| VOLUSIA EXPOSED.COM |
|
|
Why Judge John C. Murphy Must Be Removed From Office. OUR OPINION: The Integrity Of The Brevard Justice System Depends On It. |
August 26, 2014 |
"Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers."
 |
 |
|
Or Judge Murphy: We Can't Have Both Which One Will Soon Be Leaving The Courtrooms Of Brevard County? The Florida Judicial Qualification Commission recently filed formal charges against Brevard Circuit Court Judge John C. Murphy for the fiasco that transpired in his courtroom on June 2, 2014. June 2, 2014 Many of our readers will remember the Murphy fiasco - whereas, Judge Murphy verbally threatened, and apparently engaged in a physical confrontation with a public defender, due to the public defender's refusal to waive his clients' U.S. Constitutional right to a "speedy trial". However, Judge Murphy was not done in his assault on the U.S. Constitution - after his physical altercation with the public defender. Without the public defender being present within the courtroom, Judge Murphy proceeded in obtaining speedy trial waivers from several criminal defendants. In short, further violating these citizens' U.S. Constitutional right to legal representation. (Sixth Amendment - U.S. Constitution) |
The Formal Charges Against Judge Murphy Scroll Down To Review Click Here For PDF Copy Of Charges     |
|
An Apology Anger Management Moved To The Civil Docket In our opinion, immediately after Judge Murphy's assault on the sixth amendment, and even before the 6th Amendment could pick itself off the court room floor, Judge Murphy, and Chief Judge John M. Harris started a "damage control" campaign. This damage control, in our opinion, was to give some cover to the seriousness of Judge Murphy's misconduct. Interestingly, Judge Murphy did not even issue his apology to the citizens of Brevard county, until after he was granted the ability to return to work. Judge Murphy also thanked Chief Judge Harris for his support. In his June 3, 2014 press release, Judge Harris assured the citizens of Brevard county that Judge Murphy's alleged misconduct was an "isolated event", and would not be tolerated. We (VolusiaExposed.Com) believe Judge Harris is sincere in his assurances that the events of June 2nd were "isolated", and would not be "tolerated" within the Eighteenth Judicial Circuit. However, our belief in Judge Harris' assurances is not a positive thing, and here is why. |
Bay9 News Article Click Image To Review 
|
Judge John C. Murphy's Misconduct Is Status Quo Within The Eighteenth Judicial Circuit.
It Was Assistant Public Defender Andrew Weinstock's Actions
That Were Considered By Court Official To Be "Isolated" and "Intolerable".
Assistant Public Defender, Andrew Weinstock was representing several clients that day. Many, if not all of his clients, had not waived their U.S. Constitutional right to a speedy trial. The time limitation attached to a speedy trial was quickly approaching, and it would appear that Public Defender Weinstock felt that Judge Murphy was attempting to pressure him into waiving his clients' right to a speedy trial. The Judicial Qualification Commission formal charges appear to support this belief as well (see above scroll box).
In short, if a criminal defendant (or his / her attorney) does not waive their right to a speedy trial - and the court can not comply with this time limit - the criminal charges must be dropped.
We (VolusiaExposed) suggest that our readers can not really understand what was transpiring in Judge Murphy's courtroom on June 2nd, without watching the above video. With the hindsighted knowledge that Judge Murphy was upset with Attorney Weinstock for not waiving his clients' right to speedy trial, ask yourself this - why would Judge Murphy be so comfortable with challenging Weinstock on this issue (the waiving of a Constitutional right)? Is it because, most, if not all other public defenders do waive speedy trial, for the convenience of the court or the State Attorney? ** Note - VolusiaExposed is not a legal advisor - and yes, we admit that there are legitimate legal reasons for a defense attorney to waive speedy trial. We only question such waivers that appear to be expected by the court, for the convenience of the court, or the prosecutor's office.
VolusiaExposed suggests that it was not Judge Murphy that went rogue last June 2nd (2014) - rather he was doing what he always did - getting the public defender to waive his clients' right to a speedy trial ! We suggest that it was in fact, Attorney Weinstock that went rogue, when he refused to waive his clients' rights for the convenience of the court. Could this explain why Public Defender Weinstock has resigned his position, and Judge Murphy still enjoys the unqualified support of his colleagues, to include, the State Attorney, and the Public Defender's office?
We (VolusiaExposed) present the possibility that Judge Murphy was acting within acceptable Brevard County Court guidelines. Unfortuately, these guidelines include the practice of expecting the public defender's office to waive their client's right to a speedy trial, for the convenience of the court - in violation of the United States Constitution. (Our Opinion) Apparently the unwritten rule in Brevard County courtrooms.
Yeah - we (VolusiaExposed) have heard those accounts too - that somehow, Judge Murphy's behaviors were caused by the alleged un-professional attitude of Public Defender Weinstock.
Well okay - let's go there. Let's give Judge Murphy that benefit of the doubt, on whether he was attempting to strong arm speedy trial waviers from Weinstock. However, the 6th Amendment also grants a criminal defendant to legal representation - so how does Judge Murphy explain his willingness to proceed with the criminal defendants' court hearings, once Weinstock is no longer in the courtroom? We suggest that this gives clear evidence that Judge Murphy has little to no regard for at least the 6th Amendment of the United States Constitution.
Should A Judge Who Has Been Formally Charged With
Defying Constitutional Principles Be Hearing Civil Cases?
Judge Murphy alleged misconduct is being investigated by the Judicial Qualification Commission (JQC). We support a fair and open review by the JQC. We would defend Murphy's due process rights - something that has been alleged that Murphy has denied to others.
However, we do not support the fact that Judge Murphy is currently hearing civil cases, while his misconduct is being investigated by the JQC. Call us (VolusiaExposed) strange - or tin foil hat wearing radicals - but it is our belief, that Murphy shouldn't even be judging a pie eating contest, until his alleged misconduct of denying citizens their constitutional rights has been resolved.
We (VolusiaExposed) are of the opinion that Judge Murphy's behaviors are not unique to the courtrooms of Brevard, and it is very possible that other Central Florida courtrooms are having the same or similar issues. We hold the further opinion that Judge Murphy is in hot water, not because of what he has been alleged to have done, but rather because he got caught doing it, and has brought the behavior to the attention of the public - locally, nationally and worldwide.
Chief Judge Harris' rationale for re-assigning Judge Murphy to hearing civil cases just blows our mind. How can Judge Harris assign a judge to hear any cases, whether criminal or civil, if that judge has exhibited behaviors in contradiction to his oath to uphold the U.S. Constitution? Kinda makes us wonder - how far and deep does the river of corruption run within the Brevard county judicial system?
-----------------------------------------------
Drop us a line to let us know what you think.
EMAIL US