Joe Harris Sullivan Serving a Life Term since 13-year-old for raping a white 72-year-old woman. A non-homicide crime.
The 72-year-old victim testified that her assailant was “a colored boy” who “had kinky hair and he was quite black and he was small.” She said she “did not see him full in the face” and so would not recognize him by sight. But she recalled her attacker saying something like, “If you can’t identify me, I may not have to kill you.”
At his trial, Mr. Sullivan was made to repeat the following sentence “If you can’t identify me, I may not have to kill you,” several times.
While on the witness stand, the 72-year-old woman said “It’s been six months, it’s hard, but it does sound similar.”
The trial lasted just a day and ended in conviction. Then Judge Nicholas Geeker, of the circuit court in Escambia County, sentenced Mr. Sullivan to life without the possibility of parole.
“I’m going to send him away for as long as I can,” Judge Geeker said.
Its been twenty years since Joe was sentenced. He is now 33-year-old, and his lawyers have asked the United States Supreme Court to consider the question of whether the Eighth Amendment’s ban on cruel and unusual punishment extends to sentencing someone who was barely a teenager to die in prison for a crime that did not involve a killing.
Joe Sullivan is one of only two 13-year-olds in the United States to be sentenced to die in prison for an offense in which no one was killed. Both boys are African-American. The other is Ian Manuel, who is in prison for a 1990 robbery and attempted murder. Both of these sentences were imposed in Florida, making Florida the only state in the country to have sentenced a 13-year-old to die in prison for a non-homicide.
A severely mentally disabled boy, Joe was blamed by an older boy for a sexual battery that was allegedly committed when they broke into a home together.
The older boy received a short sentence in juvenile detention, but Joe was tried as an adult, convicted of sexual battery, and sentenced to life imprisonment without the possibility of parole.
Equal Justice Initiative (EJI) attorneys are now asking the Supreme Court to review the case and decide that Joe’s sentence to die in prison for a non-homicide at age 13 violates the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishments. According to court papers and a report from the EJI, which now represents Mr. Sullivan, only eight people in the world are serving sentences of life without parole for crimes they committed when they were 13. All are in the United States.
About 1,000 people under 15 are arrested on rape charges every year, according to Justice Department data. But none of them have been sentenced to life without parole since Mr. Sullivan was. Indeed, no 13-year-old has been sentenced to life without parole for any crime that did not involve a killing in more than 15 years.
Florida’s attorney general, Bill McCollum, waived his right to file a response to Mr. Sullivan’s petition to the Supreme Court, a sign suggesting that he considers the case insubstantial if not frivolous. Sandi Copes, a spokeswoman for Mr. McCollum’s office, declined to discuss the case.
Last month, the court indicated that it found the case more interesting than Florida does, requesting a response from the state. That probably means that at least one justice considered the case significant or difficult. But it is nothing like a guarantee that the court will agree to hear it.
On the other hand, the question of whether life without parole for juveniles is constitutional is the logical next step following the court’s 2005 decision in Roper v. Simmons, which struck down the death penalty for crimes committed by 16- and 17-year-olds. Writing for the majority in that case, Justice Anthony M. Kennedy said that even older teenagers are different from adults. They are less mature, more impulsive, more susceptible to peer pressure and more likely to change for the better over time.
Last year, in Kennedy v. Louisiana, the court issued another ruling that helps frame Mr. Sullivan’s case. That decision said crimes against individuals that did not involve killing, including the rape of a child by an adult, may not be punished by death.
In 2007, after Mr. Sullivan had served almost two decades in prison, a Florida appeals court declined to have another look at his case. The Roper decision, the appeals court said, “established only one new constitutional right, the right for a juvenile not to be given the death penalty.”
Mr. Sullivan’s trial, for instance, lasted a day. He was represented by a lawyer who made no opening statement and whose closing argument occupies about three double-spaced pages of the trial transcript. The lawyer was later suspended, and the Florida Bar’s Web site says he is “not eligible to practice in Florida.”
