thedrifter
03-20-09, 08:14 AM
Murder defendant: 'I had to survive'
Albany jury hears from Marine veteran about fatal stabbing
By ROBERT GAVIN, Staff writer
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First published: Friday, March 20, 2009
ALBANY — Kevin Joseph Murphy told jurors Thursday he was "literally fighting for my life" the night he fatally stabbed 20-year-old Joseph Jerome of Schenectady nearly three years ago.
Murphy, 29, is being retried for second-degree murder in the April 30, 2006 slaying outside the defendant's former home on Hudson Avenue. He was serving 25 years to life before his conviction was overturned on appeal.
In a day's worth of testimony, Murphy described the morning as a fight for survival against three would-be attackers, one of whom entered his home.
Murphy testified one of Jerome's two friends "clocked" him in the face on the street earlier that night, then promised to exact revenge. He said the man, Hector Perez, later appeared at his staircase, prompting him to grab a knife to protect himself.
Murphy said he backed Perez away, but was soon surrounded outside by him, Jerome and their third friend, Robert DeSantola. He said they circled and lunged at him. He said he stabbed Jerome when they "connected," adding he did not plan to hurt anyone.
"I had to survive that night," Murphy told jurors.
"If I lost my knife that night," he later added, "I would not be here to tell you my story today. I was literally fighting for my life that night."
Murphy, who wore a suit, walked jurors through his past and the night Jerome was killed. The 1997 high school graduate explained he joined the Marines in 2002 and served in Kuwait. He went from Fordham University to the University at Albany in 2005.
He said he and two friends settled on Hudson Avenue because it was a "party block." He said he joined a downstairs neighbor for Coronas on the porch about 8 p.m. on April 29, 2006. He described the street, filled with college students and people screaming from balconies, as "like a Mardi Gras scene."
He said Jerome and his two friends — none of whom he knew — initially were talking to two of his neighbors. He said he ran into them while walking out to get ice and beer. He said one of the men asked the neighbor, "What's so (expletive) funny?" Murphy contends Jerome soon stared at him and made movements with his arms. It was then, he testified, that Perez punched him so hard, "it was like a lead pipe. It felt like I got hit with bat."
Murphy said his friends came by and the men walked off, but not before words were exchanged. He said he angrily yelled at them to not return.
But before leaving, he said, Perez put his hand on Jerome.
"Chill, chill," Murphy recalled him saying. "We're gonna come back — we're gonna get this kid." He alleged Perez then said, "We're gonna come back. We're gonna kill you."
Murphy said he was getting ready to take a cab to the hospital for a gashed lip when Perez appeared at his staircase.
Albany County prosecutors offered a case with a different account: That Murphy ran out of his house and stabbed Jerome intentionally, not for self-defense.
During cross-examination Thursday, Chief Assistant District Attorney Mark Harris pressed the defendant on why he never called for a neighbor or help when he allegedly spotted Perez in his home.
He also quizzed him on alleged contradictions in prior statements, including one from when the defendant was robbed on Long Island at age 14. He said Murphy claims the robber threatened to shoot him, yet never mentioned it in a statement to police.
The trial continues today in Albany County Court.
Robert Gavin can be reached at 434-2403 or rgavin@timesunion.com.
Ellie
Albany jury hears from Marine veteran about fatal stabbing
By ROBERT GAVIN, Staff writer
Click byline for more stories by writer.
First published: Friday, March 20, 2009
ALBANY — Kevin Joseph Murphy told jurors Thursday he was "literally fighting for my life" the night he fatally stabbed 20-year-old Joseph Jerome of Schenectady nearly three years ago.
Murphy, 29, is being retried for second-degree murder in the April 30, 2006 slaying outside the defendant's former home on Hudson Avenue. He was serving 25 years to life before his conviction was overturned on appeal.
In a day's worth of testimony, Murphy described the morning as a fight for survival against three would-be attackers, one of whom entered his home.
Murphy testified one of Jerome's two friends "clocked" him in the face on the street earlier that night, then promised to exact revenge. He said the man, Hector Perez, later appeared at his staircase, prompting him to grab a knife to protect himself.
Murphy said he backed Perez away, but was soon surrounded outside by him, Jerome and their third friend, Robert DeSantola. He said they circled and lunged at him. He said he stabbed Jerome when they "connected," adding he did not plan to hurt anyone.
"I had to survive that night," Murphy told jurors.
"If I lost my knife that night," he later added, "I would not be here to tell you my story today. I was literally fighting for my life that night."
Murphy, who wore a suit, walked jurors through his past and the night Jerome was killed. The 1997 high school graduate explained he joined the Marines in 2002 and served in Kuwait. He went from Fordham University to the University at Albany in 2005.
He said he and two friends settled on Hudson Avenue because it was a "party block." He said he joined a downstairs neighbor for Coronas on the porch about 8 p.m. on April 29, 2006. He described the street, filled with college students and people screaming from balconies, as "like a Mardi Gras scene."
He said Jerome and his two friends — none of whom he knew — initially were talking to two of his neighbors. He said he ran into them while walking out to get ice and beer. He said one of the men asked the neighbor, "What's so (expletive) funny?" Murphy contends Jerome soon stared at him and made movements with his arms. It was then, he testified, that Perez punched him so hard, "it was like a lead pipe. It felt like I got hit with bat."
Murphy said his friends came by and the men walked off, but not before words were exchanged. He said he angrily yelled at them to not return.
But before leaving, he said, Perez put his hand on Jerome.
"Chill, chill," Murphy recalled him saying. "We're gonna come back — we're gonna get this kid." He alleged Perez then said, "We're gonna come back. We're gonna kill you."
Murphy said he was getting ready to take a cab to the hospital for a gashed lip when Perez appeared at his staircase.
Albany County prosecutors offered a case with a different account: That Murphy ran out of his house and stabbed Jerome intentionally, not for self-defense.
During cross-examination Thursday, Chief Assistant District Attorney Mark Harris pressed the defendant on why he never called for a neighbor or help when he allegedly spotted Perez in his home.
He also quizzed him on alleged contradictions in prior statements, including one from when the defendant was robbed on Long Island at age 14. He said Murphy claims the robber threatened to shoot him, yet never mentioned it in a statement to police.
The trial continues today in Albany County Court.
Robert Gavin can be reached at 434-2403 or rgavin@timesunion.com.
Ellie