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STATEMENT F THE CASE
The State has charged Gary Murphy with sale, delivery, bringing Into tne Siate
or possession of cocaine in a trafficking amount (over 400 grams). Murphy is also
charged with conspiracy to traffic in cocaine with coconspirators Carol Murphy, his wife
and Mickey Murphy, his brother. The State intends to show that Murphy was working
for the U.S. Drug Enforcement Administration (DEA) and had agreed to fly an airplane
from Florida to Colombia, South America, and transport C3load of cocaine back to the
State of Lone Star in order that DEAcould arrest numerous participants in the criminal
enterprise. The State intends to prove that Murphy conspired with his wife and brother
to drop some cocaine from his plane to a site selected by the three and did, in fact,
make the drop. Murphy has provided a statement denying participation in the
conspiracy or the drop of cocaine Murphy's wife Implicates Murphy In the crimes.
Murphy's brother admits participation In the crimes but denies that Gary Murphy was
Involved
STIPULATIONS REGARDING EVIDENTIARY MATTERS
(^1) Federal Rules of Criminal Procedure and Federal Rules of Evidence
apply
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2 Gary Murphy has entereo a plea of not guilty and has requested a tnal oy
JUry.
- (^) A motion to suppress the seizure of cocaine has been denied. H- The trial court has ruled that Exhibit 1. the statement taken from Gary
Murphy by law enforcement officers, IS Inadmissible in the State's case-in-chief
because the Miranda warnIng was improperly given.
- (^) Gary Murphy's testimony shall be in conformance with the written
statement marked Exhibit E which he furnished to Detective Parker and Agent Coats
- (^) It is stipulated between the State and the defense that cocaine weighing
fifty-five pounds and which tested 98 3% pure was seized from the residence of Mickey
Murphy on July 3, 1998. It is further stipulated that the cocaine will not have to be
produced for the jury or introduced into evidence. It is also stipulated that one gram
equals one-thousandth of a kilogram, and that one kilogram equals 2.2046 pounds.
(^7) The State and the defense agree that a court order was obtained to
review telephone toll records of a pay telephone located nearest the refueling pumps'
for private aircraft at Miami Airport
10. Lone Star Statutes (1995) provide the following:
531.398 Trafficking; mandatory sentences;
suspension or reduction of sentences; conspiracy to engage in trafficking.--
(1) Any person who knowingly sells, purchases,
manufactures, delivers. or brings Into this state, or who is
,. .,
knowingly in actual or constructive possession of, 28 g:-a~s
or more of coca Ine or of any mixture contaming cocaine is
guilty of a felony of the first degree, which felony shall be
known as "trafficking In cocaine" Iftne quantity involved.
1. Is 28 grams or more, but less than 200 grams,
such person shall be sentenced to a mandatory minimum
term of imprisonment of 3 calendar years and to pay a fine
of $50,000.
2. I~ 2pO grams or more, but less than 400 grams,
such p~r*b\1shalt.be ~e~}~nced to a mandatory minimum
term of imprisonment of 5'calendar years and to pay a fine
of $100,000.
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3. Is 400 grams or more, ~.~uthperson shall be
sentenced i9 a"manq~J9ry m,lnir;nuTnterm 6f imprisonment of
15 calendarye,ars a~cttQpaYa fire of $250,.000.
