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Monday, July 29, 2024

Woman Sentenced After Pleading Guilty to Perjury

A Zanesville woman, Samantha Murphy, was sentenced Wednesday, July 24, by Judge Mark Fleegle. She will serve two years of community control on the somewhat unique set of facts in her case.

In December 2023, Murphy was assaulted by her ex-boyfriend and father of her child. The man – who had a history of domestic violence – assaulted and strangled her. Ultimately, she was able to call for help and she reported the event. Law enforcement found her injured, consistent with her call.

Later, in January 2024, Murphy appeared before the Muskingum County Grand Jury, where she changed her story. She informed the Grand Jurors that she had never been attacked and that her ex-boyfriend owed her $1,000 so she told him if he didn’t pay, she would get him locked up, and it was that threat which was the source of her original police report.

Murphy was subsequently indicted for perjury and extortion while her abuser walked free.

As the case progressed it was learned that Murphy was frightened of her attacker and for that reason tried to change the story to make the charges “go away,” a situation not uncommon in domestic cases.

The cycle of domestic violence is well-studied. Becoming free from an abuser most often involves multiple episodes of isolation, victimization, minimalization, denial, interrupted or abandoned pleas for help, reporting, reprisal, recantation and ultimately escape.

In Murphy’s case, the recantation led her to lie to the Grand Jurors.

In Muskingum County, victims have a role and a say in forming the outcome of their case, but that role is limited to informing the prosecution. The ultimate decision to determine prosecution is made by the prosecutor, and the prosecutor alone. This way the “blame” for charges being pressed sits squarely on the shoulders of the prosecutor.

The reason for this unwavering policy is the reality that victims often face pressures by their abuser, family and friends of their abuser, and others who seek to corrupt the criminal justice process. If a victim were permitted to exercise sole authority over whether a case proceeds with prosecution, pressure or temptation might overwhelm an already victimized person. That situation is referred to as a “moral hazard.”

The Muskingum County Prosecutor’s Office does not endorse moral hazards, and therefore it is the policy that when the prosecutor on the case believes that the crime occurred, prosecution will proceed whether or not the victim changes their mind about the charges.

As a result of her conviction, Murphy will perform hours of public service and obey the rules of probation for two years. Prosecution will move forward against her abuser.

“We will never permit acts which occur separate from the crime and outside of a courtroom to determine the outcome of criminal prosecution. Doing so moves litigation from the civility of a courtroom to the savagery of the streets,” according to Assistant Prosecuting Attorney John Litle, who handled the case. “The basic standards here apply to everyone. Don’t commit crime, appear as a witness when subpoenaed, tell the truth under oath, and appear when summoned for jury duty.”

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