|
Wrongly Convicted Database Record
|
Charge: |
Sexual Criminal Conduct |
Sentence: |
|
Years Imprisoned: |
|
Year Crime: |
|
Year Convicted: |
|
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
Guam |
County or Region of Crime: |
|
City of Crime: |
|
Result: |
Judicially Exonerated |
Summary of Case: |
"Alvin Gerard San Nicolas was wrongly convicted of first degree and second degree criminal sexual conduct in Guam. After the jury was empanelled the judge noted that Nicolas' grand jury indictment was defective because it did not allege at least four essential elements of the criminal sexual conduct Nicolas was charged with. The judge sua sponte ordered the prosecutor to amend the defective indictment and refile it. The objection of Nicolas' lawyer to the judge's order was overruled. After Nicolas was convicted he appealed on the basis the judge abused his discretion by ordering amendment of the grand jury's indictment. On November 5, 2013 the Supreme Court of Guam vacated Nicolas' convictions on the ground the judge abused his discretion by ordering the prosecution to amend the grand jury indictment so that it actually stated a crime, because only a grand jury can issue an indictment." |
Conviction Caused By: |
|
Innocence Proved By: |
"On November 5, 2013 the Supreme Court of Guam vacated Nicolas' convictions on the ground the judge abused his discretion by ordering the prosecution to amend the grand jury indictment so that it actually stated a crime, because only a grand jury can issue an indictment." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"People of Guam v. Alvin Gerard San Nicolas, 2013 Guam 21 (Guam Supreme Ct., 11-5-2013)" |
Information Location 1: |
http://www.pacificnewscenter.com/images/pdf2/plvsnc.pdf |
Information Source 2: |
"Guam Supreme Court Vacates San Nicolas Criminal Sexual Conduct Conviction on Trial Court Error, By Kevin Kerrigan (staff), PacificNewsCenter.com, November 6, 2013" |
Information Location 2: |
http://www.pacificnewscenter.com/index.php?option=com_content&view=article&id=39338:guam-supreme-court-vacates-san-nicolas-criminal-sexual-conduct-conviction-on-trial-court-error&catid=45:guam-news&Itemid=156 |
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org