The Georgia Court of Appeals has overturned the 2011 conviction of a Milledgeville woman sentenced to prison in connection with the deaths of two men in a 2009 car crash.
Evidence of a prior methamphetamine possession conviction shouldn’t have been introduced at the trial for Tammi Lynn McMullen, according to the court’s July 9 ruling.
Because of other evidence in the case, prosecutors can take McMullen to trial again if they choose, according to the ruling.
McMullen was sentenced to 15 years in prison and 10 years on probation after she was found guilty of two counts of vehicular homicide and one count of DUI following a February 2011 trial in Baldwin County Superior Court.
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Evidence at trial showed McMullen rear-ended a 16-foot trailer filled with pine straw that was parked on U.S. 441 near Marshall Road on the north side of Milledgeville on July 21, 2009.
Buford Prosser Jr., 64, and his friend Albert Lee Harris, 55, both of Gordon, were caught between the truck and trailer during the collision. They had stopped in an inside lane after the trailer became unhitched from their Toyota Tundra. The men were trying to reconnect the truck and trailer when McMullen struck the trailer.
McMullen’s blood tested positive for methamphetamine, morphine and phentermine. At trial, she denied using methamphetamine prior to the accident. She testified the other substances came from her prescribed use of a painkiller and a weight control drug, according to the ruling.
The Court of Appeals ruled that McMullen’s prior conviction was not relevant.
McMullen has maintained that she’s not guilty and remains in prison, said Rick Gardner, her attorney.
In the time since her conviction, McMullen has lost everything she has, he said.
“She’s been through a year and a half of pure hell,” Gardner said.
Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.