Client was stopped at approximately 12:30 am after being observed by a police officer operating erratically and nearly strike the curbing on the right side of the road. Client admitted consumption of alcohol and performed field sobriety tests on the sidewalk near the roadway. Trooper testified to the performance of field sobriety tests and gave his opinion that client was intoxicated. Trooper was cross examined by Attorney Murray and Client and friend testified. Jury returned Not Guilty verdict on both charges.
Author Archives: Sean Murray
September 25, 2014: .22 Breathalyzer Suppresed/ OUI Alcohol Trial – Not guilty
Client was approached by police officer after being observed arguing with her friend in parking lot of gas station at approximately 3am. Client was observed driving into the gas station and admitted to operating the motor vehicle. Client admitted to consumption of alcohol and performed field sobriety tests. Client was placed under arrest after officer formed opinion of intoxication. Breathalyzer taken at station produced .22 reading.
Attorney Murray filed pretrial motion to suppress the breathalyzer results based upon officer’s failure to comply with regulatory requirements. After a contested motion hearing, the court allowed the motion and the BT was suppressed. The case was then tried before a jury in the Framingham District Court. Jury returned a not guilty verdict.
August 13, 2014: OUI Alcohol – Trial – Not Guilty
Client was approached by police after being observed sleeping in the breakdown lane of his running vehicle at approximately 5am. Field sobriety tests were administered on the roadway and client was arrested. Client presented to police with bruising over his eye and blood on his shirt. Medical records were introduced at trial revealing client had sustained a concussion thus rendering unreliable the results of the field sobriety tests and raising doubt as to the reliability of officer’s opinion regarding intoxication. Case was heard in the Worcester District Court. Client was found not guilty.
June 10, 2014; Assault and Battery – Not Guilty
Client was charged with assault and battery against her teenage step-son. Case was transferred from the Westborough session to the jury session in the Worcester District Court. After jury waived trial in which alleged victim’s biological mother testified against client, court found client not guilty.
April 8, 2014: Indecent Exposure / Assault and Battery Charge – Dismissed Prior to Arraignment
The client was charged with Indecent Exposure and Assault and Battery against his own minor daughter. The charges were brought against the client in the context of a divorce and custody dispute with the client’s wife. Through extensive pre-arraignment efforts and investigatory work, the charges were dismissed prior to the client being arraigned. Consequently, the charges will not appear on the client’s board of probation record.
March 11, 2014: Medical Malpractice, Jury Verdict – $1,952,000
Attorney Sean Murray serving, as co-counsel with Attorney Karen Stern won a $1,952,000 dollar jury verdict in a medical malpractice claim against an oncologist at St. Vincent Medical Center, Worcester. The case was tried for over 6 days in the Worcester Superior Court. Attorney Murray represented the estate of the plaintiff who was treated for cancer after being diagnosed with the condition in 2003, only to later discover in 2006 that he did not actually have cancer. The plaintiff, who had a complex medical history, suffered signficant complications associated with his cancer treatment and eventually died 10 years after the initial diagnosis. The treating oncologist defended the case based upon the pathology report he was provided which indicated the plaintiff was diagnosed with cancer. Through the use of expert medical testimony and thorough cross examination of the defendant and his expert witness, the plaintiff was able to prove to the jury the medical negligence of the treating oncologist and the causative impact of that neglience to the plaintiff’s injuries. The jury deliberated for 4 1/2 hours before returning its verdict.
January 8, 2014: OUI 3rd Offense/Negligent Operation; Jury Trial – Not Guilty Verdicts
The client was stopped for several marked lanes violations by a Charlton Police Officer at approximately 1:00 am on Rt. 20. The officer testified that he detected the odor of alcohol on the breath of the client, that his speech was slurred, and that his eyes were glossy. The officer testified that the client was unable to satisfactorily perform the field sobriety tests and that the client nearly fell over while performing the one leg stand test. During cross examination of the Officer, Attorney Murray introduced into evidence numerous photographs depicting the dangerous, high traffic area where the field sobriety tests were administered diminishing the reliability of the tests and the opinion of the Officer. Additional evidence including the booking video of the client further discredited the Commonwealth’s case. The jury, which was comprised of 1 male and 5 females deliberated for approximately 25 minutes before reaching not guilty verdicts on both OUI and Negligent Operation of a MV. The case was tried in the East Brookfield District Court.
December 30, 2013: OUI/Drug Charges Dismissed
The client was stopped by a Berlin Police officer at approximately 2:00 am after reportedly being observed driving with an expired inspection sticker. The client performed field sobriety tests and took a breathalyzer registering .09. A search of the client and his motor vehicle subsequent to his arrest produced Class B substances and he was charged accordingly. Attorney Murray filed a motion to suppress the stop of the client’s vehicle which was allowed after a full evidentiary hearing. The motion resulted in the suppression of all evidence seized from the client and his car as well as the breathalyzer reading and the observations of the officer. Without any evidence to proceed, the Commonwealth dismissed the case.