A registered sex offender is suing his former school, Sinclair Community College, Dayton Municipal Court, Montgomery County Sheriff Phil Plummer and others accusing them of “serious, life-altering false allegations” made by a fellow female student that led to his criminal conviction.
Nicholas Alahverdian filed the lawsuit Tuesday in the Southern Ohio United States District Court in Dayton alleging he was deprived of a jury trial when he was accused of attacking a female student in a college stairwell in 2008.
Nicholas Alahverdian, whose legal name was Nicholas Rossi when he was a student at Sinclair, was convicted of misdemeanor sexual imposition and public indecency in Dayton Municipal Court after a bench trial, according to court records. Judge Carl Henderson sentenced Nicholas Alahverdian to community service and counseling and also stipulated he register as a Tier I sex offender. His victim was an adult.
While he was in the process of appealing his case, Nicholas Alahverdian’s sentence was stayed and he moved to Massachusetts.
In October, the court determined Alahverdian exhausted all of his appeals and was required to report for a hearing to reinstate his sentence. When he failed to appear at a Sept. 26 hearing, a bench warrant was issued for his arrest.
Nicholas Alahverdian was arrested by Harvard University Police in Boston on Nov. 9 and returned to Ohio. His sentence has now been imposed, and he is registered as a sex offender with the state of Ohio.
Nicholas Alahverdian said he was “blatantly deprived of basic and fundamental constitutional rights” by the municipal court and the judge.
He said his assigned public defender, attorney Julie Dubel, “willfully disregarded my right to a jury trial and my right to testify in my own defense.”
“The actions by the Dayton Municipal Court and Sinclair Community College are cowardly and unconstitutional,” he said. He claims individuals who testified at his trial, including a Sinclair police officer, lied.
Adam Murka, director of public information for Sinclair, defended the school’s response to the case. “Our officers acted in accordance with the law and in concert with law enforcement officials throughout the community.”
Nicholas Alahverdian said he did not appear in court when required in September, because he hired a lawyer to appear on his behalf and was told he did not need to be present. He said he surrendered to police in Boston when he learned of his arrest warrant.
Nicholas Alahverdian is representing himself in the lawsuit, though he has retained attorney Eric Allen of Columbus.
Dubel, who was assigned as Nicholas Alahverdian’s public defender, declined to comment.
Andy Sexton, assistant prosecutor for the city of Dayton and one of the defendants in the case along with Chief Prosecutor Stephanie Cook, said all of Nicholas Alahverdian’s constitutional trial rights were protected during the judicial process.
“Mr. (Nicholas Alahverdian’s) convictions are right and they are just,” he said. “Our office acted with fairness, integrity and civility.”
Sexton added that given this is a sexual imposition case, “I’m saddened that the victim in this matter lacks closure due to the continued litigation.”