In this 2006 decision, another murder conviction habeas petition involving yet another “ninja-type” motorcycle.
Case No. 5:05CV1485
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION
Decided, July 27, 2006, the opinion by Magistrate Judge David Perelman begins:
In this action in habeas corpus, 28 U.S.C. § 2254, petitioner challenges the constitutionality of his March 13, 2003 conviction pursuant to a jury trial of one count of aggravated murder with a firearm specification, upon which he is currently serving a sentence of life imprisonment for aggravated murder and three years incarceration on the firearm specification, to be served consecutively.
Petitioner’s conviction arose consequent to a love triangle, which culminated with Mr. Jeff Zack being fatally shot in the face.
The decision then quotes from the fact findings of the state appellate court review:
The key question for the jury in this case was the identity of the person who rode the motorcycle towards the victim’s automobile and fired the shot, killing him. The state sought to establish that Appellant was the assailant in several ways. First, they established that the motorcycle they were able to recover from Appellant’s ex-wife was, in fact, the motorcycle purchased by Appellant just before the murder.
Next, they produced five individuals who witnessed the motorcycle and rider on the day of the murder. The witnesses all described the motorcycle as being dark, or green and black with some white. According to these witnesses, the motorcycle was consistent with the motorcycle that was admitted into evidence, which was a “ninja-type” motorcycle. The rider was described as wearing dark clothing and a dark helmet with a face-shield.