Venice Man to Receive New Trial in Child Molestation Case Due to Ineffective Counsel
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SARASOTA, Fla. (WWSB) – A venice man who has spent nearly six years in prison is preparing for a new trial after a Sarasota County judge threw out his child molestation conviction due to ineffective counsel, court records show.
Background of the Case
Nicky Pasquale was convicted in February 2018 of molesting a girl who had been invited to his home for his daughter’s birthday party. During the trial, the jury also heard testimony from the victim’s 14-year-old cousin, who alleged Pasquale had inappropriately touched her a year earlier.
Pasquale was sentenced to 25 years in prison. The conviction was upheld by the Second District Court of Appeal in August 2021.
Motion for Relief and Judge’s Ruling
In January 2023, Pasquale filed a motion for relief to overturn his conviction, arguing his lawyer, Steven S. Michaels of Bradenton, made fundamental errors that contributed to his loss, including failing to properly object to hearsay evidence.
A hearing was held in March of this year before Sarasota county Circuit Court Judge Thomas Krug, where Michaels admitted to several errors during the trial. Judge Krug ultimately vacated Pasquale’s conviction and sentence.
Pasquale is currently free on $150,000 bond pending his new trial.
Key Errors Identified by the Court
In his written order, Judge Krug highlighted issues during jury selection. He noted that prosecutors used the phrase “child molester” while questioning potential jurors.Surprisingly, it was the defense counsel, Michaels, who initially used the term “pedophile” during jury selection, prompting the prosecution to follow suit. The judge found this inappropriate.
Judge Krug stated,”It would be improper for the State to speculate about a ‘pedophile’s profile’ during jury selection. Though, in this case, the state did not use these terms or initiate this line of questioning. Instead it was initiated by the defense counsel and continues until terminated by the trial judge.”
the judge concluded that “the deficiencies in counsel’s performance have ‘so affected the fairness and reliability of the proceeding that confidence in the outcome is undermined,'” and that Pasquale was denied a fair and impartial trial.
Next Steps
A date for the new trial has not yet been set. A case management hearing is scheduled for October 7, but Pasquale has waived his right to appear.His new attorney, Jason Forman of Fort Lauderdale, has attended previous hearings via Zoom.
ABC7 has reached out to Michaels and Forman for comment, but neither has responded. The state attorney’s office stated they cannot comment on pending cases but are preparing to retry the case.
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