Nancy Wagner
Nancy speaking at NEIP’s 2023 Voices of the Innocent event.
“[I]t appears that the trial resulted in an unjust conviction which must be vacated as the only fair remedy.”
—Judge Wall, presiding judge in Nancy's case
A Mother Wrongfully Convicted
In 1990, Nancy was wrongfully convicted of murdering her beloved 23-month-old daughter, Sarah. Science would later reveal that Sarah had, in fact, died in a tragic accident while sleeping in her car seat at home. However, this was long before anyone knew of the dangers of accidental asphyxiation by car seat straps. Nancy chose to go to trial, trusting that the legal system would uncover the truth that she would never intentionally cause harm to her daughter, but it took many more decades for that to happen.
A Tragic Accident Misunderstood
“I first met Nancy in 2016,” said NEIP Staff Attorney Laura Carey. “I was ushered into one of the small attorney meeting rooms at the Framingham Women’s Prison and was greeted by a gentle, soft-spoken woman accompanied by a doting Labrador retriever — one of many she trained for people with disabilities as part of the ‘NEADS’ program.
Having just returned to work after giving birth to my own baby girl, I could not imagine suffering such a tremendous loss. While I couldn’t bring Sarah back, I wanted to do all I could to correct the compounding tragedy of Nancy’s wrongful conviction.”
That first visit began a seven-year journey that would involve the work of a team of attorneys, including pro bono partners Michael Fee from Verrill and many dedicated people from Latham & Watkins. Revealing the truth in Nancy’s case required the expertise of five skilled experts in psychology, forensic pathology, pediatrics, and serology.
Nancy with her legal team on the day of her release.
Building the Case for Freedom
Following her release in 2020, after serving 30 years in prison for a crime she did not commit, Nancy began working and supporting herself almost immediately. She got her driver’s license, became adept at technology, reconnected with a vast network of family and friends who supported her throughout her lengthy incarceration, and navigated a world that had drastically changed since 1990.
Finally, on May 24, 2023, after three years of additional litigation, Middlesex Superior Court Judge Joshua Wall overturned Nancy’s first-degree murder conviction. The Court’s decision granting Nancy’s Motion for New Trial recognized the “compelling” new evidence that Sarah was not murdered but rather died by accidental asphyxiation while sleeping in her car seat. Judge Wall wrote that, “[i]t appears that the trial resulted in an unjust conviction which must be vacated as the only fair remedy.” Rather than face another trial in which she would have to trust a system that had failed her, Nancy chose closure through an Alford plea, ending the case while still maintaining her innocence.
A Case That Reflects a Larger Pattern
Nancy’s wrongful conviction is unfortunately not rare: It is similar to that of so many other women wrongfully convicted of harming their children because most of these (70%) were also cases in which no crime actually occurred.
Through all the challenges, Nancy showed amazing resilience.
In August 2023, Nancy married her partner, Ray, whose friendship helped her keep hope alive while she was in prison. In September 2023, Nancy spoke on stage as part of NEIP’s annual Voices of the Innocent event. After so many years of living trapped in a harmful and untrue narrative, Nancy was able to tell part of her own story, unafraid and secure in her freedom. Moments like these, while they don’t come often enough, are the reason we keep fighting for freedom.
Nancy with her partner, Ray.
More on Nancy
Video
30 years
Number of Years Wrongfully Incarcerated
Age at Arrest: 20 years old
Age at Exoneration: 50 years old
Sentence: Death by Incarceration Death by Incarceration Life without the possibility of parole
Freedom Dates
- Conviction Overturned: May 24, 2023 Conviction Overturned A legal reversal of the wrongful conviction. Success here is monumental but doesn't automatically grant immediate freedom; it simply returns the individual to the status of "charged," leaving the State to decide whether to drop the case or force a grueling retrial.
- Date of Release: Jun. 5, 2020 Date of Release Leaving prison. Release is not the same thing as “freedom” since many people who are not in prison remain under the control of the carceral state through invasive supervision and monitoring, and may still face criminal charges and the threat of returning to prison.
- Date Alford Plea Accepted: May 24, 2023 Date of Exoneration An Alford Plea brings a legal end to the case while maintaining innocence.
Primary Contributing Factors This list is not comprehensive.
- False or Misleading Forensic Evidence
NEIP’s Involvement
- Took on the case: 2016
- Worked on case: 7 years
Pro Bono Partners
- Latham & Watkins
- Verrill Dana
Case Investigators and Experts
- 1 Investigator
- 2 Forensic pathologists
- 1 Pediatrician
- 1 Forensic psychologist
- 1 Serology expert