What to Know
- Sixty-one-year-old Thomas Murphy was supposed to be sentenced Wednesday in Central Islip for the 2018 death of 12-year-old Andrew McMorris, but that did not happen due to allegations of jury misconduct.
- The judge postponed the sentencing 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.
- There was surprise, anger and tears at the courthouse as the sentencing that was already put off six months because of the pandemic, was delayed yet again, allowing Murphy, a convicted drunk driver to walk out of court a free man for the time being. A hearing has now been scheduled for next month to investigate these allegations.
Wednesday morning brought a strange twist in the trial of the man accused of killing a boy scout while driving drunk two years ago.
Sixty-one-year-old Thomas Murphy was supposed to be sentenced Wednesday in Central Islip for the 2018 death of 12-year-old Andrew McMorris, but that did not happen due to allegations of jury misconduct.
It was a rash of surprise, anger and tears at the courthouse as the sentencing that was already put off six months because of the pandemic was delayed yet again, allowing Murphy, a convicted drunk driver to walk out of court a free man for the time being.
The judge postponed the sentencing 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.
A hearing has now been scheduled for next month to investigate these allegations.
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 Wednesday'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.”
Andrew's father, John McMorris, shared similar sentiments outside court.
“It’s been 700 days since Andrew passed and we still can’t get justice,” he said. “This is cruel and unusual and despicable what they are doing to us.”
Meanwhile, Murphy’s lawyers want the verdict to be set aside and they want a new trial for their client. The judge will decide that next month.
"I think the district attorney’s office, it’s the first time we’ve agreed on anything, understands that these allegations, if true are serious and would affect my client’s right to a fair trial and in fact they did,” Murphy’s attorney, Steven Polisi, said.
Suffolk County's district attorney called the defense tactics a mean-spirited means of keeping their client out of prison for as long as possible, and insists the guilty verdict will be upheld.
"This is completely outrageous and to put a victim's family through this is unconscionable," said Alisa and John McMorris. "We embody Andrew's spirit as much as we can to get us through this hell, but justice will prevail."
