Ex-deputy granted new trial in attempted rape case
Judges: Witness ‘knowingly violated’ pretrial court order
An appeals court Wednesday ordered a new trial for a former Palm Beach County sheriff’s deputy who last year was convicted and sentenced to eight years in prison for an attempted rape.
Jason Nebergall, 41, has been on house arrest under the terms of a $100,000 bond, while the case was pending before the Fourth District Court of Appeal.
A threejudge panel now says he’s entitled to a retrial because of a remark by his 28-year-old accuser about inconclusive DNA evidence that never should have been heard by the jury.
Circuit Judge Cheryl Caracuzzo erred by denying Nebergall’s request for a mistrial, after the witness “knowingly violated” a pretrial court order with her testimony, the appellate court found.
The statement by the accuser on the witness stand “was so harmful or fundamentally tainted as to require a new trial,” wrote Judge Jonathan D. Gerber.
Giving a special instruction to the jury not to consider the comment — which Caracuzzo had offered and the defense declined — “would not have remedied this violation,” he added.
The appeals court tossed Nebergall’s convictions of attempted sexual battery while in possession of a weapon, and misdemeanor battery for touching the woman’s breasts.
“We are looking forward to going back to court and doing what’s necessary to clear his
Rodney Barreto, left, chairman of the Miami Super Bowl Host Committee, acknowledges Miami-Dade State Attorney Katherine Fernandez Rundle during a news conference Wednesday.
websites in case someone was trying to sell it, but no luck.
Ciulla already has ordered a new one from Malaysia that he has to pick up in Orlando but he still wants to find his old mascot.
“Hopefully, it will show up in the bushes somewhere,” he said. Then he’ll have two Bigfeet.
Boynton Beach police are asking anyone who finds it or has information on its whereabouts to contact Detective Danielle Whitefield at 561-732-8116 or Palm Beach County Crime Stoppers, anonymously, at 800-458-8477 or online at crimestoppers pbc.com.