Court postpones sentencing of Akasha as family pleads for mercy

The Akasha crime family will have to wait longer for sentencing of Baktash Ibrahim Akasha, incarcerated in the United States, after this was yesterday postponed for a second time.

In requesting postponement, Baktash’s lawyer put forth a request that if taken into consideration might result in him getting a lenient sentence as a result of a number of factors including the reoffering of a plea deal that had been offered and which expired without the accused’s knowledge.

“It is incumbent upon the undersigned to inform the court that Mr Abdalla (Baktash) was not advised by prior attorney regarding a pela offer by government,” his lawyer George Goltzer says in a letter to the United States District Judge Victor Marrero before whom Baktash’s case is being heard.

“Baktash was only provided with the formal plea offer by mail on September 13, 2018 after the offer had expired. It also appears that Baktash was advised that his only option to avoid a life sentence was to proceed to trial. These circumstances, if true, consist a violation of Baktash’s right to effective assistance of counsel,” his lawyer says.

A trail of emails communication between Baktash and his first lawyer Chris Cassar in our possession indicate Baktash’s lawyer kept crucial details of the case from him.

“In view of the stated facts and the reality that few defendants have documentary or other evidence that their attorneys did not tell them of a plea offer or give them incorrect advice- we respectfully request that the court address Baktash’s claim,” the lawyer says. “For reasons stated above we, request that he court order that the government be directed to re-offer the August 29, 2018 plea offer to Baktash or to conduct a hearing on the matter.”

A sentencing and mitigation specialist, contracted by Baktash’s law firm has also written to the court alleging that the circumstances that surround the case should qualify the accused to a sentence closer to the minimum ten year incarceration period than to the maximum life sentence.

“The totality of the circumstances of Baktash’s personal and family background, cultural influences, including the long history of corruption he was surrounded by in Kenya, and mitigating circumstances surrounding the offense, bring this case out of the heartland  of drug trafficking cases and warrant an individualised sentence that takes these variables into account and arrives at a sentence far below the recommended life sentence and closer to the ten year mandatory minimum,” an April 4 letter from a sentencing and mitigation specialist Kathleen O’Boyle to Senior Judge Victor Marrero reads.

Written submissions

The specialist was contracted by Baktash’s current lawyer, Goltzer.

These requests come on the backdrop of written submissions from members of the Akasha family as well as employees of the family and friends, pleading with the court to show leniency to Baktash.

“I worry about my health and that of my mother and my siblings… their lives have turned for the worse…we are currently on our own. Most family members have deserted us and stigma has made it difficult to keep any friends so we just stay in the house,” Baktash’s first born daughter Bahar says.

Her brother Abdulrahman, 14, says he misses playing football with his father. “His absence has really affected me,” he says.

His grandmother Habiba has also submitted her plea to the court. “I kindly beg you dear judge Marrero to please have mercy on my grandchildren and let them come home to help.”

Najma, Baktash’s wife says she hopes the court will show mercy to her husband. “I have suffered a lot with my children since my husband was arrested and I see my children being affected negatively…I painfully had to marry off three of our daughters because it got hard taking care of them… forgive my husband and bring him back to me,” she says.

There might be some respite for the family though. Although the US government acknowledges that the family amassed millions of dollars as profits from the drugs trade, it will not be going after the money.

Hearings on the new evidence presented in court will be done on July 26 at 1pm before Judge Victor Marrero.