Murphy testifies in sex video case

Published 11:18 pm Thursday, June 9, 2011

Leon Murphy, 18, testifies during a pre-examination for Martise Washington, Parnell Martin and Martell Miller in Berrien County Court in St. Joseph Thursday. (Daily Star photo/KATIE ROHMAN)

ST. JOSEPH — Three defense attorneys in the case of five Niles teens who allegedly sexually assaulted a minor are planning to file motions claiming the prosecution does not have enough evidence to move forward.

Martise Washington, Parnell Martin and Martell Miller appeared Thursday for a pre-examination in Berrien County Court in St. Joseph.

The three rejected plea deals from the prosecutor, and they now face more charges: Washington with two more counts of criminal sexual conduct in the 1st degree and one additional count of criminal sexual conduct in the 3rd degree; Martin with an additional count of criminal sexual conduct in the 3rd degree; and Miller with two more counts of criminal sexual conduct in the 3rd degree.

Leon Murphy, another defendant in the case, accepted a plea agreement May 23 and pleaded guilty to criminal sexual conduct in the 3rd degree and possession of child pornography. He testified Thursday.

Murphy, who was a junior at Niles High School at the time of the alleged assault, is facing 12 to 24 months in prison, according to sentencing guidelines.

The attorneys interrogated Murphy about what happened March 18 when a female minor was allegedly told she must have sex with the defendants or a video of her and Washington having consensual sex would be posted on Facebook.

Murphy explained that he had texted the victim, revealing that he was watching the video of her and Washington.

“I told her to do some things she didn’t want to do, and if she didn’t, I would post a video on Facebook,” Murphy said.

He, Martin and Washington allegedly picked the victim up and brought her to Murphy’s house; his stepfather was home at the time.

Murphy said that Miller didn’t know who the victim was, but that Miller told them: “I’m going to try to get in,” meaning he wanted to have sex with her. Murphy later said in his testimony that Miller had no knowledge of the video, and was not informed about the other defendants’ threats against her.

Miller’s attorney, Sean Drew, interrogated Murphy for details, including who was in what bedroom at what time, and what conversations took place.

Attorney Lanny Fisher, who is representing Martin, asked Murphy if Washington ever had the video on his phone; Murphy said no. Fisher then eluded that Murphy wanted to “please” Prosecuting Attorney Steve Pierangeli by cooperating during his testimony as part of his plea deal.

Washington’s attorney, Jim Jesse, asked Murphy if anyone heard the victim protest or call for help during the alleged assaults at his home; he said no.

No oral arguments were heard Thursday after Drew said he wanted to file a motion; Fisher and Jesse said they would follow suit.

“I think the evidence has been taken,” Pierangeli said in defense.

According to Judge Scott Schofield, the defense attorneys have until 4 p.m. Monday to file their written motions. The prosecutor has until 4 p.m. Monday, June 20 to file a response.

The pre-exam held Thursday morning in Niles for Trey Nichols, the fifth defendant in the case, is scheduled to continue this afternoon, again in Niles.