Biden Judicial Pick's Law Firm Touts an ‘Arsenal’ of Legal Tactics to Help Clients Accused of Murder, Child Rape

Senate Democrats hailed President Joe Biden’s pick for the U.S. District Court of Massachusetts as a committed advocate for criminal justice. As a defense attorney, Brian E. Murphy defended rapists and violent criminals while leading a firm that touted its ability to protect the "reputation" of convicted sex offenders.

Murphy & Rudolf, a criminal defense firm Murphy founded in 2011, touts its "notable case results," including a dismissal of charges for clients accused of rape, child rape, and murder. In one post on its website, Murphy & Rudolf touts its "50 years of combined experience to defend clients in cases of sex crimes against children."

The firm highlights those victories to suggest its "arsenal" of legal tactics can help clients accused of the most serious violent crimes. To defend domestic violence charges, Murphy’s firm offers a range of defenses, including "challenging the accuser’s credibility." To defend against sexual assault charges, "it is especially important to look at the psychological history of the accuser," the firm says.

That kind of aggressive criminal defense work could throw a kink into Murphy’s confirmation process, especially during a high-profile election year with several swing-state Democrats up for reelection. In 2022, the White House caved to pressure from left-wing groups to withdraw First Circuit Court of Appeals nominee Michael Delaney over his efforts to unmask an underage rape victim when he represented a New Hampshire prep school. Adeel Mangi’s nomination to the Third Circuit Court of Appeals is on the rocks because of his links to anti-police groups that have fought to release convicted cop killers. Three Democrats have come out against Mangi, imperiling his confirmation.

Still, most Democrats are likely to back Murphy, given the party’s push for more criminal defense lawyers on the federal bench. Sen. Elizabeth Warren (D., Mass.), who put Murphy’s name into contention for the judicial seat, said at his confirmation hearing he is a "staunch and committed advocate" for criminal defendants.

It is unclear whether Warren, who did not respond to requests for comment, has reviewed Murphy’s criminal defense work or website.

In cases of "violent stabbing," Murphy’s firm proposes a specific strategy. It is possible "to cast doubt on a defendant’s guilt," the firm says, by arguing "that hundreds or thousands of people in their community may own the exact same knife."

Defendants accused of sex crimes are informed that "hiring an experienced criminal defense lawyer will provide you with the chance at beating the charges and having the case dismissed." In a pitch to college students accused of crimes, the firm says it is important to keep the accused "out of court entirely" so that their "school will not find out about the arrest."

Murphy, who did not respond to a request for comment, served until this year on the board of a criminal defense lawyers’ group that echoes many of the same tactics as his law firm.

The Massachusetts Association of Criminal Defense Lawyers, where Murphy served as treasurer, has called on judges to weigh prison sentences based on "systemic racism," the Washington Free Beacon reported. The association backed the Massachusetts Bail Fund after it came under fire for bailing out a registered sex offender who raped a woman weeks after he was sprung from jail.

The Massachusetts Association of Criminal Defense Lawyers takes an anti-police view towards resisting arrest cases. It said officers often use falsified claims of assault as a "smoke screen" to beat up or arrest people.

"There are a number of strategies a defense attorney can utilize to seek to get charges dropped. These include claiming the defendant was acting in self-defense or claiming that the defendant did not know the arresting officer was a member of law enforcement," Murphy & Rudolf says.

Sounds like someone the former Suffolk County District Attorney Rachael Rollins who became the former next U.S. attorney for Massachusetts would like:

Rachel Rollins | January 2019 [https://web.archive.org/web/20211201122659/https://rollins4da.com/policy/charges-to-be-declined/]

Charges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained).

1. Trespassing

2. Shoplifting (including offenses that are essentially shoplifting but charged as larceny)

3. Larceny under $250

4. Disorderly conduct

5. Disturbing the peace

6. Receiving stolen property

7. Minor driving offenses, including operating with a suspend or revoked license

8. Breaking and entering — where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property

9. Wanton or malicious destruction of property

10. Threats – excluding domestic violence

11. Minor in possession of alcohol

12. Drug possession

13. Drug possession with intent to distribute

14. A stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge

15. A resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge

Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory, restitution is satisfactory or engagement with appropriate community-based no-cost programming, job training or schooling is satisfactory. In the exceptional circumstances where prosecution of one of these charges is warranted, the line DA must first seek permission from his or her supervisor. If necessary, arraignment will be continued to allow for consultation with supervisor. Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors.

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