Christopher Sullivan, 57, who served many years as the city attorney in Rutland, was sentenced in 2015 to four to 10 in jail for driving drunk and leaving the scene of a crash that killed Mary Jane Outslay, 71, of Mendon.
His attorney, Joshua O’Hara, asked the court to reconsider limitations on Sullivan’s sentencing in light of evidence “that he has, in fact, accepted responsibility for his actions since the first sentencing hearing and has begun rehabilitation.” That evidence could be submitted by an expert witness or members of his family “who are in the best position to understand how he would show grief and acceptance.”
The Vermont Supreme Court earlier this year upheld Sullivans’ convictions, but overturned his sentence, ruling that he should have been allowed more time to hire and present “mitigation” expert testimony to help explain his actions.
The Supreme Court stated that the trial judge had “abused its discretion” by not granting a continuance to that first sentencing hearing.
“The request to delay sentencing for a few weeks to enable defendant to make other arrangements, if he could, to have his mitigation expert available at the hearing, should have been granted, especially where the lack of mitigation proved to be an important issue at sentencing,” the decision read.
Judge Theresa DiMauro, who has presided over the case, said at a hearing last month that she would limit the scope of the sentencing hearing to just the testimony of a “mitigation” expert regarding why Sullivan fled the crash scene.
“The only thing that’s raised in his appeal relating to sentencing is the defendant’s inability to present a mitigation expert,” DiMauro said. “That’s it.”
DiMauro appeared adamant that she didn’t intend to open the hearing to testimony beyond the “mitigation” expert. She did allow O’Hara time to file a written brief supporting his position.
Though, she told him, “I’m not going to change my mind.”
At the new sentencing hearing, she added, Sullivan could receive a lower sentence, the same sentence, or a harsher one, such as the sentence prosecutors requested at the 2015 hearing of eight-to-15 years in prison.
The new sentencing hearing is set for June 29 in Rutland Superior criminal court.
O’Hara, reached Friday, said given the judge’s comments, he doesn’t expect she will hold a hearing on his latest request.
Assistant Attorney General Ultan Doyle, who prosecuted the case, could not be reached Friday for comment.
Sullivan fled the scene of the crash that took place about 7:45 p.m. on April 10,2013, according to court records. Sullivan drove into Outslay as she tried to cross Strongs Avenue in downtown Rutland. A day later, court records state, Sullivan went to the city police station and told them he was the driver involved in the fatal crash.
O’Hara, in his latest filing, asked the judge to reconsider limiting the scope of the new sentencing hearing, and allow more testimony to be presented.
“Trial counsel’s request for services encompassed psychological factors related to Mr. Sullivan’s alcohol use, risk factors that presumably precipitated the offense,” O’Hara wrote, “as well as sentencing recommendations for the Court.”
Also, the defense attorney wrote, nothing in the Supreme Court’s ruling prevents the court from hearing additional testimony, in particular, about his client’s rehabilitation while behind bars to show that he deserves a lesser sentence.
“The (Supreme Court) opinion may have highlighted expert explanation of why Mr. Sullivan left the scene as reasonable and potentially valuable testimony,” O’Hara wrote, ‘but the opinion was not limited to that subject alone.”
Since the hearing last month, Sullivan has posted bail, his wife putting down a required 10 percent, or $50,000, on his $500,000 bail. Should Sullivan flee, his wife would be on the hook for the full $500,000.
