Judge Ernest B. Murphy - Disgraceful Scumbag Judge overruled by Supreme Court after letting child molester go free

SHAMEFUL

The Supreme Judicial Court has reversed a decision by Judge Ernest B. Murphy, who found an accused child molester not guilty after the alleged young victim went to the wrong courtroom and waited there for several hours, missing the start of the trial.

The SJC ruled Murphy “improperly entered” the not guilty finding last March before evidence and opening statements were presented.

Worcester District Attorney Joseph D. Early Jr. successfully argued Murphy “abused his discretion” and “committed errors of law” in setting the alleged child abuser free, according to court papers.

“The district attorney felt this case should have been heard and disagreed with the judge’s decision and the SJC agreed, so we will try the case,” Tim Connolly, spokesman for Early, told the Herald yesterday.

Murphy faces misconduct charges before the Commission on Judicial Conduct for sending letters on judicial stationery to Herald Publisher Patrick J. Purcell after winning a 2005 libel verdict against the paper following a series of critical stories.

The commission has until early April to rule on a hearing examiner’s recommendations that Murphy be publicly reprimanded for sending the “threatening” letters. Murphy is still out on “accrued time” from his $129,694-a-year post, according to court officials.

Murphy’s attorney Michael E. Mone said yesterday, “Lots of judges get overturned all the time.” He declined to comment further.

The SJC added that in ordering a new trial for the accused, Steven Lucero, there will be no “double jeopardy” because “no evidence had been presented.”

Webster police told the Herald yesterday Lucero was first charged with four counts of indecent assault and battery on a child under 14 in April of 2004.

The victim took last March 12 off from school to testify against Lucero, according to Early, and reported to Probate Court at 8:30 a.m. “waiting to be called” only to discover hours later that she had reported to the wrong courtroom.

According to the commonwealth’s brief, Murphy told prosecutors seeking a delay that day: “No, no. Counsel with all due respect, this case was on for trial at 10 o’clock in the morning and she did not appear.”