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Wrongly Convicted Database Record
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Charge: |
Indecent Exposure |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2013 |
Year Convicted: |
2013 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
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City of Crime: |
North Shore |
Result: |
Judicially Exonerated |
Summary of Case: |
"Nicolaas Chrisoffel Gert Petrus Nagel was wrongly convicted in 2013 of indecent exposure in the North Shore area of Auckland, New Zealand. In March 2013 a woman on Fairview Ave. wrote the license plate number of Nagel’s motorcycle that passed by her, after she saw a motorcycle go by her in the opposite direction ridden by a man who was standing on the seat with his pants pulled down and holding the handlebars with one hand and masturbating with his other hand. When the woman reported the incident to the police she said the rider of the second motorcycle was seated normally, and she estimated the first motorcycle with the masterbating rider was going about 20 mph. The police tracked Nagel down as the owner of the second motorcycle and he was charged with indecent exposure. Nagel testified during his bench (judge only) trial that he not only wasn’t on the motorcycle the woman saw with the masturbating rider, but that he couldn’t have been because he did not have the ability to ride standing on his motorcycle's seat traveling at about 20 mph and masturbate at the same time. During the witnesses’ testimony she didn't identify Nagel as the rider of the first motorcycle, and she wasn't able to point to any distinctive characteristics of the bikes or riders, explaining that she was focused on what the rider of the first motorcycle was doing, and she was then focused on writting down the license plate number when the second motorcycle passed by her. The North Shore District Court judge found Nagel guilty of indecent exposure. Nagel appealed. In late November 2014 the Auckland High Court quashed Nagel’s conviction on the basis of insufficient evidence he was guilty. Justice Pamela Andrews ruled that while the evidence established Nagel was the rider of the second motorcycle, there was no evidence he was the rider of the first motorcycle the woman saw traveling in the opposite direction." |
Conviction Caused By: |
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Innocence Proved By: |
"In late November 2014 the Auckland High Court quashed Nagel’s conviction on the basis of insufficient evidence he was guilty. Justice Pamela Andrews ruled that while the evidence established Nagel was the rider of the second motorcycle, there was no evidence he was the rider of the first motorcycle the woman saw traveling in the opposite direction." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Motorcyclist wins appeal over 'masturbating' conviction, By New Zealand News Service, TV3 Auckland (Auckland, NZL), December 2, 2014" |
Information Location 1: |
http://www.3news.co.nz/nznews/motorcyclist-wins-appeal-over-masturbating-conviction-2014120213 |
Information Source 2: |
"Motorcyclist not the masturbator: judge, By NZ Newswire, MSN.com, Dec. 1, 2014 " |
Information Location 2: |
http://www.msn.com/en-nz/news/national/motorcyclist-not-the-masturbator-judge/ar-BBgd7r1 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org