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Wrongly Convicted Database Record
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Charge: |
Involuntary Manslaughter |
Sentence: |
"1 yr, 5 yrs probation & fine" |
Years Imprisoned: |
0.92 |
Year Crime: |
2013 |
Year Convicted: |
2016 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Santa Barbara |
City of Crime: |
Solvang |
Result: |
Judicially Exonerated |
Summary of Case: |
"Wanda Nelson was wrongly convicted on February 18, 2016 of involuntary manslaughter in the death of Heidi Swiacki, an ALS patient in Solvang, California on March 25, 2013. Nelson and Heidi's 89-year-old mother, Marjorie Good, were indicted on May 1, 2015 for first-degree murder and conspiracy in Heidi's death. The 60-year-old Nelson, who had 35 years of experience as a caregiver, was Heidi's caregiver. Heidi's autopsy determined she died from asphyxiation. The prosecution of Nelson and Good was based on the prosecution's narrative that they sedated her before disconnecting her ventilator to hasten her death. The prosecution also contended Nelson acted negligently for leaving Heidi in her mother's care for 30 minutes while she went to the pharmacy to get a prescription. The defense of the two women was the police investigation was flawed and a ventilator malfunction led to her death. Nelson's jury acquittted her of conspiracy, and first-degree murder, second-degree murder, and voluntary manslaughter, while finding her guilty of the lowest charge available to them, involuntary manslaughter. Her co-defendant Good, was tried by a separate jury, and she was acquitted of conspiracy and she was acquitted of all charges, except for involuntary manslaughter, and on February 23, 2016 a mistrial was declared on that charge because the jury couldn't reach a verdict. The Santa County District Attorney's Office subsequently decided not to retry Good and their motion to dismiss her indictment was granted on March 21, 2016. Trial Judge Rogelio Flores denied a defense motion to grant Nelson a new trial based on improper jury instructions, and he also declined to vacate her conviction was on the argument of Nelson's lawyer Santa Barbara Public Defender Lori Pedego that the essential element of "criminal negligence" had not been proved by the prosecution because Nelson was not criminally negligent because on the day of Heidi's death there "was a regular course of conduct by everyone." After her conviction Nelson was released on her own recognizance pending her sentencing. Nelson, who had spent 11 months in jail before her trial which with goodtime credits amounted to more than a year, was sentenced on April 1, 2016 to one year in custody with credit for time served, five years probation, and fined. Nelson filed her appeal on April 13, 2016. On November 6, 2017 the California Court of Appeals, Second Appellate Dept., Division Six reversed Nelson's conviction on the basis the prosecution introduced "insufficient to support her conviction of involuntary manslaughter because there is no substantial evidence of criminal negligence." An essential element of the crime was that the prosecution had to present evidence proving she acted with "criminal negligence," and the Court's ruling stated: "Accordingly, no reasonable trier of fact could conclude that, by leaving Heidi in Marjorie's care for 30 minutes while she went to the pharmacy, appellant engaged in conduct ""incompatible with a proper regard for human life ..." [The People v. Wanda Nelson, No. 2d Crim. No. B271618 (Calif Ct of Appeals, Second Appellate District, Div. 6, 11-6-2017) Double-jeopardy barred Nelson's retrial, because the prosecution introduced insufficient evidence during her trial to prove her guilt beyond a reasonable doubt. On February 13, 2018 Santa Barbara County Judge James Voysey ordered dismissal of the indictment against Wanda Nelson on the basis of the California Court of Appeals ruling." |
Conviction Caused By: |
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Innocence Proved By: |
"On February 13, 2018 Santa Barbara County Judge James Voysey ordered dismissal of the indictment against Wanda Nelson after the California Court of Appeals had reversed her involuntary manslaughter conviction on the basis the prosecution introduced "insufficient to support her conviction of involuntary manslaughter because there is no substantial evidence of criminal negligence."" |
Defendant Aided By: |
"Trial lawyer was Lori Pedego with the Santa Barbara County Public Defender’s Office, and her appellate attorney was San Luis Obispo based Mark Feeser." |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
61 |
Age When Released: |
62 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"The People v. Wanda Nelson, No. 2d Crim. No. B271618 (Calif Ct of Appeals, Second Appellate District, Div. 6, 11-6-2017) (Reversing conviction based on insufficient prosecution evidence to prove Nelson acted negligently.)" |
Information Location 1: |
http://www.courts.ca.gov/opinions/nonpub/B271618.PDF |
Information Source 2: |
"Judge Sets Aside Caregiver’s Conviction for Solvang ALS Patient’s Death, By Janene Scully (Editor) Noozhawk North County (Santa Barbara, Calif.), February 13, 2018" |
Information Location 2: |
https://www.noozhawk.com/article/judge_sets_aside_caregivers_conviction_for_solvang_als_patients_death |
Information Source 3: |
"2 Women Charged with Killing Solvang ALS Patient, By Tom Bolton (Executive Editor) Noozhawk North County (Santa Barbara, Calif.), May 7, 2015" |
Information Location 3: |
https://www.noozhawk.com/article/two_women_charged_with_2013_killing_of_als_patient_in_solvang_20150507 |
Information Source 4: |
"Tragic Tale of ALS Patient Heidi Good Swiacki’s Death Emerges in Criminal Grand Jury Transcripts, By Tom Bolton and Janene Scully (Editors), Noozhawk North County (Santa Barbara, Calif.), October 5, 2015" |
Information Location 4: |
https://www.noozhawk.com/article/als_patient_heidi_good_swiacki_grand_jury_transcripts_20151005 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org