News
Teen Sex Case Against Probation Officer Tossed
Published: Mar 05, 2004 - 07:35 PM
NEW YORK -- A probation officer who admitted having sex several times with a teenage client was cleared Thursday when the judge hearing her trial dismissed all charges after the prosecution rested its case. State Supreme Court Justice Arlene Silverman said the prosecution failed to establish that Nicole Waite, 36, of Brooklyn, was guilty of three felony counts of bribe receiving and six misdemeanor counts of official misconduct. She faced up to seven years in prison if she had been convicted.
A Department of Probation trial, held in abeyance during Waite's criminal trial, is still pending. She faces loss of her job and pension if convicted of the charges.
A 12-year probation veteran, Waite was assigned to write a report on a 17-year-old client. The reports usually describe the youth's family, criminal history and comments, and they are used by judges to help determine sentences and probation periods.
Waite was accused of offering the teen a good conduct review if he agreed to have sex with her. She admitted that they had sexual encounters on at least three occasions, including once in her office in the Manhattan Criminal Courts Building.
Waite's lawyer, Edward D. Wilford, said he contended during his opening statement at trial that while there was sex, there was no agreement between the two.
"It was consensual and social," Wilford said. "It might be disturbing because of the difference in ages and because she's a probation officer, but those things don't make the sex a crime. Where's the agreement?"
Assistant District Attorney Michael Dougherty called three witnesses during the two-day trial -- the Department of Investigation agent who arrested Waite, an assistant commissioner of the Probation Department and the teenager.
When Waite was arrested last October, Department of Investigation Commissioner Rose Gil Hearn said the officer had drunk alcohol and smoked marijuana with the teen before having sex with him. The youth has turned 18 since the alleged sex romps.
Barbara Thompson, spokeswoman for the Manhattan district attorney, had no comment.
Meanwhile, the youth has begun legal action against Waite. He filed papers a month ago asking court permission to file a late notice of claim against the city. The notice lets the city know it is about to be sued and must be filed within a certain period after the alleged wrongdoing and before the actual lawsuit is filed.
Wilford said when the civil suit against his client was filed that it was "without merit" and "indicative of this young man's true motives -- money."
The teen's court papers say he was under Probation Department jurisdiction because he had pleaded guilty in April 2003 in Manhattan Criminal Court to a crime. Published reports said the crime was misdemeanor marijuana possession.
A 12-year probation veteran, Waite was assigned to write a report on a 17-year-old client. The reports usually describe the youth's family, criminal history and comments, and they are used by judges to help determine sentences and probation periods.
Waite was accused of offering the teen a good conduct review if he agreed to have sex with her. She admitted that they had sexual encounters on at least three occasions, including once in her office in the Manhattan Criminal Courts Building.
Waite's lawyer, Edward D. Wilford, said he contended during his opening statement at trial that while there was sex, there was no agreement between the two.
"It was consensual and social," Wilford said. "It might be disturbing because of the difference in ages and because she's a probation officer, but those things don't make the sex a crime. Where's the agreement?"
Assistant District Attorney Michael Dougherty called three witnesses during the two-day trial -- the Department of Investigation agent who arrested Waite, an assistant commissioner of the Probation Department and the teenager.
When Waite was arrested last October, Department of Investigation Commissioner Rose Gil Hearn said the officer had drunk alcohol and smoked marijuana with the teen before having sex with him. The youth has turned 18 since the alleged sex romps.
Barbara Thompson, spokeswoman for the Manhattan district attorney, had no comment.
Meanwhile, the youth has begun legal action against Waite. He filed papers a month ago asking court permission to file a late notice of claim against the city. The notice lets the city know it is about to be sued and must be filed within a certain period after the alleged wrongdoing and before the actual lawsuit is filed.
Wilford said when the civil suit against his client was filed that it was "without merit" and "indicative of this young man's true motives -- money."
The teen's court papers say he was under Probation Department jurisdiction because he had pleaded guilty in April 2003 in Manhattan Criminal Court to a crime. Published reports said the crime was misdemeanor marijuana possession.
