[Chron] 36 potential jurors sent home (Murphy Case)

They tell judge they couldn't be fair in sex-assault case, which begins today
By ANDREW TILGHMAN
Copyright 2004 Houston Chronicle

http://www.chron.com/cs/CDA/ssistory.mpl/sports/bk/bkn/2885450

"I don't buy it at all," Joel Reyes said of the charges that Murphy molested five of his daughters between 1988 and 1991.

Reyes, a 52-year-old building contractor, was called for jury duty but was dismissed after saying he could not believe the allegations.

"You look at it: It's something that happened 17 years ago, and they're just bringing it up now?" he said as he left the downtown courthouse. "I think it's a money issue."

Of the 100 prospective jurors, 36 were dismissed Thursday after telling state District Judge Mike McSpadden they already had reached a conclusion based on news reports and personal feelings about Murphy.

Most felony trials require a panel of 50 or 60 people from whom to choose 12 jurors.

After winnowing throughout the day, attorneys eventually agreed on nine men and three women, who were sworn in as jurors.

Testimony is set to begin today.

Murphy, 56, was charged in March with three counts each of indecency with a child and aggravated sexual assault.

If convicted, he could face a sentence ranging from probation to life in prison.

Murphy is accused of molesting the girls when they ranged in age from 6 to 13. Most of the incidents are alleged to have occurred in his home while the girls were in bed, prosecutors said.

Murphy has adamantly denied the charges, saying his daughters lodged the complaint after he refused to give them money.

Virtually the entire panel of 100 Harris County residents told McSpadden they knew of Murphy and the charges.

The judge then asked whether they had reached any conclusions about his guilt or innocence and whether that would preclude them from giving the case a fair hearing.

Gilbert Aguilar, 30, said he met Murphy briefly on several occasions and was unable to see past his positive impression of the former National Basketball Association star.

"He doesn't seem like he'd be the type to do that," Aguilar said. "He was a nice guy, never rude."

The emotionally charged nature of child sexual abuse also was a factor for some potential jurors.

Megan Belcher, a 32-year-old mother from Houston, said she refused to believe the women were lying.

"It tears me up when I hear about stuff like that," she said, noting that she has a young daughter. "I have a tendency to believe that people don't make up things like that."

One woman said she was prejudiced by the fact that her mother was sexually abused as a child.

"That is the baggage I come in with," said the woman, who was not selected for the jury.

Several potential jurors were dismissed after telling Assistant District Attorney Lance Long, in response to a hypothetical question, that they could not convict a person based on testimony from a single witness.

Murphy was one of the Rockets' most popular players. He was inducted into the NBA Hall of Fame in 1993.

Defense attorney Rusty Hardin asked potential jurors how they felt about Murphy's celebrity status.

"How many of you think that celebrities and sports figures get a free ride with charges brought against them?" Hardin asked.

A majority raised their hands. "Our fear is that you will apply a different standard to balance that out," Hardin said.

andrew.tilghman@chron.com