Murray defense continues battle

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July 3, 2008

Decision on suppression of vehicle search set for July 25

By Loyd Cook The Corsicana Daily Sun Thu Jul 03, 2008, 09:13 PM CDT

A lengthy pre-trial hearing recessed Thursday afternoon without a decision on whether or not defense claims of an improper search of suspended justice of the peace Donna Murray’s vehicle was legal — a search that yielded a small quantity of crystal methamphetamine.

Judge George Allen set the completion of the hearing for 10 a.m., July 25. At that time, he will call for closing arguments before issuing a ruling on the legality of the search.

That date negates a scheduled July 14 date for the criminal trial connected with the drug charge pending against Murray. The judge said that trial will now have to be rescheduled after he issues a ruling on the legality of the vehicle search.

Murray was arrested in October 2007 after the discovery of the substance in a black cosmetic bag located in the console between the two front seats of her personal vehicle. She was subsequently suspended with pay by the Texas Commission on Judicial Conduct.

In April of this year, Judge Allen ruled that her salary should be halted.

Thursday, defense counsel Larry Finstrom argued that the original search warrant only covered Murray’s justice of the peace offices and not her personal vehicle. He also argued that Detective Sgt. Stan Farmer of the Navarro County Sheriff’s Office did not allow Murray to seek advice from an attorney before the search of the vehicle.

On the witness stand, Farmer testified that he never thought of searching the vehicle until after he told Murray what he was looking for — a black case.

His knowledge of the black case came from “an unnamed citizen,” according to the affidavit he filed to obtain the search warrant.

Farmer testified that when he told Murray about the case, she said she had a black glasses case in the back of her vehicle. When he asked if he could look at the car, Farmer said, Murray said she thought she might need to talk to an attorney.

“I told her it was a ‘yes or no’ question,” Farmer said of his own question. But he said he never denied her the opportunity to contact her, although when Finstrom noted that Murray wasn’t “free to go” during the search processes, Farmer said there were “plenty of telephones available” for her to use.

Finstrom’s counter argument was a document attorneys referred to as “the return” on the search warrant, which contained a report about the disposition of that warrant. The attorney noted a narrative that Farmer submitted, stating that Murray was arrested and then the office search was done.

Under questioning, the detective said that “return” was a form that comes straight from district attorney’s office computers and the word “arrest” was something that was from the computer.

Assistant district attorney John Westbrook asked Farmer if Murray was under arrest that day or at any time that day. The detective said she wasn’t and noted that she was arrested until a few days after the discovery of the methamphetamine.

Farmer did note that also found in the cosmetics bag were two “compacts” and that one of those in that bag came from the same “lot number” as an similar compact he had found in Murray’s bag during the office search.

He also testified that Murray, after being told her rights by NCSO Capt. Elmer Tanner, and hearing them read by Farmer from a form she filled out and signed, claimed ownership of the cosmetics bag in order to get her makeup.

According to an inventory of confiscated items that was included with documents returned to the district judge’s office after the search was completed, those compacts were first listed, then scratched off the list after they were returned to Murray.

In an unrelated matter, Finstrom will offer pre-trial motions connected with a misdemeanor charge pending against his client. That pre-trial hearing is scheduled for July 17.

Murray was charged with attempting to run a background check on a private citizen — a Class B misdemeanor in that case.

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Loyd Cook may be reached via e-mail at lcook@corsicanadailysun.com

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