Published: July 23, 2008 08:27 pm            

Murray legal process takes next step

Defense arguing in favor of throwing out search of suspended JP’s personal vehicle

The winding, tortuous route through the legal system continues for Donna Murray, the suspended justice of the peace facing a drug possession charge.

In a pre-trial hearing Friday, attorneys for the state and her defense will present arguments concerning the legality of the October 2007 search of her SUV that resulted in the criminal charge against Murray.

That hearing is set for 10 a.m. in the first floor courtroom at the courthouse.

Murray was arrested in October 2007 for possession of methamphetamine. She was indicted the same month. Subsequently, the State Commission on Judicial Conduct suspended her with pay. Earlier this year, visiting Judge George Allen of Waco ruled that the suspension would be without pay, stripping her of the approximately $4,300-per-month salary that goes with the job.

Last month, Murray was again arrested, this time for attempting to run a background check on a private citizen. She has been charged with a Class B misdemeanor in that case.

Friday’s proceedings will be a continuation of a July 3 hearing where a motion to suppress the vehicle search was presented by Murray’s attorney, Larry Finstrom of Dallas.

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.

Farmer testified during the July 3 proceeding that he presented Murray with a “yes or no question” concerning the search of her vehicle. He also testified that Murray herself opened a back hatch on her SUV to show him a black glasses case and, moments later, agreed to let him and Detective Clint Andrews search her vehicle.

Andrews found a black cosmetics bag in a console of the vehicle with small baggies inside. Later tests by the Texas Department of Public Safety Crime Lab in Waco yielded a positive result for methamphetamine from the small amount inside the bag.

Friday, visiting judge George Allen will hear final arguments from Finstrom and the district attorney’s office.

Whether Allen will issue a ruling on the validity of the vehicle search on Friday is unclear.

—————

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

        

• Click to discuss this story with other readers on our forums.