Plea deal in teen’s killing may collapse

Erica D. Johnson

Thursday, Jan. 23, 2003 | 9:15 a.m.

The man who pleaded guilty to lesser charges in the death of a Henderson teenager now wants to back out of his plea agreement.

Steven Finnegan of Henderson pleaded guilty in December to voluntary manslaughter and second-degree kidnapping charges in the 1998 killing of Jessica Heaney, a 16-year-old Silverado High School student.

Finnegan, who faced eight to 18 years in prison, was expected to be sentenced Wednesday before District Judge Kathy Hardcastle, but the sentencing was postponed after Special Public Defender Lee McMahon said Finnegan wants a new attorney while he considers withdrawing his plea.

Finnegan, 32, claims McMahon and other defense attorneys coerced him into pleading guilty, McMahon said.

"After the plea was entered he decided it was not in his best interest and said he wouldn't have entered the plea if it hadn't been for us," McMahon said.

At the suggestion of Deputy District Attorney Lisa Luzaich, Hardcastle agreed to appoint an independent attorney to review the case and determine whether Finnegan has grounds to back out of his plea agreement.

Luzaich objected to the withdrawal of the guilty plea.

A new attorney is scheduled to be appointed Jan. 27. It will be up to Hardcastle to decide if the plea can be withdrawn.

In order for a guilty plea to be valid, it must be voluntarily and knowingly made, McMahon said.

If Hardcastle allows the plea to be withdrawn, Finnegan will go to trial on the original charges.

In exchange for Finnegan's guilty plea, prosecutors dropped murder, sexual assault and first-degree kidnapping charges, which could have landed him a life sentence.

The plea came after an evidentiary hearing in which witnesses testified that Finnegan had a history of methamphetamine use and convictions for lewdness.