(WKBN) – A former Ohio doctor serving time in prison for sex trafficking wants his conviction thrown out.
Albert Aiad-Toss, acting as his own attorney, filed a motion Thursday in U.S. District Court for the Northern District of Ohio asking that his conviction be overturned.
In the motion, he said that he had ineffective counsel, the judge did not consider a lighter sentence based on his mental health and that his objections to a presentence report were not considered at his sentencing.
According to court documents, Aiad-Toss said that he was coerced by his attorney to accept a plea deal in the case. He said that he changed his mind about a plea deal with his first attorney and then that attorney withdrew from the case.
Aiad-Toss then acted as his own attorney for short time but then decided to go with court-appointed counsel who he said forced him to take a plea and threatened to “do nothing,” if the case went to trial, the motion said.
Aiad-Toss also said that he objected to some factual findings in a pre-sentencing report that were not considered and that this attorney never requested what is called “downward departure” at sentencing, which allows for a lighter sentence to be imposed based on extenuating circumstances.
Federal prosecutors have 30 days to respond to the motion.
Aiad-Toss appealed his conviction to the Sixth District Court of Appeals, but the case was dismissed in March. He filed an appeal to the U.S. Supreme Court on June 14.
The Supreme Court will make a decision on whether to hear the case on Sept. 28, 2022.
According to court records, Aiad-Toss enticed three victims, at least one who was as young as 12 years old, into performing “commercial sex acts,” and forced a 15-year-old to perform a sex act on him.
Police arrested Aiad-Toss at an airport in Florida in July 2019 as he was returning from a trip to Peru.
He pleaded guilty to eight charges of sex trafficking and production of child pornography in February 2021 and was sentenced to 22 years in prison.
He once worked as an emergency room physician at Mercy Health Boardman. His medical license was indefinitely suspended in December 2019 by the Ohio State Medical Board.