Threatening HMP guard earns Nelson Hart 1 month of house arrest
The final chapter in Nelson Hart's legal saga came to a close Monday as he was sentenced to serve time in the community for threatening a guard inside Her Majesty's Penitentiary more than two years ago.
Hart was given a 30-day conditional sentence, colloquially called house arrest. Ironically, Hart's lawyer Jeff Brace told the St. John's provincial court that his client doesn't have a home, and instead has been shuffled from shelter-to-shelter.
"Nelson Hart can't find a place to live," Brace told judge Lois Skanes at Hart's sentencing.
Police laid charges of assault and uttering threats in January 2013, after Hart threatened to stab a guard and threw a paper plate. The charge of assault was later withdrawn by the Crown, and Hart was found guilty of uttering threats in February.
At the time, Hart was in custody awaiting an appeal of his double-murder conviction of his twin daughters, Krista and Karen in 2002.
The murder charges were withdrawn against Hart in August 2014 following a Supreme Court of Canada ruling that called into question the reliability of confessions obtained during so-called Mr. Big sting operations.
Before Hart's sentence was imposed, Brace took a moment to tell the court of his client's hardships since being freed from custody.
"Since he's been released he's been attacked at least three times," Brace said. "Once in a city bus. Pounded for who he is."
Brace described the incident which led to his sentencing as a breaking point for Hart, who had been serving time for crimes that were later overturned.
"Nelson Hart was in a situation where frustrations was at an all-time high," Brace said, adding Hart told him he was "treated like an animal."
"The reality is that he suffered things that we probably can't comprehend let alone imagine them happening."
Judge Mike Madden sentenced Hart last month to a 60-day conditional sentence and one year of probation after being found guilty of making threats during a clash with jail guards two years ago.
Once Hart finishes up his 60-day conditional sentence in August, he will begin another month on conditions. Hart will serve one year probation following his sentence.
