The Long Island man accused of striking and killing a 12-year-old Boy Scout while driving drunk is asking for a new trial, claiming there was misconduct and bias in his first trial.
"It’s like it all came rushing back," said Alisa McMorris, as she and her husband John said it was like reopening old wounds.
The parents of 12-year-old Andrew McMorris sat Thursday in an appellate court in Brooklyn as lawyers for Thomas Murphy asked for a new trial for the man convicted of killing their in a drunk driving crash almost five years ago.
"All we are trying to do is heal and do good things in Andrew’s honor. For them to constantly come back and reopen those wounds is cruel," said John McMorris.
A jury found Murphy guilty of aggravated vehicular homicide in the 2018 crash. According to the McMorris family, lawyers for Murphy requested a new trial based on allegations of prosecutorial misconduct and judicial bias during Murphy’s 2019 trial.
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The McMorris’ believe the verdict was just
"The jury was given the facts, the evidence, the testimonies. Everything was there," the father said.
The New York appellate court will now decide if Murphy’s conviction will stand. He’s currently behind bars, serving a prison term that could keep him locked away for up to 25 years.
"Everybody deserves their day in court. Our appellate process is part of our judicial process. But it feels cruel," said Alisa McMorris.
A new trial, the parents say, would force them to relive the horrors of that fateful day, when an SUV plowed into a group of Boy Scouts in Manorville. Andrew was killed and several others were injured — and revisiting the painful memories is something the McMorris family hopes to avoid.
"We’re staying positive that justice will be prevail and that his sentence and conviction will be upheld," John McMorris said.
The Suffolk County District Attorney declined to comment on Murphy’s appeal. Murphy’s lawyer didn’t respond to requests for comment.
A decision could come as early as next week.
