Defense attorney Kevin Sullivan says he will have to talk with convicted rapist Cary Hartmann next week to decide if his client wants to rescind a guilty plea to a rape that another man confessed to.
Hartmann, 39, a former Ogden reserve police officer, entered a guilty plea last February to an October 1986 rape in exchange for dismissal of more charges in two other rapes.He was convicted by an eight-member jury in September for another rape and was sentenced to prison for 15 years to life. He was again sentenced to prison after pleading guilty to the October 1986 rape, and the sentences are running concurrently.
But another serial rapist was captured in early April and he confessed to as many as 20 rapes, including the October 1986 sexual assault.
Now Sullivan said he has to meet with Hartmann to discuss whether to ask that the plea bargain be set aside.
"It's up to him (Hartmann)," Sullivan said. "One problem is that if you set aside the plea bargain, he might not get as good a deal if he's convicted of another rape."
Sullivan said if he asks that the guilty plea be set aside, and the state decides to prosecute Hartmann for one of the other two rapes, then his client might be convicted again and receive consecutive prison sentences.
Blaine Nelson, 33, Ogden, was the man who confessed to about 20 rapes. He was given a 30-years-to-life prison sentence on four of them.
He is also facing numerous charges for five sexual assaults in Cedar City and two more in Laramie, Wyo.
Sullivan said he read the written transcripts of Nelson's confession and it was unclear if Nelson really committed the rape because he didn't give specific details.
"Nelson didn't come right out and say, `Hey, I did that rape, not Cary Hartmann,' " Sullivan said.