Ga. Supreme Court hears double jeopardy claims in Sullivan case

<p>The mother of an Atlanta socialite gunned down on her doorstep nearly two decades ago said Monday she is confident she will get justice for her daughter as the state Supreme Court weighed whether to bar murder charges against the victim's husband.</p><p>State Rep. Jo Ann McClinton said she doesn't believe double jeopardy prevents Fulton County from prosecuting James Sullivan for the contract killing of McClinton's daughter, Lita Sullivan, on Jan. 16, 1987.</p><p>"It would be unfortunate for our judicial system to have the case thrown out," McClinton said. "We all see this defendant as we did the day Lita was killed and when we knew Jim Sullivan did it. We have not wavered at all."</p><p>Her comments came after defense lawyers asked the state Supreme Court to prevent county prosecutors from proceeding with their death penalty case against Sullivan because related federal charges were thrown out at trial in 1992.</p><p>Defense lawyer Don Samuel said the state charges, filed in 1998, violate Sullivan's right not to be tried twice for the same crime.</p><p>"In this case, they want a second bite at the apple, which the constitution and the Georgia statute says you can't do," Samuel told the justices.</p><p>But prosecutor Anna Green said the doctrine of dual sovereignty allows for state and federal governments to prosecute people for similar crimes. She said the key is the crimes alleged in each prosecution.</p><p>Green noted that the federal case alleged Sullivan made telephone calls for the intention of killing his wife, while the state case alleges he actually killed her.</p><p>"I think we can make the argument that it's not the same conduct," Green said. She said that while the crimes alleged in each case are similar, "they're distinct, they're separate."</p><p>"For that reason, the statute ... does not support the defendant's argument that the prosecution is barred," Green said.</p><p>In February, Superior Court Judge John J. Goger denied the defense's double jeopardy claims. The defense appealed to the state Supreme Court.</p><p>A decision by the high court could take several months. Sullivan's state trial, which had been scheduled for June 15, is on hold until the court's decision.</p><p>Sullivan, 64, is accused of paying a hit man $25,000 to kill his wife. The 35-year-old woman was fatally shot at her Atlanta home by a man carrying a box of pink roses.</p><p>Prosecutors say Sullivan feared losing money and a Palm Beach, Fla. mansion in the couple's divorce.</p><p>Sullivan fled the country around the time of his state indictment. He was arrested in Thailand on July 1, 2002, and returned to Atlanta in March 2004.</p><p>The alleged triggerman, Phillip A. "Tony" Harwood, pleaded guilty in February 2003 to voluntary manslaughter in Superior Court and was sentenced to 20 years in prison. In court papers filed in recent months, he has denied killing Lita Sullivan.</p><p>McClinton, the victim's mother, said Monday she is not concerned by changes in Harwood's story.</p><p>"As far as Harwood is concerned, as far as his statements, the methods he used, I'm very comfortable with that," she said.</p>

http://accesswdun.com/article/2005/7/142668