Murphy seeks to dismiss, suppress evidence in sex crimes case

One of four men charged with sex crimes involving a 13-year-old boy from Tamaqua wants certain evidence suppressed and dismissed.

Attorney Christine Holman, representing the accused, Brad Daniel Murphy, 26, Tamaqua, sought to suppress the method used by the commonwealth during a previous hearing to identify her client as the perpetrator at a previous hearing, and to dismiss the charges because the victim is unable to provide a specific date for the alleged crimes.

The arrests of the four men began with the arrest of Dale Schimpf, 59, Frackville, in February 2019. Tamaqua Police Chief Thomas Rogers investigated that case, and through that investigation other participants came to light: Matthew Delgado, 28; Charles Raymond Joy, 59; and Murphy. The four were subsequently arrested on felony counts of statutory sexual assault of a victim between the ages of 11 and 16, involuntary deviate sexual intercourse of someone less than 16; along with misdemeanor counts of indecent exposure, corruption of minors and indecent assault of a person less than 16. The defendants contacted the victim through a cellphone dating app called Grindr.

Schimpf and Delgado remained incarcerated in Schuylkill County Prison. Schimpf successfully had his bail conditions changed from $100,000 straight cash to 10 percent of $100,000, but he has been unable to post bail. Delgado’s bail is set at $50,000 cash. Murphy’s bail was set at $50,000 straight cash, which he posted March 15. In a negotiated plea, Joy pleaded guilty earlier this month to indecent exposure and indecent assault of a person less than 16, and was sentenced to three to 23 months, plus three years on probation.

Schuylkill County Judge Jacqueline L. Russell explained that “suppression would be a constitutional issue” in the case of a violation of defendant’s rights “which usually involve a lineup or photo array, and is improper.”

Holman was seeking to preclude the use of a photograph of Murphy, being led from District Justice Stephen Bayer’s office in handcuffs, from being used at any upcoming proceedings. Russell said that request could be made in the form of a “motion in limine” which asks the court for an order or ruling which limits or prevents certain evidence from being presented by opposing counsel.

“The type of relief you’re seeing is not a constitutional issue,” Russell said. “There does not seem to be a suppression issue here.”

Holman also sought to have charges dismissed because the defendant couldn’t provide an exact date for the offenses. She said the lack of a date violates the defendant’s due process rights, such as the ability to provide an alibi.

Assistant District Attorney Andrew J. Serina said that in the case of juvenile victims, the inability to provide exact information can be accepted.

“With minor victims, case law provides broad latitude with dates and times,” Serina said.

Russell accepted the transcript from a previous hearing, as well as briefs from Holman and the prosecution. She issued no ruling and adjourned the matter until a later date.