(2) W!Jh r~,spect,JP,anYpe=rspnV;ihois found!o have
violated this section, adJL(dlcS3tionof guiltor imposition of
sentence shall not be suspended, deferred, or withheld, nor
shall such person be eligible for parole prior to serving the
mandatory minimum term of Imprisonment prescribed by this
section,
(3) Any person who agrees, conspires, combines, or
confederates with another person to commit the act of
trafficking In cocaine ISguilty of a felony of the first degree
and IS punishable as Ifhe had actually committed such
prohibited act Nothing In this subsection shall be construed
to prohibit separate convictions and sentences for a
violation of this subsection and any violation of subsection
407.777 At1empts, solicitation, conspiracy,
generally.--
(3) Whoever agrees conspires, combines, or con~ederates with another person or persons to commit any offense commits the offense of criminal conspiracy,
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF LONE STAR,
IN AND FOR BEXAR COUNTY
FALL TERM, in the year of our Lord one thousand nine hundred ninety-eight
STATE OF LONE STAR INFORMATION FOR:
v. (^) VIOLATION OFLONE §TAR COMPREHENSIVEDRUG ABU SE
PREVENTION AND cONTROL ACT
(Trafficking in CocaiDe, 1,F; Conspiracy
to'Traffic in Cocaine, 1 F)
GARY MURPHY
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF LONE STAR:
RUSSELL 1. JAMES"9Jet7,Ntorneyforit1eSixth:Juqi~j.i?IQir9LJitgfLope Star, in and for Bexar County, prRi~'~'SLJ!i,dg"fi:ittt1eStateof Lone Star', in the'safd County, under oath, Information maR~s that
GARY MURPHY
of the County oLS,e>;pr,?n9,S)tF3te.',"'"N, '," """")'''''''''' of Lone"§li?r,""'>""";'" on the 3rd day of July, in the year of our',,' ,,' Lord, one thousand nine hUrl'qred: ninety-'eightl'in.'theCouDty and State aforesaid
unla'Nfully and knowingly did deliver, bring into the State or knowingly be In actual or constructive possession of cocaine or a mixture containing cocaine; said cocaine or mixture thereof weighing 400 grams or more: contrary to Chapter 531.398, Lone Star Statutes and against the peace and dignity of the State of Lone Star,
COUNT TWO
And the State Attorney aforesaid. under oath as aforesaid, further information makes that GARY MURPHY, of the County of Bexar, State of Lone Star, on or between the 10th day of January and the 3rd day of July, in the year of our Lord, one thousand nine hundred ninety-eight, in the County and State aforesaid, did unla'Nfully agree, conspire, combine, or confederate with CAROL MURPHY and MICKEY MURPHY, to knowingly sell, deliver, bring into the State, or knowingly be In actual or constructive possession of cocaine, or a mlx1ure thereof, weighing 400 grams or more, contrary to Chapters 531.398 and 407.777, Lone Star Statutes,
and against the peace and dignity of the State of Lone Star.
STATE OF LONE STAR BEXAR COUNTY
Personally appeared before me RUSSELL 1. JAMES, the undersigned State Attorney for the Sixth Judicial Circuit of Lone Star, in and for Bexar County, or his duly designated AssJ~tant State Attorney, who being first duly sworn, says that the allegations as set forth in the foregoing Information are based upon facts that have been sworn to as true, and which if true, would constitute the offense therein charged; hence this information is filed in good faith in Instituting this prosecution, and that testimony was received under oath from a material witness or witnesses.
.~l ,ssL State Attorney for the ~I Circuit of he 21ate of Lone Star, Prosecuting for said State
Sworn to and subscribed before me this 1st day of September, 1998.
(SEAL) (^) ~< 4?~5~cUJ Notary Public
A 1arranged for the CI to introduce Murphy as a trusted friend and pilot into the
smuggler group. Murphy was instructed to tell the group that he had connections with customs officers in Belize, Central America, and MiamI. Florida. who in return for cash payments would clear a plane through each airport without questions or a search How were your able to determine if the CI and Gary Murphy carried out their roles?
I set up surveillance several times as the smuggler group got together at various locations in Bexar County between January 10 and June 30,1998. After each meeting, Gary Murphy would meet with me and disclose all of the conversation he could remember. From those debriefing sessions with Murphy, it was clear that the plans were finalized to fly a plane load of cocaine from Colombia to Oiltbn, State'ofLone Star, in early July 1998. I told Murphy to tell the group how
much cash would be needed to bribe the customs people. In fact, I had cleared
with the customs officials In Belize, Central America, and witH U.S. Customs in Miami, Florida, to let th~ plane go without a search after accepting the envelopes frqm Murphy. In that way, the arrests of the whole group could take place in
Oilton, State of Lohe Stat. After Murphy told me \hat the groyp had.leaseo a
OQ~3aircraft, I instructed Murphy to convince the group to fly from Florida to Qi:>lombia, fro'm Colombia to Belize, and back to Miami, Florida, and then to Oilton, StafeOf Lone Star.
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What happened nexP
In late June 1998, Murphy advised me that a OC-3 aircraft had been arranged
for his use in Homestead, Florida, which is near Miami. I toLd Murphy to carry
out the plan we had devised We both knew that this would be our last contact until Murphy landed the plane in Oilton Murphy left for HomesteC3d on June 29, 1998 0
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What did you do 10 ke,.epInvolv~c:j In this case?
I arranged for three OEA aircraft to tail the plane to South Americ.a and back. I was 'on board one 'of the DEA aircraft We used our mostsophistica,te,d aircraft t6 track the plane 'on radar and by Infra red cameras. We were able to track the
plane's departure on July 1. 1998. and followed it until it passe,d into ,Colombia
air space about 800 p m on July 1. 1998; ,We flew off the coast Qf Colombia, with each plane alternately refueling In Panama, until we picked up Murphy's plane flYing out of Colombia during the early morning hours of July 2, 1998. We followed the plane and landed In Belize City after Murphy's plane landed there.
