Finding of good behavior probation violation upheld.

Byline: Barry Bridges

A hearing judge was not arbitrary or capricious in finding that a defendant violated his probation by failing to "keep the peace or remain on good behavior" as specified in Rule 32(f) of the Superior Court Rules of Criminal Procedure.

In the first decision of its new term, the Rhode Island Supreme Court unanimously held that a Superior Court judge had properly weighed the evidence and assessed the credibility of the witnesses who testified about the circumstances surrounding probationer Jeffrey Murray's assault and strangulation of his girlfriend while he was on probation for prior offenses.

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"Our review of the record reflects that the hearing justice considered the tone of the complaining witness's testimony, the corroboration of her testimony by other witnesses and other evidence admitted in this case."

Justice Gilbert V. Indeglia

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Writing for the court, Justice Gilbert V. Indeglia declined to second-guess the lower judge's conclusion that Murray had violated his probation and his order requiring him to serve out the remainder of his suspended sentence.

The court was unmoved by the defendant's assertion that the complaining witness's testimony was a "far-fetched and outrageous tale" that was "essentially uncorroborated and improbable," Indeglia said.

"Our review of the record reflects that the hearing justice considered the tone of the complaining witness's testimony, the corroboration of her testimony by other witnesses and other evidence admitted in this case," Indeglia wrote.

The court also affirmed a second judge's denial of Murray's motion to terminate his imprisonment, finding that the conditions for doing so under G.L. 12-19-18(b)(5) were not satisfied.

Christopher R. Bush handled the consolidated appeals for the Attorney General's Office, which did not respond to a request for comments by press time. The defendant proceeded pro se.

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CASE: State v. Murray, Lawyers Weekly 60-086-19 (15 pages)

COURT: Rhode Island Supreme Court

ISSUE: Did a Superior Court judge act arbitrarily and capriciously in finding that a defendant violated the terms of his probation by failing to "keep the peace or remain on good behavior"?

DECISION: No[/box]

'Graphic' testimony

In April 2000, Murray pleaded guilty to one count of first-degree sexual assault and was sentenced to 20 years, with five to serve and the remainder suspended with probation. He also pleaded to...

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