Attorneys for a Belmont man accused of killing his mother have requested a bail hearing next month to challenge whether the New Hampshire Attorney General’s Office has sufficient evidence to support the man’s continued detention until trial.
Nicholas Murphy, 32, faces alternative counts of second-degree murder in the death of his mother, 62-year-old Pamela Murphy, this past March. Murphy was arrested on April 17 and remains held without bail at the Belknap County jail in Laconia.
Public defenders Caroline Smith and Justin Littlefield recently requested an in-person evidentiary and bail hearing before a judge in Belknap County Superior Court, where state prosecutors must show they have sufficient proof by way of witness testimony and/or physical evidence to support the murder charges against Murphy. Under state law, any person charged with an offense punishable by up to life in prison is not allowed bail where “the proof is evident or the presumption great.”
New Hampshire’s courts have operated under restricted guidelines that have limited in-person hearings since mid-March due to the new coronavirus. However, Murphy’s attorneys argued that an in-person hearing is necessary for several reasons, including so they can effectively impeach witnesses, view and critique the evidence and communicate with their client.
Senior Assistant Attorney General Peter Hinckley did not oppose the defense’s request for a hearing, which is scheduled for July 14 in Laconia. Hinckley said he intends to call one witness and expects that the hearing will take an hour and a half with legal arguments.
Shortly after Murphy’s arrest in April, his attorneys raised the issue of competency, and Murphy was scheduled to undergo a mental competency evaluation in mid-May. However, since that time, Smith and Littlefield have withdrawn their request.
“Since the filing of this Motion, Mr. Murphy’s condition has improved to the extent that his counsel no longer believe he is not competent,” attorneys wrote in recent court filings.
Nonetheless, his attorneys indicated in their request for a bail hearing that Murphy does continue to suffer from mental illness. They said a remote hearing would exacerbate those issues and impair his ability to participate and understand the proceedings before him.
The state attorney general’s office alleges that Murphy killed his mother at their home on Tee Dee Drive on March 16. Belmont police responded to a 911 call at the residence at about 4:26 p.m. When officers arrived, they found Pamela Murphy dead, the prosecutors said previously.
An autopsy performed by Associate Chief Medical Examiner Dr. Christine James determined that Pamela Murphy suffered trauma to the head and neck. Her death was ruled a homicide.
According to town tax records, Pamela Murphy owned the home at 31 Tee Dee Drive.
Prosecutors have released few details about the murder case. An affidavit in support of an arrest warrant for Nicholas Murphy was filed with the court under seal and is not available for public inspection.
Due to the coronavirus, a grand jury has been unable to convene to review the evidence in the case against Murphy for possible indictments. A judge has granted prosecutors an extension to seek indictment until such time that the New Hampshire Judicial Branch deems it safe for those proceedings to occur.