No bail for New Sharon woman

FARMINGTON – A New Sharon woman, convicted in March of assaulting a Maine State Trooper with a stun gun, was denied a request to be released on her personal recognizance today in Franklin County Superior Court.

Carol Murphy, 65, of 248 Lane Road, had requested post-conviction release in a motion she filed with the court. Murphy has appealed her conviction on charges of assaulting an officer, a Class C felony, as well as refusing to submit to arrest or detention, criminal use of an electronic weapon, two counts of cruelty to animals. She was sentenced to four years in prison on the assault charge.

Trooper Aaron Turcotte had responded to the Murphy property on Oct. 14, 2009, after receiving information that Murphy had numerous pets in her house, which would be in violation of a lifetime ban on the possession of animals, and that a warrant for her arrest had been issued in regards to unpaid fines. After allowing her time to gather some things and lock up, Turcotte was attacked by Murphy while he held the door open for her, with a stun gun.

“The law says if you have a bad warrant and you try to arrest me,” Murphy was heard saying on a tape recording of the incident, which was played for the jury, “then I can kill you.”

At today’s 30-minute hearing, Assistant District Attorney James Andrews drew the court’s attention back to those statements, saying that even if a stay of execution pending appeal was appropriate in the case, Murphy was incapable of following the court’s orders.

“Ultimately, Ms. Murphy is following the law as she interprets it,” Andrews said.

Murphy, for her part, repeated objections she had raised during the trial; that the court had no jurisdiction, that the judge in the case, Justice Michaela Murphy, no relation, should have recused herself, that she was the victim of an illegal warrant and was generally being oppressed by law enforcement officials, the district attorney, state of Maine’s Animal Welfare Program and the justice system in general.

“The law is very clear,” Murphy told the court, at one point, “it is assault and battery on my person if he [Trooper Turcotte] comes on to my property without a warrant. I am 65 years old and he had no paperwork.”

“And,” Justice Murphy said, “as I recall, you said you could kill him.”

“That is the law,” Murphy returned. “Look it up.”

Justice Murphy denied Murphy’s motion to be released pending her appeal. She did authorize the release of transcripts from the trial to Murphy, for use in a civil proceeding which had named several defendants in the state government and legal system.