You Should Die In Jail

A young girl who was molested by a trusted elderly family member sat in court with her parents Tuesday, listening as a New London judge sentenced 80-year-old James J. Nieto to 30 years in prison.

“You should die in jail,” Judge Stuart M. Schimelman told Nieto after referencing “heartbreaking” evidence of damage to the girl and her sister.

The 10-year-old in jumper and tights had come to court expecting to deliver a victim impact statement, but she changed her mind when a marshal led the man she had known as “Doc” into the courtroom.

Nieto, who has been imprisoned since a jury convicted him Sept. 10, looked thinner and more fragile, wearing tan prison scrubs, than he had at trial, when he pushed his disabled wife's wheelchair into court daily and wore business suits.

The young victim left the room for a few minutes after catching sight of him. Her older sister, who suffered a more invasive assault by Nieto over a longer period of time, had chosen not to attend at all.

Their mother spoke on their behalf, giving free rein to the anger that had grown since she discovered Nieto, of New Rochelle, N.Y., molested her daughters during gatherings at a relative's home in Voluntown. She said Nieto had destroyed her children's trust. The children are related to Nieto through marriage.

“I hope while you're in prison, the same thing happens to you,” she said. She wished on him the same feelings of being small and overpowered. She hoped there would be nobody for him to talk to or trust. She told him to “live for a long time” with the knowledge of what he did to her daughters.

Nieto did not visibly react or speak during the sentencing.

Prosecutor Theresa Anne Ferryman said she continued to be startled by his callous and flip attitude toward the offenses. She said Nieto fondled the older sister multiple times and digitally penetrated her vagina. He had groped the younger girl more recently before the girl stopped him and disclosed the assaults to an adult family member.

“I don't want to leave this case without commenting on the tremendous pain that was caused to this family,” Ferryman said.

Nieto confessed to police and several family members after he was confronted about the crimes. He had pleaded not guilty following his arrest and, in taking the case to trial, rejected a plea offer of eight years in prison. Both victims had testified at the trial, and the jury deliberated for just 20 minutes before convicting him.

Defense attorney Eugene J. Riccio emphasized Nieto's lack of a prior record, his “excellent history” as an educator in New York City and good military record. He said it was very unusual to see somebody Nieto's age in this type of situation. He said there was no way to rationalize the offenses.

“People who engage in this activity are undeniably ill,” Riccio said. He noted Nieto has physical and mental problems. He said the state, with its offer of eight years in prison, had given his client no alternative but to take the case to trial.

“The anger is understandable,” Riccio said. “I just don't want the court to sentence this man as someone who walked away from a reasonable resolution.”

Schimelman commended the attorneys before sentencing Nieto.

“Many might feel Mr. Nieto should have no defense and no trial, but that's not the society we are,” he said.

The judge said he considered Nieto's background and education a detriment, because Nieto “certainly realized the crimes he perpetrated on these children.”

“I firmly believe that if we do not take action against those who perpetrate these types of crimes we are not a civilized society,” Schimelman said. No one wants to send an 80-year-old to prison, the judge said, but he had seen and heard the evidence of harm done to the children.

Riccio said he plans to appeal the verdict and asked the judge to set an appeal bond, so that Nieto could be released while the case is pending. The judge denied the bond, and a marshal led Nieto back to the courthouse lockup.

Karen Florin