The Law Blog of Oklahoma

Conviction Vacated; Woman Convicted of Infant Murder to be Released on Bond

Friday, May 30, 2014

New evidence in the murder of a 15-week-old infant has led an Oklahoma judge to vacate the conviction and sentence of the baby boy's mother. Michelle Murphy, who has spent 20 years in prison after being sentenced to life without parole in the stabbing death of her infant, Travis Wood, is expected to be released today after a judge set a $10,000 bond.

The case began in 1994 after police and paramedics were called to Murphy's home, where they discovered a baby surrounded by a pool of blood lying on the kitchen floor. The baby's mother, Michelle Murphy, told police that she accidentally knifed the baby following an altercation with a neighbor, and she was arrested and charged with first degree murder.

At her trial, Murphy told police that she made up the story about accidentally killing the baby, saying that she was coerced into the confession. Her defense team pointed to the neighbor, 15-year-old William Lee, who told police that he looked through the window to see the baby lying in a pool of blood shortly after watching Murphy take the baby to the kitchen.

However, Lee died of accidental asphyxiation prior to Murphy's trial, so jurors only heard his taped witness statement. Murphy was convicted and sentenced to life without parole in part based upon evidence that stated that the blood found at the scene did not belong to the victim. However, subsequent DNA testing has revealed that the blood was, in fact, the victim's blood--a finding which contradicts prosecution evidence used in Murphy's conviction.

Murphy's defense lawyer asserted in her appeal that the new DNA findings constitute "evidence of material facts not previously presented and heard that require vacation of the conviction or sentence in the interest of justice."

United States District Court Judge William C. Kellough agreed. In his ruling, the judge writes:

"The Court, having reviewed the pleadings in this case and being fully advised in the premises, hereby GRANTS the motion and hereby vacates the Petitioner's Judgment and Sentence entered by this Court on February 12, 1995 pursuant to 22 O.S. �1080(d)."

The vacation of Murphy's conviction and her sentence is not the equivalent of the dismissal of her case. Rather, it indicates that there is new evidence which, if known at the time, may have affected the conclusion of her case. Because the first degree murder charge against Murphy has not been resolved, it is still pending. Therefore, her release is conditional.

Judge Kellough set Murphy's bond at $10,000 under the following conditions:

  • She is to reside in the home of a specified person in Broken Arrow, Oklahoma.
  • She must wear a GPS monitor from Tulsa County Court Services.
  • She must not associate with known felons.
  • She must not have any contact with children other than those in her immediate family.

A status conference will be held in late June, at which time the judge will consider the status of Murphy's bond and set a hearing date to consider other issues in her application for post-conviction relief.

A conviction does not have to be the end of the story. Even 20 years after a conviction, an opportunity for justice exists through a fair trial that considers all evidence. The new evidence obtained in Murphy's case may or may not exonerate her, but it will allow a jury to make a decision that is not based on flawed evidence.

Michelle Murphy's conviction was investigated by the Innocence Project, an organization committed to justice for the wrongfully convicted. Learn more about the group's involvement in Murphy's case here and here.

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