THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
Nieminski Pleads No Contest On Multiple Child Sex Charges
Issue Date: October 17, 2019
At what started out to be a pre-trial motions hearing on Wednesday, Oct. 9, Judge David Miron accepted a last minute plea bargain agreement that could send former Coleman High School junior varsity basketball coach Jason R. Nieminski, 42, to prison for nine years and nine months, followed by 10 years of extended supervision and registration as a sex offender.
Sentencing is set for 1 p.m. on Monday, Dec. 30. In accepting the plea bargain agreement, Judge Miron noted at sentencing the judge is not bound by the plea bargain agreement.
Nieminski appeared in court for the scheduled pretrial hearing on Wednesday with his attorney, Brian Maloney, of Green Bay. The state was represented by District Attorney DeShea Morrow. Jury trial was scheduled to begin at 8:30 a.m. on Tuesday, Oct. 22.
There was a 30-minute delay in the start of the pre-trial proceedings on Wednesday, after which Judge Miron announced a plea arrangement had been reached.
Nieminski then entered pleas of no contest to one misdemeanor charge of sexual intercourse with a child age 16 or older, and four felony counts - two of exposing a child to harmful descriptions and two for causing a child age 13 to 18 to view sexual activity. Judge Miron then accepted the pleas, found Nieminski guilty of the five counts, and set the sentencing date.
Morrow said trauma that going through a trial would cause for a victim is a consideration when plea bargain agreements are accepted in cases like this.
Nieminski was arrested on Oct. 6, 2018 on multiple charges related to allegedly having repeated sexual contact with a high school girl from October of 2017 to July of 2018. He was charged with two Class C Felony counts, one for Second Degree Sexual Assault of a Child and the other for Child Sexual Exploitation-Employ, Use, Induce; a Class D Felony count of possession of child pornography; a Class H Felony count of causing a child between the ages of 13 and 18 to view sexual activity; a Class I Felony count of exposing a child to harmful descriptions, and one misdemeanor count of intimidating a victim to dissuade reporting.
Maximum penalties, if convicted on all 22 counts, could have totaled 100 years in prison plus $300,000 in fines... up to 40 years in prison plus a $100,000 fine for each of the two Felony C counts; 25 years in prison plus $100,000 fine for the Felony D; six years in prison plus $10,000 fine on the Felony H; 3.5 years plus $10,000 fine on the Felony I, and up to 9 months in jail and/or a fine of up to $10,000 on the misdemeanor count.
The charges were brought against Nieminski after local authorities were alerted by a cyber tip from the Wisconsin Department of Justice Department of Criminal Investigation that some of his Facebook Messenger exchanges with the victim had been flagged for inappropriate content.
On February 19, 2018 Coleman School Board had officially accepted Nieminski's resignation from the coaching position he had held there for 14 years.
At arraignment in Marinette County Circuit Court Branch I on Nov. 26, 2018 Nieminski had waived a preliminary hearing, entered pleas of not guilty to all charges, and was bound over for trial. He has remained free on $10,000 cash bond, subject to various conditions including no access to social media and no contact with minors except his own child.