MIDDLEBURG — William Gary Sullivan, convicted in 2004 of raping a 12-year-old girl in Shamokin Dam, will get a new trial in Snyder County.

The state Supreme Court Tuesday upheld the state Superior Court’s decision that Mr. Sullivan deserves a retrial because new evidence appears to show he was in another state in 1999 when one of three alleged sexual assaults on the girl took place.

“I understand why they didn’t want to hear the case,” District Attorney Michael Sholley said of the higher court’s decision. “It’s a difficult situation and would be making new law.”

Mr. Sholley prosecuted Mr. Sullivan in March 2004 in a weeklong jury trial that ended with the former registered nurse from North Carolina being convicted of sexually assaulting the girl on three separate occasions in 1999 and 2000.

Mr. Sullivan contended one of the dates of the assault was first disclosed at trial and he didn’t have time to provide alibi evidence of his whereabouts.

After his conviction, his new attorney, chief public defender John Reed, presented the court information that showed Mr. Sullivan and his family were visiting a Tennessee theme park during one of the alleged incidents.

“It raises a real question about the whole series of accusations,” Mr. Reed said Wednesday.

Mr. Sullivan had served three years of a 16 1/2 year- to 60-year sentence at the State Correctional Institution at Cresson when the state Superior Court granted him a new trial.

He was released on $50,000 bail in March and has been living in Florida with his wife and 14-year-old son pending the appellate court’s decision and new trial.

In a telephone interview last month, Mr. Sullivan said he was looking forward to having another chance to prove his innocence.

A new trial will likely take place in early 2008, Mr. Sholley said.

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