Murphy sentenced to 60 years
GREENCASTLE -- A Fillmore man convicted of molesting a female child numerous times over a period of several years was handed a 60-year prison sentence Thursday in Putnam County Circuit Court.
Judge Matthew Headley sentenced Lee Alan Murphy, 35, to 40 years for Class A felony child molesting, 10 years each for two counts of Class B felony sexual misconduct with a minor, four years for Class C felony child molesting and 18 months for Class D felony dissemination of matter harmful to a minor.
Headley ordered that Murphy should serve 60 years and spend the last five years and six months of his sentence on probation.
Murphy admitted he had sexually abused the victim on several occasions between the summer of 2007 and the fall of 2008.
"These were deplorable acts," Headley said. "Ones that you deserve to be in prison a long time for."
The state recommended a 70-year sentence with 60 years executed, and also asked for Murphy to be deemed a violent sexual predator.
Murphy's court-appointed attorney Melinda Jackman-Hanlin requested that the Class A felony count be set aside because there was some discrepancy about how old the victim was when the actual molestation took place (charges are enhanced if a child who is molested is under the age of 14).
Putnam County Prosecutor Tim Bookwalter didn't consider Jackman-Hanlin's argument on that point to be valid.
"We had Mr. Murphy under oath; he heard the allegations," Bookwalter said. "He pled guilty."
Headley agreed with Bookwalter and denied Jackman-Hanlin's request.
James Duncan, a detective with the Indiana State Police, said Murphy confessed during an audio taped interview to molesting the victim. Duncan said he never interviewed the victim personally, but that he watched the interview via closed circuit television.
Duncan said the victim, now 15, was sexually abused by Murphy when she was between the ages of 12 and 14. He said the girl is "mildly mentally handicapped," that she functions at a second grade level and is in special education classes at school.
Murphy, who sobbed audibly through most of the sentencing hearing, declined to testify in his own defense.
Jackman-Hanlin asked for the court to consider several mitigating circumstances, including the fact that Murphy had no prior criminal history, that he had "every intention" of pleading guilty to all charges before he was housed at the Putnam County Jail with "an individual who convinced him to do otherwise," that he confessed to his crimes and that his guilty pleas spared the victim from having to testify in front of a judge and jury.
"He has shown remorse," Jackman-Hanlin said. "I think he does feel truly bad about what he has done."
Jackman also noted that Murphy said he himself had been the victim of sexual abuse.
"That's what you're saying, but I have no proof of that," Headley said.
Headley also ordered that Murphy should have no contact with any child under the age of 18 while he was under court supervision, but said he would make an exception so Murphy could have contact with his three sons.
Murphy will receive credit for the 224 days he has spent in jail. He was arrested on March 11 and has been in jail since then.
A jury trial in Murphy's case was set to begin Aug. 26. The jury had been selected and was seated when Murphy informed the court he would instead plead guilty.
Jackman-Hanlin attempted to have the venue changed for the trial, saying media coverage of the case would have made it impossible for her client to get a fair trial in Putnam County. Headley dismissed Jackman-Hanlin's motion without a hearing.