Newsday: Conviction upheld in death of Boy Scout Andrew McMorris

By Grant Parpan | Link to the Original Article

July 27, 2023

A state appeals court has denied a new trial for the Holbrook man convicted of killing Wading River Boy Scout Andrew McMorris and injuring two other teens in a drunken driving crash in Manorville in 2018.

Attorneys for Thomas Murphy, 62, had sought a new trial, arguing that alleged misconduct by prosecutors and judicial bias prejudiced the Suffolk jury that convicted him of aggravated vehicular homicide in the death of the 12-year-old McMorris and other charges. The appeal also brought up for review the denial without a hearing of a motion to controvert a warrant to obtain blood and to suppress the results of the blood alcohol test.

But the four-judge panel of the New York Supreme Court Appellate Division in Brooklyn upheld the conviction Wednesday, ruling that each of Murphy’s claims is “without merit.”

Attorney Steve Politi, who represented Murphy at trial, said Wednesday that his client will now seek to have the case reviewed by the New York State Court of Appeals, the state’s highest court.

“We’re obviously very disappointed with all aspects of the decision,” Politi said.

Suffolk County District Attorney Ray Tierney said in a statement that he’s “gratified that the appellate court has upheld the conviction of Thomas Murphy for the senseless and tragic death of Andrew McMorris.”

Said trial prosecutor Brendan Ahern: “Some trials stay with you forever. My hope is that today’s unanimous and unequivocal decision brings a measure of closure for the families … It was a solemn privilege to walk through fire with the victims’ families under challenging circumstances.”

Richard Mischel, the New York City attorney handling the appeal, had argued at a March hearing that acting Suffolk Supreme Court Justice Fernando Camacho allowed emotions to play into the jury’s verdict before handing down the maximum sentence of 8 1/3 to 25 years in prison.

“There is no evidence in the record to suggest that the County Court Judge was biased, nor is there any basis on which to reasonably question the court’s ability to impartially preside over the matter,” the panel wrote in its decision.

Other points raised in the appeal argued insufficient evidence to establish reckless driving, a required element of aggravated vehicular homicide; that Murphy’s rights to a fair trial were violated when the “irrelevant and inflammatory” testimony of a blood alcohol content expert was allowed; and that a blood warrant should have been suppressed because prosecutors lacked probable cause.

Mischel said it was bias on the part of Camacho that led to the evidence being allowed. He argued Murphy’s sentence was more in line with someone who might have left the scene of a crash.

“The sentence imposed was not excessive,” the panel wrote in its decision.

Alisa McMorris, Andrew's mother, said she felt a "great weight" has been lifted for her family and the family of Thomas and Denis Lane of Shoreham, both of whom were injured in the crash.

"I didn't realize how much of a weight was on me," McMorris said. "Not only for our case but for what this meant for vehicular crimes going forward."

Prosecutors argued Murphy spent the morning of the crash on Sept. 30 drinking vodka with friends at the Swan Lake Golf Club in Manorville before getting behind the wheel of his white Mercedes SUV after he rejected an offer by a friend to drive him home because he was too intoxicated to drive.

Roughly a mile from the golf course, Murphy's SUV veered to the right, crossed a white fog line and crashed into the Scouts, who were on a 20-mile hike.