Murder confession may be allowed
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Sullivan, 37, was to face a second trial beginning Monday for the May 2000 beating death of Louie Johnson, 63. However, the state court of criminal appeals has granted a delay in the case while it considers whether Sullivan’s alleged confession, overheard at the jail by a sheriff’s deputy, will be allowed into evidence.
Sullivan was convicted for killing Johnson following a recent trial but the conviction was thrown out because Judge John Weatherford found prosecutors failed to turn over a statement by co-defendant Margie Farley which could have been helpful to the defense. Farley, who is serving 37 years for her part in the murder, changed her story during the trial of Sullivan, claiming someone else killed Johnson.
Farley had originally fingered Sullivan for the robbery and murder. Her statement was not communicated to the defense by prosecutors, leading to the guilty verdict being set aside.
While able to gain a conviction in the first trial, prosecutors did so without being able to use Sullivan’s overheard confession in which a deputy said he heard the suspect telling his attorney he killed the victim. Judge Weatherford barred all references to the confession during trial.
With the second trial moved from Warren County to what is yet an unannounced location, prosecutors sought to cover their bases and again asked the confession be allowed in – if only to dispute Sullivan should he get on the stand and deny having any knowledge of the killing.
Potter pointed out the appeals court found the question of law important enough to order a delay in trying the case while they consider it. A decision in the Rule 10 appeal could come as soon as a matter of weeks. However, there is no time limit on how long the court can consider the question.
Along with using the confession to contradict Sullivan should he take the stand, Potter noted there could be a chance the appeals court could permit the confession into direct evidence.