Mosque arsonist files an argument in appeal PDF Print E-mail
Written by PETER KUEBECK Sentinel Staff Writer   
Saturday, 31 August 2013 08:35
TOLEDO - An argument has been filed supporting the appeal of convicted Islamic Center arsonist Randolph Linn.
The appellate brief was filed Wednesday in the U.S. District Sixth Circuit Court of Appeals.
Linn, 52, St. Joe, Ind., was sentenced April 16 to 20 years in prison, and $1.4 million in restitution, in the Sept. 20, 2012, arson at the Islamic Center of Greater Toledo in Perrysburg Township.
The incident caused more than $1 million in damage to the facility and rendered it unusable for months.
He was charged with federal hate crimes and gun charges and had pleaded guilty.
Linn, in the court of U.S. District Court Judge Jack Zouhary, admitted to the crime and said that he drank more than 45 beers over a seven-hour period before driving the two hours from his home to Perrysburg Township to commit the crime.
He said that he set the fire after becoming incensed over reports of Islamic extremists in the Middle East killing American soldiers.
Linn, however, later attempted to withdraw his guilty plea and his lawyer sought a competency hearing for him.
Both motions were denied.
The brief, filed by Linn's attorney, Toledo lawyer John Thebes, argues that the lower court "abused its discretion in denying (Linn's) motion for a competency evaluation" and in disallowing his withdrawal of his guilty plea.
Linn, the brief argues, "could not effectively argue the merits of the plea withdrawal motion without a psychological evaluation conducted by a trained professional not a lawyer or a judge."
The brief further argues that withdrawal of the plea would have caused "negligible harm to the government," and would have allowed a fuller examination of an insanity defense.
A court date for the appeal has yet to be set.

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