Wrongly Convicted Database Record
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Charge: |
Harassment criminal (incl. Aggravated) |
Sentence: |
15 months |
Years Imprisoned: |
0.83 |
Year Crime: |
2010 |
Year Convicted: |
2012 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Connecticut |
County or Region of Crime: |
Fairfield |
City of Crime: |
New Canaan |
Result: |
Judicially Exonerated |
Summary of Case: |
"Michael Nowacki was wrongly convicted in 2012 of harassing his nanny and violating a protective order in New Canaan, Connecticut. Nowacki was sentenced to 15 months in prison, but his sentence was stayed pending the outcome of his appeal. On March 10, 2015 the Connecticut Court of Appeals issued its ruling ordering Nowacki's acquittal of criminal harassment because it was based on the contents of an email that didn't express any threat, and its contents were protected speech under the First Amendment. Nowacki's conviction of violating a protective order was reversed because the trial judge's evidentiary rulings barring the testimony of a key defense witness about the content and why the email was sent prevented a "meaningful defense" by Nowacki, and the court ordered his retrial on that charge. The State declined to retry Nowacki on the protective order charge, and on May 6, 2015 the Fairfield DA Office's motion to dismiss was granted." |
Conviction Caused By: |
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Innocence Proved By: |
"On March 10, 2015 the Connecticut Court of Appeals acquitted of criminal harassment because it was based on violating what was in fact a non-existent protective order." |
Defendant Aided By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
59 |
Age When Released: |
60 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"State v. Nowacki, No. AC34577 (Ct. Ct. of Appeals, 3-10-2015) (Reversing both convictions, ordering acquittal of harassment conviction, and ordering new trial of violating a protective order.)" |
Information Location 1: |
http://www.jud.ct.gov/external/supapp/Cases/AROap/AP155/155AP196.pdf |
Information Source 2: |
"New Canaan man wins on appeal: Conviction reversed, acquitted of harassment, By John Nickerson, New Canaan News, March 4, 2015" |
Information Location 2: |
http://www.newcanaannewsonline.com/news/article/New-Canaan-man-wins-on-appeal-Conviction-6114942.php |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org