LOGAN — The judge overseeing the case involving Anthony Murphy, a 51-year-old Smithfield man found guilty of brutally assaulting a woman in 2009, has rescheduled sentencing for Monday after denying the defendant’s motion to arrest judgement.
Anthony appeared in 1st District Court Thursday afternoon with his public defenders, Shannon Demler and Bryan Galloway.
Demler argued they had filed the motion because during trial, the state focused more on the witnesses of other allegations that had occurred previously, and not on the victim in the case. He also said the victim’s testimony during trial about how Murphy’s ex-wife had shot him five times prevented him from receiving a fair trial.
State attorney Spencer Walsh argued, prosecutors never intended for the victim to talk about the shooting allegation and had tried carefully while questioning her to avoid bringing it up. He also said since the judge prohibited the ex-wife from testifying, the jury never heard the additional evidence around the shooting.
Judge Thomas Willmore denied the defense’s motions and rescheduled sentencing for Monday.
In May, a jury found Murphy guilty of aggravated sexual assault and aggravated kidnapping, both first-degree felonies, forcible sexual abuse, a second-degree felony, and aggravated assault, a third-degree felony. During the trial, the victim testified how Murphy raped and assaulted her for over two hours, after she argued with him about a text message he’d received from another woman. He could face up to life in prison.
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