The Elk County couple charged in the 2015 death of their 5-year-old nephew are asking a judge to bar the prosecution from seeking the death penalty in their cases.
Scott Jeffrey Murphy, 26, and Kristy Mae Murphy, 36, are both charged with homicide, aggravated assault, endangering the welfare of a child, recklessly endangering another and possessing an offensive weapon.
Elk County District Attorney Shawn T. McMahon has filed a notice that he is seeking the death penalty in both cases.
Court records allege that on Feb. 3, 2016, 5-year-old O’Ryan Murphy died at the residence of his aunt and uncle. His cause of death was ruled blunt force trauma to the head.
Police allege that either Scott or Kristy Murphy had bludgeoned the boy over the head multiple times, ultimately leading to his death.
It is that lack of specificity as to who bludgeoned the child that both Murphys point to in motions to the court, asking a judge to toss out the cases — or in the alternative, bar the death penalty.
In Kristy Murphy’s case, she is represented by attorney Gary Knaresboro of DuBois. Scott Murphy is represented by attorneys Fred Hummel and John Ingros, both of Punxsutawney.
In both cases, attorneys have filed a challenge to the prosecution’s case, saying the evidence does not support charges of first-degree murder against either defendant.
“For the crime of criminal homicide it must be shown that a person intentionally, knowingly, recklessly or negligently caused the death of another human being,” Knaresboro wrote, quoting Pennsylvania law. Murder of the first degree requires an intentional killing, evidence of which attorneys for both Murphys allege isn’t present.
Similar arguments are given for the other charges against both Scott and Kristy Murphy.
The aggravating circumstances alleged by McMahon to seek the death penalty were that the killing happened in the commission of a felony, which was aggravated assault; the offense was committed by torture; and the victim was under the age of 12, court records state.
However, attorneys argue that McMahon failed to provide evidence that either Scott Murphy or Kristy Murphy was the one who killed the child.
The death penalty is reserved for the “worst of the worst,” according to the Pennsylvania Supreme Court. McMahon “presents no evidence to show that (Scott) Murphy is the ‘worst of the worst’ or to support the imposition of a death sentence as compared to others found guilty of murder,” states the motion on behalf of Scott Murphy.
The motion for Kristy Murphy is similar.
Scott Murphy’s attorneys also filed a notice of mental infirmity defense, challenge his competency to stand trial, move to suppress interviews given to Children and Youth Services employees and move to sever his case from Kristy Murphy’s.
As of Tuesday, there had been no hearing set to consider the motions in either case.
Both Scott and Kristy Murphy remain incarcerated without bail.