There was biological evidence from the rape, but it was not presented at the trial. When Mr. Sullivan’s new lawyers recently sought to conduct DNA testing on it, they were told that the state had destroyed it in 1993.
“I absolutely believe he is innocent,” Bryan A. Stevenson, the executive director of the Equal Justice Initiative, said of Mr. Sullivan. Mr. Stevenson said he believed that one of the older youths who committed the burglary with Mr. Sullivan and who testified against him was probably the actual assailant.
But the point made by Mr. Sullivan’s brief to the Supreme Court is not that he is innocent. It is not even that he should be released after 20 years in prison. It is only that he should someday be allowed to make his case to the Florida Parole Commission.
“I don’t think it’s possible to say that a 13-year-old will never change and that life without parole is an appropriate punishment,” Mr. Stevenson said.
Aside from Mr. Sullivan’s case, it seems there is only one other appeals court decision about whether young teenagers may be locked away forever for rape. It was issued 40 years ago in Kentucky, and it involved two 14-year-olds. The court struck down the part of the sentences precluding the possibility of parole.
Juveniles “are not permitted to vote, to contract, to purchase alcoholic beverages or to marry without the consent of their parents,” the court said. “It seems inconsistent that one be denied the fruits of the tree of the law, yet subjected to all of its thorns.”
Sound Off – Do you think this was a case of Cruel and Unusual Punishment?
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I have no problem with a person serving the time that the Law allocated for his/her specific crime. However, there are several issue in this case that concern me, namely:
1. The victim was asked to identify the voice of her attacked and she said “It’s been six months, it’s hard, but it does sound similar.”
2. There was biological evidence from the rape, but it was not presented at the trial. When Mr. Sullivan’s new lawyers recently sought to conduct DNA testing on it, they were told that the state had destroyed it in 1993. Isn’t that nice!!! It was destroyed!
3. Why was he given a Life Term for a non-homicidal case when other older white rapist in Florida are given 5 – 10 years.
4. He was represented by a lawyer who made no opening statement and whose closing argument occupies about three double-spaced pages of the trial transcript.
5. Florida Bar’s Web site says that Joe Sullivan’s lawyer is “not eligible to practice in Florida.”
Hey, thanks for the great post on Joe Sullivan. I had heard about his case initially from a NYTimes article, but your post presents newer information. I am actually writing a paper on Mr. Sullivan’s case, and I was wondering if you could direct me to some of your resources, specifically the one that states that Mr. Sullivan has a severe mental disability. Thanks in advance!
I too appreciate this article and I am writing a paper on Joe Sullivan’s case as well. I am focusing on the human element of the case and would like to know if anyone has resources about his life, childhood, mental disability, etc. Thank you!
also, does anyone have access to trial transcript?
This website needs to give credit to CNN.com for the text. Stop stealing information without giving credit.
All crimes against white folk, no matter how vicious, should be regarded as restorative justice–justice for the billions of people of color raped and lynched by white folk for the last million years, ripped from the paradise of AFRIKA where people of color lived in and edenic, communal harmony with each other and with nature. These are FACTS, not opinions.
This is truly a sad story. Joe should get a new trial ASAP. And kudos to the attorneys who are attempting to end such harsh sentences for juveniles.
dawg- Have you ever been raped or lynched by white folk? No? Then you should really SHUT-UP and re-read your history. Our people weren’t “ripped” from paradise. They were sold into slavery, to white folk, by our own people.
Violence is NEVER justified. If you really want to honor our ancestors and make them proud, you should get an education, work hard, and become something better than you are today. Then, their suffering will not have been in vain. Remember, the best revenge is living well.
Um hell yes i think that the time definitely does not fit the crime.Life, are you kidding me, no DNA evidence a quack lawyer, The witness couldn’t give a positive ID. A trial in one day. Who gives a minor a life sentence without parole? FL. that’s who. I feel 20 yrs. is long enough i hope justice is served and he gets released,poor guy may as well been lynched.
