Originally created 09/19/06

Attorney challenges confession



ATLANTA - Darryl Scott Stinski hasn't gone to trial yet for the 2002 murder of Susan Pitman and her 13-year-old daughter Kimberly and the arson of their home, but on Monday his attorney asked the Georgia Supreme Court for rulings on what evidence and testimony would be allowed.

Attorney Steve Sparger told the seven justices he shouldn't be required to turn over information gathered by an investigator that would damage Mr. Stinski's case.

"I shouldn't have to bring something that will kill my client," Mr. Sparger said.

Prosecutors are seeking the death penalty.

Dorian O'Kelley has already been convicted in a separate trial and sentenced to death in the case.

Mr. Stinski was arrested at Ms. O'Kelley's home and made a confession at the police station, but Mr. Sparger is asking the Supreme Court to throw out the confession because he said the arrest was made before the arrest warrants were signed by a judge.

"That statement was tainted by the illegality of the arrest," Mr. Sparger said.

Mr. Sparger also wants the Supreme Court to prohibit the use of gruesome photos showing the charred bodies because he fears they will spur jurors to unfairly take their revulsion out on his client.