An Indian national convicted of human smuggling last year has asked a US appeals court for permission to represent himself. The case is linked to the tragic deaths of an Indian family who froze to death near the US–Canada border in 2022.
Harshkumar Patel cites lawyer’s ‘Incompetent Conduct.
Harshkumar Patel, currently jailed in Pennsylvania, filed a motion this week in the US Court of Appeals. He said he had no option but to act on his own because of what he described as his lawyer’s “incompetent conduct.” According to CBC News, Patel’s first court-appointed lawyer felt his appeal had no merit. Patel then hired private lawyer Seth Kretzer, with legal fees paid by family and friends. Patel claims Kretzer repeatedly sought deadline extensions and failed to share a proper draft of the appeal.
Patel alleges that drafts sent by Kretzer contained copied sections from other cases, including an appeal filed by the federal public defender for co-accused Steve Shand.
Co-Accused’s appeal raises key questions
Steve Shand’s appeal, filed last month, questions whether the traffic stop that led to his arrest on the night of the incident was lawful. It also raises doubts over whether Shand knew the family was vulnerable and attempting the dangerous border crossing that night.
Tragic deaths near the US-Canada border
The Patel family, not related to Harshkumar Patel, died from extreme cold on January 19, 2022, while trying to cross illegally into Minnesota during a blizzard. Their bodies were found just 12 metres from the US border. A 2019 Facebook post identified the victims as Jagdish (39), Vaishali (37), and their children Vihangi (11) and Dharmik (3). In his filing, Harshkumar Patel asked the court to allow him to submit his own appeal and to ignore any future filing by his lawyer. He also requested a public reprimand of Kretzer and a refund of legal fees.
Lawyer Rejects Allegations
Responding by email, Kretzer said the final brief deadline is still nearly two weeks away and that draft versions often change significantly before submission. He denied any wrongdoing, saying he has argued two cases before the US Supreme Court and has never plagiarised legal documents. Kretzer added that he plans to file the appeal unless the court accepts Patel’s request, and noted that disciplinary actions are not handled by appeals courts.
