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Ernest Murphy Gets 260 Months From Judge Sullivan On Drugs and Guns Charges

By Matthew Russell Lee, @SDNYLIVE

SDNY COURTHOUSE, Feb 13 -- A jury returned guilty verdicts on drugs and gun charges on August 20, 2019 against Ernest Murphy, one of 15 defendants in a Brooklyn-based narcotics conspiracy case brought by the U.S. Attorney for the Southern District of New York.

   It came after some electronic and laboratory evidence was suppressed by Circuit Judge Richard J. Sullivan, who rather than re-assigning has kept many of his criminal cases in the SDNY.

 Now on Febuary 13, 2020, Judge Sullivan has sentenced Ernest Murphy. In the gallery of his mobile courtroom now 11B were six Murphy supporters, and independent Inner City Press. Judge Sullivan was rigorous, demanding that Assistant US Attorney Matthew Hellman justify his count of weight of heroin and of crack.

  In a two hour proceeding, Sullivan sentenced Ernest Murphy to 260 in prison: 200 months on Count 1 (lower than the government requested), and 60 more months to run consecutive on Count 2. Judge Sullivan urged Murphy to get R-DAP drug rehab and job training and warned his "iPad and laptop" may be searched -- all this in more than 20 years when he gets out. What will be the technology then? Inner City Press will stay on this.

  Murphy's two Criminal Justice Act lawyers, Patrick Joyce and Robert Moore, present again on February 13, had complained to Judge Sullivan on the eve of trial that they had only then been given 16 gigabytes of audio and video recordings and lab tests on crack cocaine.

  Rather than delay the trial, Judge Sullivan ordered much of it suppressed. During the five day trial the government still had a number of NYPD lab technicians testimony, and played wiretaps of cell phone calls and calls from Riker's Island, whose location in The Bronx was cited as a basis for venue in the SDNY.

  In the intercepted calls, there was discussion of cooking, packaging and selling crack cocaine. Several times reference was made to bringing firearms to protect turf. A government slang expert witness said that "Shaquille" jersey meant .32 caliber pistol.

  After the jury got the case, they asked to examine the drugs. Judge Sullivan declined to send the crack and ecstacy pills into the jury room. Instead the juror came out and passed them hand to hand, in evidence bags, in the jury box.

 On the second day of deliberations the jury through the Court Security Officer passed a note that they wanted all audio recordings and transcripts. Judge Sullivan sent them in a thumb drive and three binders, as well as a menu to order lunch.

  But barely an hour later, the jury returned with its guilty verdicts. The case is US v. Ernest Murphy, 18-cr-373 (Sullivan).

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