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We stayed there until Murphy's plane departed. We then departed and,followed the plane to Miami At Miami,we landed after Murphy's plane landed, and waited until it departec;Jaga)n. Murphy's plane departed Miamiarounc;J7:00 p.m on Thursday, July 2, 1998'
I now show you what has beermarkS19 as ExhibitA Do you recognize it? Yes. It is my drayvingOr}an Atla,?m§p ?~ the route traveled by Murphy's plane from Florida to South America to ~~'ritraIAmerica and back to Florida.
What arrangements had you made with the authorities in Jize ang Miami? I told Murphy to obtain cash from his smuggler group to pay,Jhe,Be!t?e Custom's officers $25,OOO,andt,.U.S.Custo,rTlspfflci~lsin tv1iarTli$5b~OOO.Tcontacted these officiaJ.s~)nboth,IP,S?\iPJlstPfll~~~ sur~ theyagr~ed to let Murphy depart
without a S~,qr9Q--','". ottH-~",:",.""..,,,, p.f~he,.lal."""','""".';"",;,,,sphad'a'promis'e' from'the',.officialsthat the
money Murphy, bcmQe4themwQ~'1c::!8~:,QlvEmto me as 'evidence.
DidY9Y'fetr'ieve,.fhE(rtibney?
The, S'elize ,autho~i1i~s r~tJFf"e'd'$8b66;ahdclaimed that Was all that was in the
.,'--';:'"'' ""'>:"';:';-;" ""-"',',1.".,;",';"1",:"'",,.,,,,.--, ,"Y""""':"'," ,', """,', " enY,~I,q8e. .;The,PY)5.tofD¥j?ffJs,@s In;f'0i,amireturned to'me a'n envelope containing $49,,960,.',"'. , ." , ',,' ,
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After you fO!lowedtheplane Murphy was flyingout ofB,elize, wllat happened
next?
I laqde:d Int0}C3lpj.".J092~ry~c:i.tv1,urphyI~ave hisplaneand go to a phon"e booth
aflq(.t§Jk-,C?,Q,JP'r-:Rh9J;J~lprlQF~:et.d,f6uTir1ihl.Jtes~'~hile he was talking, he.looked
aJbis,»,?t~,b, ::':t'6~~;'RI?,det~eDt 6'6Kqff.:\yef6IiQw7d the pianeout of Florida ,over
spme,Qfh~J"$r~J~'~"p.o.8iYth~n enteredthe'S'tate'" "".." ,.,,'" ,':';""", , ,.","""',': <'0 :...,,'. ' '," QfLdhe Star. As I watched the
pl§[1e , gpproa,~hqUJ:Qh,...'--.: "" ",.,--' ","""";" -:'. it'~;ucjdenlyfurne'd",' '. ,.':' ',:'-away fromthe"direct flight pattern into
QiJtonl}.ir~£),~,.':8rqp§~8q,ow:9 very /.q~,_~:ndfiev/approximately thirty miles 'away from the direct route to Oilton The plane then turned and flew directly to Oilton Airport. What tIme did this occur?
About 10.30 p.m
Dld'Yol.ifly 6Ver;anylights,smallsignal fires,or parachutes in any field.?or pastO'fes'riear"tHeOilton Airportwhile you were followingMurphy's plane? No.
What happened when Murphy's plane landed?
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Old you find Gary Murphy at his brother's house? No.
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Did you look for him? Yes. Bexar County Detective Parker and I went looking for Gary. We found him at his home which is about two miles from Mickey Murphy's residence
What happened when you found him? We knocked on the door. Gary answered the door. Detective Parker arrested Murphy for trafficking in cocaine. I accompanied the detective and Murphy back to the Bexar County Sheriff's Office where Murphy was questioned by Detective Parker.
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I now show you what is marked as Exhibit H. Can you identify it? I can identify Exhibit H as the written statement Gary Murphy voluntarily provided at his arrest.
Q. Can you relay any other developments which have occurred in this case?
A (^) Although the local prosecutor objected forcefully, some liberal judge set Sam
Spade's bond at $250,000 and within one week, someone posted $250,000 cash and Spade has disappeared
Dana Coats
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Sworn to and subscribed before me
this 29th day of September, 1998
;nr; (^) /D /-<n-~
Notary Public
