Defense for accused drunken driver in Scout death case asks for special prosecutor

The lawyer for a Holbrook man accused of driving drunk and killing a 12-year-old Boy Scout has asked for a special prosecutor, alleging the Suffolk County district attorney's office has "poisoned" the jury pool by making public statements against his client and demonstrating a close relationship with the victim's family. 

Defense attorney Steven Politi has asked that Suffolk District Attorney Timothy Sini’s office be removed from prosecuting the case against Thomas Murphy, 60, because it has “closely aligned” itself with the victim’s family. The office asked them to speak at a public forum designed to divert youth from drinking and driving and has made “misleading and inaccurate” statements about his client, according to the motion filed Tuesday.

Murphy has pleaded not guilty to charges including aggravated vehicular homicide, assault and driving while intoxicated in the Sept. 30, 2018, crash in Manorville, which left Andrew McMorris dead and another Scout from Troop 161 seriously injured. Jury selection for Murphy's trial is slated to begin Tuesday.

The motion, filed by Central Islip-based attorney Politi, could be heard by Suffolk County Supervising Judge Mark Cohen as early as Wednesday morning in Riverhead. 

“The DA, while charged with the duty of prosecuting criminal cases should not act as advocates or lawyers for anyone and are bound ethically to seek justice and ascertain the truth,” Politi wrote in the motion. “They have not done that in this case.”

Sheila Kelly, a spokeswoman for Sini, said in a statement: "We are opposing the motion and will continue to seek justice in this case." 

In his motion, Politi cited statements Sini made to the news media asking people “to keep the McMorris family in their thoughts,” as well as making allegations about Murphy’s conduct, which he said have prejudiced the jury pool.

Additionally, Politi claims that Sini’s office prejudiced Judge Fernando Camacho, who is presiding over the case, against his client by submitting 176 victim impact statements and other letters to the judge prior to trial.

“The district attorney, in presenting the judge with these prejudicial letters did so in an effort to remove the court as an impartial tribunal,” Politi wrote. “In so doing, they improperly removed the defendant’s opportunity to have a bench trial.”

The motion does not indicate the date of the prosecution submissions, but a source with knowledge of the matter said the victim impact statements were given to the court after Murphy’s previous defense attorney submitted 101 character reference letters in support of his client to the court.

Politi disputed that.

Politi initially filed a motion asking to also have Camacho removed from the case and appeared on Monday before Supreme Court Justice William Ford, who told Politi the proper venue for that petition is the Appellate Division in Brooklyn. The state attorney general’s office, which is representing Camacho in the matter, did not respond to a message seeking comment Tuesday.

In the motion, Politi claims that when he told the judge he wanted him to recuse himself during an “off-the-record and in chambers” conversation, Camacho accused him of attempting to “grandstand” in front of the press. Politi wrote that Camacho suggested he was motivated to “get on the cover of Newsday by picking a fight with the court.”

Camacho previously denied a recusal motion from Politi, who said Camacho has further unfairly restricted him from emailing the judge.

Prosecutors have said Murphy began drinking vodka shortly after he arrived at the nearby Swan Lake Golf Club in Manorville the morning of the crash. 
Murphy registered a .13% blood alcohol content hours after the crash, according to prosecutors, but forensic toxicologists have estimated it was closer to .19% at the time of the crash — more than twice the legal limit of .08%.
Politi said in his motion that his client passed two field sobriety tests administered by a Suffolk police officer prior to his arrest.

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.