Murder conviction overturned:Eric Sullivan has guilty verdict dismissed
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Judge James L. Weatherford, who presided over the trial of Sullivan late last year, overturned the murder conviction and directed Sullivan be tried again on May 17. In making the decision, Weatherford pointed specifically to a statement made by co-defendant Margie Farley in which she told prosecutors, toward the end of Sullivan’s trial, that another person was responsible for the death of victim Louie Johnson, 63. Farley originally blamed Sullivan.
“The court finds that the clearly exculpatory (favorable to the defense) statement made by Farley during the course of the trial is material and should have been disclosed by the state,” Weatherford wrote in his decision. “Accordingly, the defendant’s motion for new trial is granted.”
Prior to the ruling, Sullivan was serving a 45-year sentence for the second-degree murder and robbery of Johnson who was beaten to death with a tire tool outside his Old Smithville Road trial in May 2000. Prosecutors say Farley, a friend of the victim, lured Johnson outside where he was fatally beaten by Sullivan. Farley is serving a 37-year sentence for facilitation of murder and robbery.
The statement which led to the verdict reversal was reportedly made by Farley as she was talking to prosecutors. Farley had already been convicted and prosecutors were determining if they would put her on the stand against Sullivan.
During those discussions, Farley reportedly brought up a new version of events and accused another person of the murder. Prosecutors chose not to put Farley on the stand. It was the failure of prosecutors to then tell the defense of Farley’s newest story which led to striking down of the verdict.
“We needed that information but it wasn’t given to us,” said Sullivan defense attorney Lisa Zavogiannis. “We’re optimistic and we’re glad to get another opportunity in court.”
District Attorney General Dale Potter said he is equally as optimistic Sullivan will again be convicted.
“Her new story just didn’t fit with her other stories,” Potter said.
Potter had said during Sullivan’s sentencing that Farley had told numerous different stories, but prosecutors were sure they had convicted the right person.
“It’s according to which lie you want to believe because she’s told about 10 different stories and accused several people of being the killer,” Potter said during sentencing. “We have no doubt we got the right person.”
Potter’s statements came after Farley, who was being led through the rear of the courtroom, started shouting in the middle of Sullivan’s sentencing.
“Before the trial I told them that he (Sullivan) didn’t kill him,” Farley shouted from the back of the courtroom as she was being led away. “They hid evidence.”
In passing sentence against Sullivan, Weatherford said he did not take into account Farley’s outburst. However, in reviewing the defense’s motion for new trial, Weatherford said the failure to turn over the evidence did warrant overturning the verdict.
Sullivan, who technically is no longer convicted, will likely be held under bond until his trial in May. Both he and Farley have been in jail since their arrests weeks after the murder. Despite the fact Farley’s statement led to overturning the verdict, Zavogiannis said she is not sure if she will call her to the stand for the defense in the upcoming trial.