Kushal Shah

Hello. My name is Kushal K. Shah, I am incarcerated at James T. Vaughn correctional center in Smyrna Delaware. I am 41 years of age and I have been in Prison since I was 18 years and twenty days old. I was charged with a shooting that resulted in the death of a store owner. I was appointed an attorney whom did absolutely nothing to defend me. Not a single witness reported to have seen me commit the offense. One witness identified a Police officer as the killer and another suspect gave a false alibi and the police simply closed the investigation of him. I was pressed to plead guilty at least 5 times and I rejected. The Judge engaged into misconduct by having a conversation in an office conference about using an additional attorney to get me to plead guilty. This is not conduct that any judge should engage in. Eventually I was transferred to a Psychiatric center, medicated and pressed to plead guilty. However, the guilty but mentally ill plea was illegal because it did not meet the criteria under 11 Delaware Code §408. This statue requires one to be mentally ill on the day of the offense. The doctor’s report and testimony said that such determination could not be made because I maintained my innocence and refused to discuss the incident. The Judge still accepted the plea and my attorneys did not object to it although they know I did not want the plea. Simply put, I was medicated, house in a Psychiatric center, and stepped on by my attorneys and the judge. The law was violated in order to be a plea and the conviction based on that plea is illegal. I seek justice justice justice and will not stop until I get it.