Venice Man to Face New Trial After Conviction Overturned
Sarasota, Fla. – A Venice man convicted of child molestation in 2018 is preparing for a retrial after a Sarasota County judge steadfast he received ineffective legal counsel. Nicky Pasquale, who has been incarcerated for nearly six years, had his conviction vacated earlier this year.
Pasquale was originally found guilty in February 2018 of molesting a young girl who attended his daughter’s birthday party. During the initial trial, testimony included allegations from the victim’s 14-year-old cousin, who claimed Pasquale had inappropriately touched her a year prior. He was subsequently sentenced to 25 years in prison, a sentence upheld by the Second District Court of Appeal in August 2021.
In January 2023, Pasquale filed a motion for relief, arguing his then-attorney, Steven S. Michaels of Bradenton, committed critical errors during the trial. These errors, according to the motion, included a failure to properly object to and argue against the admission of hearsay evidence.
A hearing was held in March before Sarasota County circuit Court Judge Thomas Krug. During the hearing, Michaels acknowledged making several mistakes during the original proceedings. Judge Krug ultimately agreed, vacating Pasquale’s conviction and sentence.
Court records reveal concerns over jury selection. While prosecutors did not initiate the discussion, Michaels used the term ”pedophile” when questioning potential jurors, after the prosecution had refrained from using labels. Judge Krug’s order stated that the cumulative effect of these errors undermined confidence in the original trial’s outcome, denying Pasquale a fair and impartial process.
Pasquale is currently free on a $150,000 bond while awaiting his new trial. A case management hearing is scheduled for October 7th, though Pasquale has waived his right to appear at procedural hearings.He is now represented by Jason Forman of Fort Lauderdale, who has participated in prior hearings remotely.
The State Attorney‘s office has confirmed they are preparing for a retrial but declined to comment further on the pending case. Attempts to reach Michaels and Forman for comment have been unsuccessful.
