The Roman Catholic nun convicted of stealing from the church, and sentenced to 3 to 5 years wants to withdraw her guilty plea.Sister Barbara Markey had cut a deal with prosecutors, but says now not everyone lived up to it.
Walking into court in cuffs and chains, 73-year old Sister Barbara Markey didn't look like a threat to escape.
The nun is in court to ask Judge Thomas Otepka to let her withdraw her guilty plea, and schedule a trial.
Bill Gallup says, "If a judge wants to do justice in this case he can set aside the plea, it's up to the judge."
Back in July Markey hinted to reporters that there was more to this case then what people may think.
Marley was headed to prison for at least 18 months, but she wasn't going quietly. Escorted by deputies Markey told reporters, "I don't think the whole story has been told at all."
Today her attorney said the plea deal she agreed to was sabotaged by the same priest who fired her.
In the letter to the court, Father Greg Baxter wrote to Judge Otepka, "The role of sentencing is the court's responsibility" that according to Gallup violates the plea deal and Markey deserves a new trial.
Shawn Hagerty says, "Really it boils down to she doesn't like the sentence that she got and she's asking the court to withdraw her plea so she can do something else based on what we heard here today, I don't see that happening."
Gallup says it's more than that.
He says all parties, from Markey to prosecutors to the church agreed they wouldn't oppose probation, and probation was supported in the pre-sentence investigation report, but Markey didn't get probation.
Bill Gallup says, "In 50 years I've never had a plea agreement that wasn't upheld by a judge now it's true they don't have to accept the plea agreement they're not bound by it but as I said I've never had one yet that was rejected."
Father Baxter did not return calls asking for comment.
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(Source: NRH)