A former Pennsylvania prison guard who was convicted on 27 counts of abusing prisoners will serve no prison time of his own, after a state court sentenced him to five years’ probation and six months on house arrest.
Harry Nicoletti, 61, was convicted of numerous counts of official oppression, simple assault, criminal solicitation and terrorist threats, as well as three counts of indecent exposure. He was acquitted of more serious charges of involuntary deviant sexual intercourse and institutional sexual assault.
The jury reached its verdict after deliberating three days following an 11-day trial that included 58 witnesses, some of them prisoners who recanted their earlier statements against Nicoletti. Charges against four other prison guards had previously been dropped.
Allegheny County Court of Common Pleas Judge David Cashman could have sentenced Nicoletti to up to 18 months in prison, but instead told him, “I’m sparing you from the danger you posed to the individuals you were in charge of.”
Nicoletti was originally indicted on 117 criminal charges following his arrest in September 2011. He was accused of being the ringleader of a group of six guards at SCI Pittsburgh who targeted sex offenders and homosexual prisoners for abuse that included sexual assaults, beatings, tainting food with urine and feces, and other mistreatment. [See: PLN, Nov. 2012, p.40; April 2012, p.1]. “It was evil for evil’s sake,” said Allegheny County Assistant District Attorney Jon Pittman at Nicoletti’s March 27, 2013 sentencing hearing.