Special prosecutor Stan Levco, who is Vanderburgh Countyâ€™s elected prosecutor, filed the charges Friday in Clark Superior Court 1. Murphy, 33, appeared in court with attorney James Voyles shortly after 1 p.m. Friday for a five-minute initial hearing before Judge Vicki Carmichael.
Carmichael entered an automatic â€œnot guiltyâ€ plea on Murphyâ€™s behalf and set bond at $25,000 court-cash, which means he posted about $2,500. Carmichael said the bond amount was standard for class B felonies. If convicted, the Utica resident faces six to 20 years in prison.
Following the hearing, Murphy was booked into the Michael L. Becher Adult Corrections Complex, but was immediately released because he had already posted bond.
In addition to serving as the countyâ€™s GOP chairman for several years, Murphy served approximately one month as president of the Young Republican National Federation. He resigned both posts after a police report relating to the July incident was leaked to the media. He said at the time he was resigning to pursue a business opportunity.
The 22-year-old man who claims Murphy sexually assaulted him notified police of the incident on Aug. 3, Clark County Sheriffâ€™s Department Detective Randy Burton said in a probable-cause affidavit. The man told police that he awoke shortly after 6:30 a.m. on July 29 to find Murphy performing oral sex on him. Murphy and the man stayed overnight at the home following a party there the previous evening.
According to the affidavit, Murphy and the man met on July 31 to discuss the incident and that the man tape recorded the conversation.
The affidavit states that on the tape, Murphy tells the man he thought the man had been â€œcoming onâ€ to him and that the following exchange took place between the two:
â€œI thought that you were awake. Itâ€™s my fault,â€ said Murphy. â€œIâ€™m not laying this off on you. Iâ€™m trying to explain what happened.â€
â€œI donâ€™t know, dude,â€ the man replied. â€œYeah, I donâ€™t know how you can possibly think that it was OK to do that, honestly.â€
Murphy said, â€œDude, I wasnâ€™t in my right mind. I wasnâ€™t thinking.â€
The affidavit also states that Murphy asked the man not to file a complaint with police and offered to help pay for his schooling.
Levco and Voyles spoke with the media following Fridayâ€™s hearing, but neither was willing to discuss specific aspects of the case in detail.
â€œThe affidavit speaks for itself,â€ said Levco, adding that he and Voyles agreed that â€œsome legal issuesâ€ needs to be resolved before the case goes to trail.
â€œThereâ€™s a presumption of innocence in every criminal case,â€ said Voyles. â€œUntil a case is tried, we never try to anticipate anything.â€
Voyles said he has not heard the tape of the conversation between Murphy and Murphyâ€™s accuser and that he would have to hear the tape before determining whether he would attempt to have it excluded from evidence at trial.
â€œWeâ€™ll deal with whatever evidence the state offers at that time,â€ said Voyles.
Levco admitted that the case could come down to the victimâ€™s word against Murphyâ€™s.
â€œCredibility could be an issue at trial,â€ said Voyles.
Carmichael scheduled pretrial conferences on Jan. 7 and March 10 and a jury trial on April 1
Claims to fame: Former chairman, Young Republicans (July, 2007-August, 2007); former chairman, Clark County, Indiana, Republican Party (2000-August, 2007); accused (homo)sexual (multiple) assailant
Hereâ€™s the Wikipedia version of the story, which sums it all up:
According to a police report filed with the Clark County Sheriffâ€™s office, following a party on July 28, Murphy, 33, and a 22-year-old man went to sleep in separate bunk-beds at the younger manâ€™s sisterâ€™s house in Jeffersonville, Indiana because they had both drunk alcohol at the party. The 22-year-old man woke up the next morning and found Murphy masturbating while performing oral sex on the younger man. He got up and left Murphy behind in the room. On July 31, Murphy met with both the brother and sister, and admitted that he had performed oral sex on the younger man. Murphy claims that this conversation was taped without his knowledge. [link] Murphy contacted the pair several times, asking whether they intended to file police reports. [link] [link] [link]
In a letter from his attorney at the time, Larry O. Wilder, Murphy asserted that â€œthe events that took place that evening were as between two consenting adults.â€ [link] This statement is inconsistent with later revelations about the content of the taped conversation between Murphy and the complaintant in the probable-cause affidavit submitted to the court when Murphy was charged. [link] In that conversation, Murphy said â€œI was out of my mind. I wasnâ€™t thinking.â€. Murphy also offered a financial incentive to the young man if he would drop the criminal complaint.
By 7 August 2007, Murphy had resigned his jobs as the president of the Young Republicans and the chairman of the Clark County, Indiana Republican Party. In a letter explaining the resignation, he cited an unexpected job opportunity that required him not to hold any partisan political office. [link]
On August 23, 2007, Murphy obtained a new lawyer, James Voyles, who has represented former heavyweight boxing champion Mike Tyson, Indianapolis Colts running back Dominic Rhodes, and former Indiana University coach Bob Knight. [link] Voyles filed a motion in the Clark County Circuit Court to have a special prosecutor assigned to the case, on the grounds that the case was too political to be entrusted to Clark County Prosecutor Steve Stewart, a Democrat. The next day, Judge Dan Donahue removed Stewart from the case and appointed John Colin, Harrison Countyâ€™s chief deputy prosecutor, as special prosecutor. [link] However, Colin turned down the appointment, citing a full work load, leaving the judge to find a new appointee. [link] In early October 2007, the judge appointed Vanderburgh County Prosecutor Stanley Levco as special prosecutor in the case. [link]
On November 09, 2007, Levco filed formal charges against Murphy in Clark County Superior Court 1. Murphy was charged with a class B felony, criminal deviate conduct, in a hearing before Judge Vicki Carmichael. [link] After the judge entered an automatic plea of Not Guilty for him, Murphy was arrested, booked, and immediately posted bond. Judge Carmichael scheduled pretrial conferences on Jan. 7, 2008, and March 10, 2008, and a jury trial on April 1, 2008. If convicted of the offense as charged, Murphy faces a sentence of between six and 20 years in prison.
Commentators have grouped this controversy together with other recent gay sex scandals surrounding the Republican Party, including those involving Larry Craig, Bob Allen, and Ted Haggard. [link]
1998 sexual battery report
On 14 June 1998, Justin, 21-year-old man, filed a police report alleged that he was sleeping on the floor and woke up to find Glenn Murphy, whom he had just met, performing oral sex on him. He pushed Murphy off, jumped back, and ran into the restroom to clean himself off. The younger manâ€™s girlfriend, Courtney B. Kimes, was asleep in the room at the time, but awoke when he screamed. [link] No charges were filed due to lack of evidence. [link]
Just what the hell is wrong with these â€œYoung Republicans,â€ anyway?
Dunno. Youâ€™ll have to ask Michael Flory, and Karl Brabenec and Jimmy Karalisâ€¦ for starters.