Wrongly Convicted Database Record

 

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Patrick Ryan Nicoletto

 

Charge:

Sexual Exploitation

Sentence:

5 years and 10 years probation

Years Imprisoned:

Year Crime:

2008

Year Convicted:

2012

Year Cleared:

2014

U.S. State or Country of Crime:

Iowa

County or Region of Crime:

Davis

City of Crime:

Bloomfield

Result:

Judicially Exonerated

Summary of Case:

"Patrick Ryan Nicoletto was wrongly convicted on July 19, 2012 of one count of sexual exploitation by a public employee for a sexual relationship he had with a female student for about a year beginning in the fall of 2008 and ending in September 2009, in Bloomfield, Iowa. The girl was over 16, the age of consent in Iowa, so Nicoletto couldn't be charged with sexual assault. Nicoletto was an employee at a pipe manufacturer who from 2007 to 2009 was an an assistant high school girls' basketball coach with the Davis County, Iowa Community School District. After the jury found Nicoletto guilty he was sentenced to five years imprisonment and ten years special probation. Nicoletto appealed,and his motion was granted to be released on bail pending the outcome of his appeal. On April 11, 2014 the Iowa Supreme Court reversed Nicoletto's conviction on the basis he wasn't a public employee under Iowa law, so he couldn't have violated the statute he was charged with that only applied to a public employee, and ordered dismissal of the charge against him. Nicoletto filed a claim under Iowa's wrongful imprisonment compensation statute, which was granted by the Davis County District Court. The State appealed, and on April 22, 2015 the State Supreme Court reversed the lower court in holding that Nicoletto wasn't eligible for compensation because he was never imprisoned in a state prison. Following the dismissal of the charges against Nicoletto the Iowa legislature amended state law to include part-time athletic coaches in the definition of public employees."

Conviction Caused By:

Misapplication of the public employee statute by the Davis County DA's Office.

Innocence Proved By:

"On April 11, 2014 the Iowa Supreme Court reversed Nicoletto's conviction on the basis he wasn't a public employee so he couldn't have violated the statute he was charged with that only applied to a public employee, and ordered dismissal of the charge against him."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Nicoletto, 845 NW 2d 421 (Iowa: Supreme Court, 4-11-2014) (Reversing conviction on the basis that Nicoletto wasn't a public employee so he couldn't have violated the statute he was charged with that only applied to a public employee.)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=10182478029432786163&q=Nicoletto&hl=en&as_sdt=4,16"

Information Source 2:

"State of Iowa vs. Patrick Ryan Nicoletto, No. 14–1193 (Iowa Supreme Court, April 24, 2015) (Nicoletto doesn't qualify for compensation because he was released on bail pending the outcome of his appeal that resulted in the reversal of his conviction and the dismissal of charges, and the State law only compensates for time wrongly imprisoned.) "

Information Location 2:

http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Supreme_Court_Opinions/Recent_Opinions/20150424/14-1193.pdf

Information Source 3:

"State needs to fix loopholes, Editorial, Ottumwa Courier (Ottumwa, Iowa), May 3, 2015"

Information Location 3:

http://www.ottumwacourier.com/opinion/editorials/state-needs-to-fix-loopholes/article_6b5b9964-f195-11e4-8948-cf08a5e901c8.html

Information Source 4:

"Nicoletto guilty, By Staff writer, Hearland Connection, July 19, 2012"

Information Location 4:

http://www.heartlandconnection.com/news/story.aspx?list=194787&id=778420#.VUbbc_vwl50

Information Source 5:

"Victim takes the stand against Nicoletto, By Greg Deffenbaugh, Hearland Connection, July 18, 2012"

Information Location 5:

http://www.heartlandconnection.com/news/story.aspx?list=194787&id=777841#.VUbdCvvwl50

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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