Should have fried him back in 89. I don't have much sympathy for rapists regardless of their age.
There are some crimes that should be punished without concern for age; Rape is one of them. This is the most horrendous violation of a person and the perpatratror should not be given the opportunity to reoffend, no matter the circumstances, race or mental status. I personally believe for rape and chold molestation, the death penalty should be used; god knows, if someone molested my child, that's exactly what they would receive.
If it has been proved conclusively someone has done this, they should rot in prison forever because you can't cure someone who has a propensity for these crimes.
Dawg – You are the reason people call us Monkey and other names. Are you serious? What an idiot. White people bought slaves from nations in Africa – these were criminals who would have otherwise been killed. So, in essence, though the treeatment sucked, your ancestors would have BEEN KILLED had they not been sold into slavery. So, be grateful. And shut the hell up.
PS – Dunbar Village in Florida – look up that rape. 10-15 juveniles raped a mother and HER SON. Black perptrators and black victims. Those little criminals need to die in jail.
Wow DAWG. You are really stupid. I am not one to condone actions of white Americans throughout history, but if you are so very interested in FACTS, might be interesting for you to know that Africans from this so called "paradise of AFRIKA where people of color lived in and edenic, communal harmony with each other and with nature" were the ones that sold Africans to the people. The civil rights movement of the 1960's have left many people with the belief that the slave trade was exclusively a European/USA phenomenon and only evil white people were to blame for it. This is a simplicistic scenario that hardly reflects the facts.
Thousands of records of transactions are available on a CDROM prepared by Harvard University and several comprehensive books have been published recently on the origins of modern slavery (namely, Hugh Thomas' The Slave Trade and Robin Blackburn's The Making Of New World Slavery) that shed new light on centuries of slave trading.
Thousands of records of transactions are available on a CDROM prepared by Harvard University . hat these records show is that the modern slave trade flourished in the early middle ages, as early as 869, especially between Muslim traders and western African kingdoms. For moralists, the most important aspect of that trade should be that Muslims were selling goods to the African kingdoms and the African kingdoms were paying with their own people. In most instances, no violence was necessary to obtain those slaves. Contrary to legends and novels and Hollywood movies, the white traders did not need to savagely kill entire tribes in order to exact their tribute in slaves. All they needed to do is bring goods that appealed to the kings of those tribes. The kings would gladly sell their own kins. Might be a good idea to know your history before you make such wild claims.
As for this case, this individual seems to have completely railroaded sicne day one. What a shame. I find it odd that we call a 16 year old a "child" when it comes to making a decision about consensual sex with a 18 year old boyfriends, but a 13 year old is called an "adult" when they make a decision to commit a crime. Our thinking here is very absurd, and this case particually sickens me.
James T:
I agree with you about some crimes do not need an age limitation, having been sexually assulted at 14 myself. But unfortunetly this is not the way our country treats the violent act of forceful sex on women. In most states RAPE of a woman carries a 3-8 year sentence. If the rapist uses a weapon, the conviction can be longer, some resulting in 25 years. But let's be honest, how many 190 pound men need a weapon in order to rape a 14 year old girl? They are aware of these laws, and they are aware that the punishment lacks any serious consequences. So until we get it RIGHT for all woman, children, or men that have been raped, and start putting these scumsbags away for SERIOUS time, I don't beleive we should aggressively punish one, mentally handicapped, Afican American child-even if he did commit this crime.
The story leaves out a key piece and that is that this kid was a public terror and habitual offender by the time this crime was committed. It was obvious he had total disregard for the law by continually being released from juvenile detention just to re-offend. IMO he definitely committed the rape for the simple fact that he was mentally disabled. Think about it, what normal teenager looks at a wrinkled 72 year old lady and says oh yeah I gotta have some of that ? They definitely have got to make a law that prohibits the destruction of DNA evidence. IMO this is purposely done by these states to save them embarrassment of wrongful convictions as well as money that would come from settlements to these men once they are exonerated.
