What to Know
- The McMorris family returned to Suffolk court Wednesday, hopeful of moving closer to justice for their son Andrew -- a 12-year-old boy who died after a man convicted of driving drunk plowed into him and his Boy Scout troop in 2018.
- However, the day seemed to bring only more frustration for the family as they wait for the sentencing of Thomas Murphy, Andrew's convicted killer, who remains free on bail.
- Murphy’s lawyer was so vehement in his arguments he threw his pen during an exchange with the judge. Later, the judge found Steven Politi in contempt of court.
The McMorris family returned to Suffolk court Wednesday, hopeful of moving closer to justice for their son Andrew -- a 12-year-old boy who died after a man convicted of driving drunk plowed into him and his Boy Scout troop in 2018.
However, the day seemed to bring only more frustration for the family as they wait for the sentencing of Thomas Murphy, Andrew's convicted killer, who remains free on bail.
Sixty-one-year-old Murphy was supposed to be sentenced late August in Central Islip for the 2018 death, but that did not happen due to allegations of jury misconduct.
The judge postponed the sentencing last month after four jurors came forward, signing affidavits of alleged misconduct during last year’s trial. The jurors said they discussed the case and even read news accounts during the trial – something the judge warned them not to do.
Murphy was convicted of driving drunk and slamming his SUV into a group of Boy Scouts out on a hike, injuring several and killing 12-year-old Andrew McMorris.
Following last month's development, the McMorris family expressed outrage outside court, saying that the defense brought these allegations forward simply to delay sentencing and keep Murphy out of prison for as long as possible. Murphy is facing up to 25 years behind bars.
“This is completely outrages,” Andrew’s mother Alisa McMorris said through tears. “And to put a victim’s family through this is unconscionable.”
However, on Wednesday, Murphy’s lawyer was so vehement in his arguments he threw his pen during an exchange with the judge. Later, the judge found Steven Politi in contempt of court.
"I don’t think I committed contempt. I was trying to go ahead and represent my client," Politi said.
After Wednesday's court fireworks, 18 jurors and alternates began answering questions about their conduct during the trial.
One denied he read news accounts of the trial. Another reported hearing a half dozen off-handed comments by fellow jurors, including "that wasn’t right" or "that can’t be."
Nevertheless, juror No. 8 denied anything influenced her guilty verdict, saying that jurors tried very hard to maintain the integrity of the process.
The McMorris’ believe all of this is meant to delay Murphy’s prison term, sentiments the Suffolk County's district attorney also shared last month, calling the defense tactics a mean-spirited means of keeping their client out of prison for as long as possible, while insisting the guilty verdict will be upheld.
