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Wednesday, December 4, 2013

Nashua rape case on the rocks after judge throws out man’s confession to police

NASHUA – The prosecution of a Nashua man charged with raping a teenage girl dozens of times may be in jeopardy after a judge suppressed statements Kevin Murray made to police after his 2012 arrest.

Murray, 50, of 8 Forge Drive, is facing a number of aggravated felonious sexual assault charges after a woman told police last summer she had been raped by Murray when she was 13-17 years old. The woman estimated she was assaulted as many as 500 times, according to court documents. ...

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NASHUA – The prosecution of a Nashua man charged with raping a teenage girl dozens of times may be in jeopardy after a judge suppressed statements Kevin Murray made to police after his 2012 arrest.

Murray, 50, of 8 Forge Drive, is facing a number of aggravated felonious sexual assault charges after a woman told police last summer she had been raped by Murray when she was 13-17 years old. The woman estimated she was assaulted as many as 500 times, according to court documents.

Assistant Hillsborough County Attorney David Tencza said he will appeal the judge’s ruling to the Supreme Court, indefinitely delaying the trial scheduled to begin this week.

Murray waived his Miranda rights and spoke with police following his July 12, 2012, arrest. He admitted to many of the accusations against him, including assaulting and raping the victim multiple times, although he estimated it happened about 50 times. He told detectives he felt “relieved” after confessing, according to court documents.

Nicolosi ruled that the circumstances of Murray’s interrogation showed the police did not give him an adequate chance to decide if he wanted a lawyer, even when he mentioned a lawyer by asking how long it would take to get one.

“Instead, the detective deflected the question by reiterating a different Miranda right,” Nicolosi wrote.

Police arrested Murray around 1:30 a.m. He couldn’t read the Miranda form because he didn’t have his glasses and, although he has been declared competent to stand trial, has some “mental limitations,” according to Nicolosi’s ruling.

Murray indicated he hadn’t decided about obtaining an attorney, and
instead of giving him time to make that decision, police dodged his question and quickly resumed interviewing him. That, combined with exhaustion after being roused from sleep late at night and physical discomfort from a lung infection as well as limited contact with the justice system, violated his rights against self-incrimination and made the statements involuntary, Nicolosi ruled.

Murray is facing two counts of pattern of aggravated felonious sexual assault and one count of attempted pattern of aggravated felonious sexual assault, according to court documents.

He admitted to the assaults earlier this year when confronted by the victim’s boyfriend, apologized and claimed a “drinking problem” was to blame.

However, he adamantly denied taking pictures of the alleged victim, which she had told police he did, according to court records.

Police took two computers from Murray’s home and didn’t find child pornography images on either of them, according to court documents.

Joseph G. Cote can be reached at 594-6415 or jcote@nashuatelegraph.com. Also, follow Cote on Twitter (@Telegraph_JoeC).