Prosecution rests in inmate sex abuse trial
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PITTSBURGH – The prosecution has rested in the trial of a fired state prison guard accused of physically and sexually abusing inmates who were gay or were serving sentences for child sex crimes.
The defense will begin calling witnesses Tuesday on behalf of the defendant, Harry Nicoletti.
Twenty former inmates, including a transsexual who says he was raped by Nicoletti, have testified since the trial opened Jan. 9 that they were verbally, physically or sexually abused by the former guard, the Pittsburgh Post-Gazette reported Friday.
The trial opened with Nicoletti, of Coraopolis, charged with 89 counts, including several each of involuntary deviate sexual intercourse, institutional sexual assault and official oppression, or using his official powers to punish inmates. After the prosecution testimony wrapped Friday, nine counts were dismissed because Allegheny County prosecutors didn’t call as a witness an inmate linked to those charges.
Nicoletti, 61, has said the charges are “made up.” Defense attorney Steve Colafella has told the jury the allegations resulted from the inmate rumor mill, which he characterized in his opening statement as like a “noncomputerized social network” or a kind of Facebook behind bars.
Nicoletti has been the focus of an investigation that has seen six other guards who worked at the prison’s intake area charged with crimes. Charges against three of those guards were dropped or dismissed when inmates changed their stories or were deemed incredible by a district judge.
One of the other three guards who remained charged was convicted of felony witness intimidation and other counts, though 10 counts against him were dismissed by Common Pleas Judge David Cashman, who’s presiding at Nicoletti’s trial.
Nicoletti has opted for a jury trial, meaning his fate likely will be determined by whether the jurors find his inmate accusers credible.
Colafella, the defense attorney, has not said whether Nicoletti will take the stand after the defense opens its case next week.
Two other guards are scheduled to stand trial later this year.