Nicole Baukus was 24 years old when she pled guilty in the middle of her trial based on evidence that was being presented by the prosecutors. Her court-appointed attorney completely failed to investigate the case and the prosecutors failed to turn over exculpatory evidence. One of the prosecutors even asked witnesses to lie. At the time of trial, Nicole still had no memory of the accident and had a 6-hour blackout. Because of the prosecutors putting on false evidence, tampering with witnesses, and failing to turn over exculpatory evidence, Nicole’s lawyer had her change her plea from “not guilty” to guilty mid-trial. Based on the false evidence and perjured testimony, coupled with her lack of memory, the prosecutors convinced her she was guilty.
After pleading guilty, the jury sentenced her to 15 years each for two counts of intoxication manslaughter and 8 years for one count of intoxication assault. The judge (who later resigned from the bench in lieu of criminal prosecution) ordered the sentences to run consecutively for a total of 38 years.
HOWEVER……
Later, through independent investigations, it was discovered that all of the evidence placed Nicole in the passenger seat at the time of the collision. The State of Texas (Montgomery County) to this day continues to do everything they can to cover up the corruption and protect the conviction. It is clear that Nicole’s attorney did not adequately defend her. For example:
- An eyewitness saw Nicole in the passenger seat seconds before impact.
- Eyewitnesses saw her in the passenger seat right after the accident.
- Nicole’s injuries were inconsistent with being the driver and were consistent with being the passenger.
- Evidence was planted in the vehicle to make it appear that Nicole was driving.
- One officer turned off his camera and audio less than two minutes before the planted shoe was found on the driver’s floorboard to make it appear Nicole was driving.
- Witnesses were never talked to before trial.
- Video and photographic evidence was not adequately reviewed before trial.
Nicole’s lawyer failed to identify all of the above and did not put on the defense that Nicole was not driving. Instead, he put forth a defense of involuntary intoxication (being drugged at a bar).
In the post-conviction phase of the proceedings, the State is continuing to be dishonest. In an effort to defeat Nicole’s post-conviction writ of habeas corpus, the State has submitted and filed false affidavits.
Not only did Nicole not get adequate representation and a fair trial, she is actually innocent of the crime for which she is currently incarcerated. She has been incarcerated since August of 2013.
Read Nicole Baukus’ Cace documents here
I think it’s absolutely disgusting that you are putting a clearly guilty murderer on this page! I’ve read the case files, this woman was clearly intoxicated, there were several witnesses, and no other person was found in or near her vehicle. Her DNA was on the air bag for God’s sake! My own mother was murdered by a drunk driver, who happened to have 2 other passengers with her, who by the way she also tried to blame as well! Let this girl take responsibility for her actions! She is right where she belongs!!!!
Is there any news on this case ?
Following from the UK and couldn’t find any new information about Nicole.