revised Code Section 2929.71 (B) provides in pertinent part to the following:

If any of the felonies were committed as part of the same act ir transaction, only one three-year term actual incarceration shall be imposed for those offenses.
Note: This statue has been changed to different statue.

The charges against me stemmed from a shooting that took place during a robbery at Mikes Drive and resulted in Robert L. Hunts death. The shooting was done by my co-defendant (Dusten L. Might) due the fact Mr. Hunt came at my co-defendant with a baseball bat. Mr, Hunt was a customer who interrupted the robbery. I never thought for a instance that my co-defendant would shoot anyone.

In subsequent pleas bargain, on October 12, 1993, I entered a plea of guilty to one (1) count of Aggravated Murder, two (2) counts of Aggravated, and one (10 count of carrying concealed weapon with firearm specification accompanying each count. The Aggravated Robbery counts were run concurrently with each other and consecutive to Aggravated Murder. The firearm specification sentence are to be served consecutive from all charges.
Prior to the plea, my attorneys told me that the state agreed to run all the charges concurrent if I would plead guilty, The prosecutor and defense counsel outlines the plea bargain. I rejected the states initial plea bargain offer and demanded a jury trial. Right before the trial on the same date, after being pressured, badgered and tricked, I agreed to enter a plea bargain of guilty. The prosecutor outlined a proposed resolution, which was not what my attorneys had told me would be offered. After inquiring about the plea bargain with my attorney, they suggested that I just stay quiet and continue with the proceedings. Trusting my lawyers, I did what was suggested by them. In return for my plea, the state dismissed the death penalty specification because the evidence showed that Dusten Might (co-defendant) and not me was in fact the person who actually shot Mr. Hunt. In the plea hearing, the assistant prosecuting attorney stated that.

If that is done, I am going to recommend that Specification 1, which is the specification of aggravating circumstances be dismissed. This is being done because the evidence in the case shows that Dusten Might and not Mr. Abuhilwa was the person who actually shot Robert Hunt. Emphasis added

But the court didnt run my aggravated robbery charges concurrent with my aggravated murder charge as was promised by my attorneys. After informing me of my rights, the trial judge, without any explanation of the charge of aggravated murder, accepted a plea of guilty from me without me admitting that I specifically intended to cause the death of Robert Hunt.

There were people who knew of the circumstances that lead up to the murder of Robert L. Hunt, and did nothing to prevent this lengthy sentence filled with deception, trickery and lies. Similarly, no one among all the departments and personnel handling the case, custody, interrogation, arrest and indictment of my case acted to protest the adequate justice of America.

One person with integrity and courage operating in that system of hundreds could have prevented the abuse of my plea agreement. Instead, it was a political free fall! The facts of my case were distorted by politicians. We must become more vigilant in preventing abuse by the justice system.

I was charged in the death of Robert L. Hunt with capital murder specifications. Just months before I was scheduled to go to trial, I was profiled all over the media (t.v., newspapers, radio, talk shows, etc) and pronounced guilty in televised news conferences. The media, without any investigation, headlined me as guilty as charged for six months, obliterating any possibility of a fair trial.

During my confinement in the Summit County Jai, I was lied to and threatened by my attorneys. Also, I was beaten by a few Deputy Sheriffs that had interest in my case. They also denied me judicial rights to a fair trial during this deceptively situation called justice. Eventually, I was threateningly coerced into pleading guilty to Aggravated Murder Charges, which they failed to:

1. Ensure that I understood the elements of Aggravated Murder Charges
2. Ascertain a guilty plea legally through a legal process by abiding by my Constitutional Rights
3. Sentence me by a three panel judge as required by Ohio Law
4. Sentence me to three years of gun specification, instead the judge imposed a six year sentence, which is contrary to Ohio Law

By all accounts, my sentence and plea was immoral, illegal and inadmissible as law and yet it was upheld by the justice system.

Simply I was denied a defense and my Constitutional safe guards.

The judge, prosecutors and defense councils in this matter failed to obey Ohio Law, Ohio Constitution, United States Constitution and their Code of Ethics that are all supposed to uphold in office as public officials which is designed to protect my rights as American Citizen. They colluded with each other to imprison me for life purely for political reasons. By giving me life and making out to be the dangerous person in the world, my judge got media attention and right-before-election proof she was indeed tough on crime. The police got to close another case without the effort or cost. The prosecutors got both and easy win for their resumes and a chance to exercise the eagerly-awaited power that they abuse in most of their prosecution cases, enabling them to imprison me for life.

I received 27 years to life with a parole board date May of 2020. Please help me receive a second chance at life and bring hope for a lighter sentence by signing the petition attached to my webs site page. I know I made a bad choice of committing a robbery but I was very young, stupid and ignorant to life. I have learned a great deal about life and the importance of being positive and productive to the community in which I very much want to be a member of and participate in keeping troubled kids from heading down the same path I did. When I was younger Ive made many mistakes, we all have, if youll agree. Its just some mistakes are more severe than orders, and indeed I am remorseful of the wrong choices Ive made that has affected others in a negative way.

I regret my actions whole heartily and seek a second chance to live my life by making a difference. I live for the victim everyday, because a day doesnt go by that I dont think about the victims in my case (not just for the deceased victim, but all the victims involved in my case). There are days where I wish I could take the victims place and bring him back. Even though I didnt pull the trigger my bad choice of being involved in the robbery landed me in prison. The truth is, I will live with this crime forever until my last breath leaves my body as the victims did. Only the wisdom and regret that came to late.