Joe, you are correct. Our focus, at the time the story was written, was the life term sentence for rape.
DNA was not used very often at the time this rape took place. The first time it was used in this country was in 1987 just two years before this crime. DNA testing was also expensive and was not readily available for the prosecution of very crime. The DA thought the case was an easy one. The two other boys claim he did it and the 13 year old admitted to breaking into her house and robbing her. It was an easy conviction and no appeal was filed. After 5 years they tossed out the evidence used in the case. Now 22 years latter you want to test for DNA? It is not practical to save every piece of evidence for every crime for ever. 3 of the 4 people that were there say it was this kid. I personally think the other two should have been locked up for life as well if they even knew what the third was doing to this old lady.
haha yeah in response to mr. DAWG -
ok yeah i understand that white 'folk' have made some mistakes. but it is absolutely not the job of the black 'folk' to punish them for it. and i think if every black person in america thought the way you did, the ethnicity would not survive much longer in the USA. Fortunately, there are too many intelligent, friendly black people out there for the USA to have a need to get rid of blacks. Those are the black people that are simply trying to make a fallen world a better place. Those are the people that are seeking to fix problems rather than create more. Those are the people that i would fight for, that i would die for. Those are the people that bring SHAME to the other ignorant black people like you that would make a comment like. Sure, we may have brought alot of blacks over here in a rough way, but we realized it was wrong. we offered to make it up to you by ALLOWING you to live in this beautiful, amazing country with the same rights that we share. And we NEVER asked anybody to stay after that. So here's what i have to say to you 'DAWG', if you don't like white people, then go back to AFRIKA. And take everybody else whith you that thinks like you do.
p.s. – idk where the heck you went to school, but maybe you need to get a dictionary and look up the word 'fact'. because in your little online outburst, i saw 0% facts, and 100% hateful anti-white-person OPINIONS.
well, i am not too sure if Sullivan might have a shot at parole (or even release), especially after two decades since he was convicted of rape. a life sentence had been imposed and people are kinda expecting that he remains in prison until the day he dies. you know, whenever i hear about these things, sometimes, i don't know, i feel the need to think twice or more times over this sorta thing. i may also come to think that life incarceration might've been necessary since this was a felony offense but somehow, he might get a shot at parole, if that's what some of you might be thinking. he was given life without parole. so, i would say that whether or not he should be let out on parole is not yet official, considering some parts of the story. maybe it was the necessary thing for the court to do, but for those of you who think he ought to be let out after all that he's been through these past twenty years, well, i guess that might be up to the court to decide whether joe sullivan ought to be granted parole or whether he should continue serving his term, life imprisonment. i know how sad it might be for us to see or hear about someone serving a life term for a crime he or she committed at a young age, like 13 or 14 years of age. but if the court decides that he ought to serve a life sentence, well, it will be a bigger lesson for this troubled fellow to learn from, which i hope he will. believe me, the advice we ought to give to those serving life sentences, even without parole, is that the only way out for them might be for them to do whatever that is they can to help them change their behavior, like doing work, community or prison labor, spend as much time in the library as needed reading books that could alter their character, take time to sort of know each other, if necessary, or possibly taking part in a special program, if provided, to help them understand who they really are and learn some important concepts that could really help them in some sorta way. but anyways, what i'm saying is that it might be still unofficial as to whether or not putting sullivan away for life was the right thing to do in the best interest of the supreme court. but like i said, it is up to the court to decide whether sullivan ought to be let out on parole or continually be incarcerated for the rest of his life. just cross your fingers and hopefully, you guys may find out soon enough if sullivan ought to spend the rest of his life in prison or be released on parole. i know some of you don't believe so but sooner or later, you're gonna have to find out, anyway.