Sullivan found guilty of killing 63-year-old
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The verdict, which was announced by a priest who was elected foreman of the eight-man, four-woman jury, was accepted soberly by Sullivan who, earlier in the day, chose not to take the stand in his own defense. The 38-year-old defendant, who faces 15 to 50 years in prison for the conviction, ended his day in court by thanking his attorneys and then, in an unusual move, shaking the hand of District Attorney General Dale Potter who had just led his successful prosecution.
“We’re very pleased with the verdict,” said Potter. Prosecutors had sought a conviction for first-degree murder which could have cost Sullivan life in prison without chance of parole. However, given the evidence, Potter said he was pleased with the conviction on the lesser count. Sullivan’s defense had no comment.
Sullivan’s conviction brings to an end the saga of the May 2000 slaying of Johnson, 63, who was killed behind his residence on Old Smithville Road. Prosecutors proved it was Sullivan who wielded a tire tool during a robbery of Johnson, striking him 15 times in the head.
Sullivan’s girlfriend and partner in crime, Margie Farley, 32, was convicted earlier this summer and is serving 37 years for facilitation of murder and robbery. During her trial, Farley admitted she sometimes slept with Johnson for money, noting she also considered him a friend. Prosecutors believe Farley took Sullivan to Johnson’s home where the robbery took place. Farley maintains Sullivan’s attack on Johnson was a surprise. However, prosecutors maintain the attack was planned by the two.
Prosecutors considered putting Farley on the stand Friday morning; however, given past conflicting statements she had given to law enforcement, the state opted, minutes before she was to testify, not to take a chance of a new story being presented by the recently convicted woman.
For the defense, attorneys Lisa Zavogiannis and Billy Tollison put on a short presentation, with their most powerful witness being a nearby resident who reported seeing a truck leave Johnson’s residence around 1:30 a.m. the morning of the murder. The defense hoped jurors would recall Farley and Sullivan arrived in a car, thereby leaving questions as to whether someone else had also come to the residence.
However, the defense was not enough to overcome Sullivan’s admissions to two jailers, made during his stay at Warren County Jail. Sullivan told the jailers he had hit a man, but denied killing him. While Sullivan never named the man to the jailers, it was taken that the man he was referring to was Johnson.
Sullivan was further linked to the crime by a bandana found near the scene, close to where lawmen also found Johnson’s empty wallet. A pair of witnesses testified Sullivan often wore that particular bandana.
The conviction comes despite the fact prosecutors were unable to introduce Sullivan’s alleged confession to his former attorney, Bart Stanley. The statement was made an issue after Sheriff’s Lt. Jody Cavanaugh testified in a preliminary hearing in 2000 that he overheard Sullivan admit to killing Johnson. The statement was overheard through a listening system in the booking room of the jail where Sullivan was talking to his attorney. The court ruled the admission could not be used because it violated attorney-client privacy.
While the statement was not used, the defense believes it may have still played a role because some jurors admitted they had read newspaper stories detailing the statement. Each member of the jury; however, told the court they could set aside what they heard on the case and base their verdict solely on the evidence presented from the witness stand.
Sullivan’s sentencing hearing is Oct. 9.