Sep 30, 2013

Murphy to get MonDay, sanctions for felony

BY BOB ROBINSON
ASSOC. EDITOR
GREENVILLE – “I know I need help,” said defendant Jennifer Murphy. “I deserve everything I get. I want to make a better life for me. I got a job…”

Which according to her attorney, Randall Breaden, she likely no longer has. Murphy has spent the last week and a half in Greene County Jail on an unrelated felony charge, and was transported to Darke County for her sentencing in the Common Pleas Court of Judge Jonathan Hein on Sept. 30.

Murphy pleaded guilty to one Felony 3 count of Attempted Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs (Methamphetamine). The maximum possible prison term was three years. Maximum fine $10,000. A prison term is not mandatory or presumed necessary.

Based upon Murphy’s cooperation, Darke County Prosecutor Kelly Ormsby recommended community control sanctions to include supervised probation, the successful completion of the MonDay program (or similar treatment program), a mandatory fine of $5,000, community service and court costs.

Murphy pleaded guilty on July 24. Following her plea, her co-defendant, Robert Harris, changed his plea to guilty for the same Felony 3 charge on July 30. He was sentenced to three years in prison.

Breaden told the court Murphy has done everything asked of her by the state and noted the Greene County charge had actually occurred prior to her indictment in Darke County. She was arrested on a Bench Warrant a week and a half ago.

“There had been no problems at all while on pre-release supervision. She had gotten a job but may not be employed now. Greene County muddied up the situation,” Breaden said.

Murphy, often in tears, told Hein she wanted to get her mental health back where it should be.

“They talk about MonDay; I’d like to go where they deal with drugs and mental health. Hopefully my job will be there when I get back. They gave me a chance before.”

She spoke of years in an abusive relationship and children at an early age. She said her ex-husband had beat her up in 2012; that she has been diagnosed with a bipolar disorder and post-traumatic stress.

“I just want to be given a chance to prove to everyone I’m not a waste,” she said.

Hein turned to the visitors in the courtroom.

“Welcome to my world,” he said, noting the average person doesn’t understand this. To Murphy, “Nobody in this room believes you are a waste. Your drug use is the waste. You earned community sanction because you cooperated with the state. If you don’t take advantage of it, prison is next.”

Hein sentenced Murphy to 57 days in jail, with credit for 57 days served. He then followed the state recommendations, adding recommended counseling must be completed, no alcohol or drugs, random testing, 40 hours of community service and, while in MonDay, get her GED.

Sentencing will begin once charges in Greene County have been resolved.

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