UPPER MARLBORO – Defense attorneys for junior Daniel Murray, the student accused of murdering senior Michael Scrocca in an arson last year, asked a judge on Friday to suppress key evidence in the case: Murray’s confession.
The comments came during a pre-trial motions hearing where defense attorney Bill Brennan took shots at the lead detective’s methods of obtaining the confession. And although the judge delayed making a decision in the case, the hearing foreshadowed the possible defense strategy for an upcoming high-stakes first-degree murder trial.
Murray is accused of setting a broom on fire and tossing it onto a porch after a dispute with partygoers at Scrocca’s house last May. The blaze quickly engulfed the house and Scrocca died of smoke inhalation soon afterward.
Detective Ben Brown, a Prince George’s County investigator, testified at the hearing that Murray began crying on a trip to the bathroom between interrogation sessions, and told Brown that he “didn’t mean to hurt anyone.” He offered a full confession shortly afterward, Brown said.
Circuit Court Judge Thomas P. Smith delayed judgment because he had not yet viewed a videotape entered into the hearing as evidence of Murray’s confession. Also entered into evidence were Murray’s written confession, a map he drew of where he went the night of Scrocca’s death, and Brown’s log of the day Murray was arrested.
Murray’s attorneys are strongly disputing the legality of the confession because they say he was denied access to a lawyer when it was given and because police breached procedure.
One of those procedures was informing Murray what he was being arrested for, Brennan told the court. Brown testified that he had taken Murray, 20, out of one of his classes and arrested him, but said he did not tell Murray what he was being charged with.
During the car ride to the police station, Brown said Murray asked if he was being brought in because of his involvement in a fight a few weeks before, but Brown said he told Murray they would discuss the charge at the station because the situation was so serious.
Brown’s documented account conflicted with his testimony, Brennan said, because Brown had written that he confronted Murray with the charges when he was first arrested.
On cross-examination, Brennan asked whether Brown had recorded the conversation he had with Murray in the car anywhere on paper. Brown appeared confused with much of Brennan’s aggressive questioning, but said that he had not written the conversation down.
That led to a heated grilling of Brown, during which Assitant State’s Attorney John Maloney objected to Brennan’s barrage of questions.
“In a motions hearing, there’s no reason to be berated from a foot away,” Maloney said.
Judge Smith agreed, and ruled told Brennan that line of questioning should be saved for the real trial.
Dressed in an orange prison jumpsuit and wearing shaggy hair, Murray stayed slouched in his chair for most of the hearing but on one occasion turned around and flashed a smile to friends and family who sat just a few feet behind him in the courtroom. It was his first appearance in public since his arrest in May.
The judge will rule on defense motion in two weeks. Murray’s trial is set to begin Nov. 28.
Family members and friends declined to comment after the hearing.
Contact reporter Owen Praskievicz at praskieviczdbk@gmail.com.