Venice โMan โto Face New Trial After Conviction Overturned
Sarasota, Fla. – A Venice man convicted of childโค molestation in 2018 is โpreparing for a retrial afterโ a Sarasota County judge steadfast he receivedโฃ ineffective legal counsel. Nickyโ Pasquale, who has been incarcerated for โnearly six years, had his conviction vacated earlier this โขyear.
Pasquale was โขoriginally found guilty in February 2018 of molesting a young girl who attended his daughter’s birthday party. Duringโ the initial trial, testimony included โฃallegations from theโ victim’s โ14-year-old cousin, who claimed Pasquale had inappropriatelyโ touched her โa year prior. He wasโข subsequently sentenced to 25 โฃyears in prison,โ aโค sentence upheld by the Second District Courtโฃ of Appeal inโ August 2021.
In โJanuaryโค 2023, Pasquale filed a motion for relief, arguing his then-attorney, Steven S. Michaels of Bradenton, committed critical โerrors during the trial. These errors, according to theโข motion, โฃincluded a failure to properly object to and โargue against the admission of hearsay โevidence.
A hearing wasโ heldโ in March before Sarasota County circuit Court Judge Thomas Krug. During theโฃ hearing, โMichaels acknowledged making several mistakesโ during the โoriginal โproceedings. Judge Krug ultimatelyโ agreed, vacating โคPasquale’s conviction and sentence.
Court records reveal concerns over jury selection. While prosecutors did not โฃinitiateโค the โคdiscussion, Michaels used โฃthe term โข”pedophile” when questioning โpotential jurors, after the prosecutionโ had refrained from using labels. Judge Krug’sโ order stated โฃthat the cumulative effect โof these errors undermined confidence in the originalโค trial’s outcome, denying Pasquale a fair and impartial process.
Pasquale isโ currently free on a $150,000โข bond while awaiting hisโฃ new trial. A case management hearing is scheduled for October 7th, though Pasquale has waived his โคright to appear โคatโ procedural hearings.He is now โrepresented by Jason โForman of Fortโข Lauderdale, โwho has participated โฃin prior hearings remotely.
The State Attorney‘sโข officeโข has confirmed they are preparingโข for a retrial but declined to comment further on the pending case. Attempts to reach โMichaels and โForman for comment have beenโข unsuccessful.