Please write me if you wold like to help me obtain a lighter sentence or sign my petition. What I want my words to do to you is touch you like never before, not to feel sorry for me, but to listen and act. I would gratefully appreciated any assistance you can provide!

Why you should be concerned

Our justice system is specifically designed to protect citizens from:

Arrest and conviction based on expedience, prejudice and political motivations by infringing upon the rights of the accused

Unfair, deception, lies, coercion and abuse of power

Obviously, the goals of our justice system are not always met but did you know that the legal safeguards we so highly value and trust are increasingly being violated. For those with loved ones, the travesty of the case against Rifat Abuhilwa literally means that the police can arrest and accuse your loved ones of a horrendous crime, deliberately and illegally obtain agreement through lies, threats and bullying, denying them full notification of the charge against them and its consequences, completely slander their reputation, as well as the entire family, and put them away for life or moreby ignoring the State, Federal and Constitutional Laws.

By any other name, this is judicial abuse by our justice system and although this is not supposed to happen in America, it did and it could happen to you or one of your loved ones.

The Illicit Plea

With no prior knowledge of any law, any defense, any understanding of the charges, I was taken advantage of.

How Voluntary Was It

Rifat Abuhilwas was only 18 years old with only a GED and our laws are specifically geared to protect the vulnerable, unknowledgeable human beings for eliciting illegal pleas. Yo achieve that, Ohio law requires the attorneys and judges to explain to the accused his rights, to explain the charges against them and the consequences thereof.

Could your loved ones have fared better during a plea filled with trickery, deception, and lies. This horrible, illegal and immoral plea agreement and there are many other cases like Rifat Abuhilwass out there in America. (Log on to Frontline, they just did a special documentary on plea agreements. Frontlines story is titled The Plea. Sooner or later, the injustice must stop, the justice system is playing with human lives and wasting tax payers money for political gain having no regard for human lives. After Rifat Abulilwa was sentenced, he immediately appealed his case through the State and Federal Courts, and was denied, because he was a Pro Se litigant. Through my experience in the justice systemIve learned the only Justice Is In The Halls Of Justice.

Pleading For Help And a Chance

Other than the offense I am confined for, I have maintained a productive life, without any participation in criminal activity. This present situation and the unfortunate circumstances which resulted in my confinements in prison has changed the course of my life forever. I am extremely remorseful for the events and I have taken full responsibility for my actions.

Further, I have taken preventative measures to endure that circumstance such as the crime that resulted in my confinement in prison has changed the course of my life forever. I am extremely remorseful for the events and I have taken full responsibility for my actions.

Further, I have taken preventative measures to ensure that circumstances such as the crime that resulted in my confinement will not recur nor will I revert to any involvement in criminal activity once I am given the opportunity to be reinstated into society.

I have clearly learned my lesson and the importance of being a productive law abiding citizen from the punishment enforced against me for it has rehabilitated me. I also learned the importance of self improvement being a essential basis for inner growth and future development. This will allow to refrain from resorting to any criminal activity whatsoever.

The impact of this case has had a tremendous effect upon my family and everyone involved. Most importantly I submit that I have experienced a spiritual awakening in which I have deepened my relationship with God. I have focused on conducting myself in a responsible, productive and moral fashion. This undoubtedly will reflect on my role in society as well and will the anchor that secures me regardless of what difficulties I may face in life.

I am proud to say I have a documented pattern of my rehabilitation process and since my incarceration I have diligently pursued educational opportunities. I have maintained and been actively involves in various job assignments within the institutions, completed two Paralegal Training Programs through mail correspondence. I financed my own education without public assistance and completed a bible study course with American Bible Institute and currently taking another Bible study course with American Bible Academy. In addition, Ive completed several hundred community services hours by workbook collating for Sherman Elementary, Bulk Mailing for city of Toledo, Composing Journals for Colombus Afrocentric School, Activity Preparation Ohio Read, Toledo Human Society Rescue Dog Program, Composing Flip Cards for Crayons 2 Computers and completing a Dog Training Program (which I am a certified dog trainer now). However, I am currently a dog trainer for Camp K9 here at Toledo Correctional Institution and I have completed a Fatherhood Parenting Program, Understanding Your Crime Program and Tutoring Program (which I am a certified tutor).

However, I am currently on a waiting list for Victims Awareness Program and a Computer Vocational Class.

Simply, by asking me what I have learned from a bad situation that I have changed my attitude. Instead, I have took control by choosing to make the situation the servant of my education. It has served my needs to grow in self-awareness and the entire ordeal has become the stumbling block to further myself in life to be the best person I can be.

Hopefully, you will seriously consider signing my petition to give me a chance to live a productive law abiding life. Please consider that your help may affect my fate and I feel I have meritorious need for someone like you to help me with my chance at life before my parole date May of 2020. I truly believe that I can offer society more now than ever, and I plan to do so, I need a chance to prove to you and to everyone else that I am a mature and changed man and would like to pursue a career as a paralegal.

I ask that you respond to me as a person rather than as a statistic, obstacle or a monster. In many ways out whole lives are struggles to become more like humans, in the rehabilitation ageprison are places where that struggle is often denied.

Heartfelt thanks for your efforts. Please consider that my life is on the line here and in judging all of the above, any assistance from you would be highly appreciated.

If you would like to contact me for any reason or for more information, please write to the following address:

Rifat A. Abuhilwa
No. A-283-108
Unit B2-2
2001 East Central Avenue
Toledo, Ohio 43608