AG calls DA investigating deaths of contributor's daughters
By Glen Johnson
Associated Press
BOSTON - Attorney General Tom Reilly called the district attorney investigating a car crash that killed the daughters of a campaign contributor, telling him he did not have to release reports revealing whether the teenagers were drunk at the time.
In the aftermath of the call from Reilly, Worcester District Attorney John Conte has not provided copies of the girls' autopsy reports to local police, hampering their efforts to file charges of providing alcohol to a minor.
"I was certainly surprised by the involvement of the AG's office," Northborough Police Chief Mark Leahy told The Associated Press on Wednesday. "They don't ordinarily get involved in these matters."
Shauna Murphy, 17, and Meghan Murphy, 15, were killed on Oct. 13 when their sport utility vehicle slammed into a utility pole in Southborough. The crash triggered a wave of public grief for the photogenic pair of Algonquin Regional High School students. It also injured a classmate, Melissa Smith, 15, of Northborough.
The Murphys were the daughters of Christopher and Michelle Murphy of Southborough. Campaign finance records show Christopher Murphy donated $300 to Reilly's campaign committee on June 30. Reilly, the state's chief law enforcement officer, is a Democratic candidate for governor.
A spokesman said Reilly knows the family, but insisted that politics were not a factor in the unsolicited call he placed to Conte in mid-November. And the spokesman, David Guarino, said Reilly was concerned only about releasing the reports to the media, not police officers.
"It's a horrible tragedy within one family," Reilly said in an interview on WGBH-TV. "I thought that this family had suffered enough and that those records were private medical records and should not be made public."
"There's no criminal case that certainly I know of," he added.
After the crash, Leahy assigned detectives to retrace the girls' movements since their direction of travel indicated they had come from his town.
While there was no evidence of alcohol at the scene, he said, "You had a horrific high-speed crash with young operators. Statistically, we know that is one of the things we have to look at early on."
The investigators determined the Murphys had been watching a baseball playoff game before the crash. The detectives also believe both girls had been drinking, Leahy said, but that conclusion is based on secondhand information from other law enforcement sources.
Police are considering charges of illegal procurement of alcohol for a minor, Leahy said, but he declined to elaborate. They were anxious to review a copy of the girls' toxicology reports, part of the broader autopsy reports, but were dissuaded after Conte's office declared it wouldn't be releasing them, the chief said.
Leahy also said his office has been awaiting a determination on charges from Conte's office, which would have to prosecute any charges. "Basically we're seeking a clarification of the social host statute to see if it will apply to our case," he said.
Karen Foley, Conte's administrator, told the MetroWest Daily News in a Dec. 21 article that the district attorney "doesn't anticipate any charges stemming from this accident."
The newspaper published a follow-up story last Friday revealing the phone call from Reilly, although the attorney general's office refused to reveal who initiated the call and why. Following the publication of the second article, Conte's office agreed to review Leahy's proposed complaint, the chief said.
Contacted Tuesday by the AP, Foley took a detailed phone message but Conte did not return a call seeking comment. Another spokeswoman said Wednesday that Conte was out of the office and not immediately available for comment.
Christopher Murphy said in a brief phone conversation: "I'm sorry; we're still grieving here. I have no comment."
Southborough police also investigated the crash, since it occurred in their town.
Investigators determined that Shauna Murphy had been driving her parents' 2000 Land Rover at 59 miles per hour in a 35-mph zone. The crash occurred about 1 a.m., an hour after the midnight curfew for newly licensed drivers.
William Webber, the Southborough police chief, said his investigation was complete, pending receipt of a final report from the State Police accident reconstruction team.
"There is no prosecution on this one because the operator is deceased," Webber said Tuesday.
Conte is the most senior of the state's 11 district attorneys, having taken office in 1976. Reilly himself was the district attorney of neighboring Middlesex County before being elected attorney general in 1998.
Reilly's call to Conte came two weeks after Massachusetts enacted Melanie's Law, tough new drunken driving legislation backed by the attorney general.
Guarino, the Reilly spokesman, said the attorney general routinely talks to district attorneys. In the case of the Murphy sisters, he said Reilly initiated the call to Conte after learning local reporters wanted to know whether the girls had been drinking.
"There's plenty of case law," Guarino said, to support the contention the autopsy reports are private medical records.
"Tom's campaign had nothing whatsoever to do with this," Guarino said. "He knows the Murphy family but had no contact with them about this case."
Leahy says the crash and subsequent investigation have raised a number of issues that deserve public discussion. Among them were the girls' level of intoxication and how they may have received any alcohol.
"Those things need to be discussed in any responsible community, and there never can be the appearance that the police department is not doing its job," the chief said.
Asked whether the district attorney and attorney general had tried to stymie his investigation, Leahy said: "I hope not."
JT
By Glen Johnson
Associated Press
BOSTON - Attorney General Tom Reilly called the district attorney investigating a car crash that killed the daughters of a campaign contributor, telling him he did not have to release reports revealing whether the teenagers were drunk at the time.
In the aftermath of the call from Reilly, Worcester District Attorney John Conte has not provided copies of the girls' autopsy reports to local police, hampering their efforts to file charges of providing alcohol to a minor.
"I was certainly surprised by the involvement of the AG's office," Northborough Police Chief Mark Leahy told The Associated Press on Wednesday. "They don't ordinarily get involved in these matters."
Shauna Murphy, 17, and Meghan Murphy, 15, were killed on Oct. 13 when their sport utility vehicle slammed into a utility pole in Southborough. The crash triggered a wave of public grief for the photogenic pair of Algonquin Regional High School students. It also injured a classmate, Melissa Smith, 15, of Northborough.
The Murphys were the daughters of Christopher and Michelle Murphy of Southborough. Campaign finance records show Christopher Murphy donated $300 to Reilly's campaign committee on June 30. Reilly, the state's chief law enforcement officer, is a Democratic candidate for governor.
A spokesman said Reilly knows the family, but insisted that politics were not a factor in the unsolicited call he placed to Conte in mid-November. And the spokesman, David Guarino, said Reilly was concerned only about releasing the reports to the media, not police officers.
"It's a horrible tragedy within one family," Reilly said in an interview on WGBH-TV. "I thought that this family had suffered enough and that those records were private medical records and should not be made public."
"There's no criminal case that certainly I know of," he added.
After the crash, Leahy assigned detectives to retrace the girls' movements since their direction of travel indicated they had come from his town.
While there was no evidence of alcohol at the scene, he said, "You had a horrific high-speed crash with young operators. Statistically, we know that is one of the things we have to look at early on."
The investigators determined the Murphys had been watching a baseball playoff game before the crash. The detectives also believe both girls had been drinking, Leahy said, but that conclusion is based on secondhand information from other law enforcement sources.
Police are considering charges of illegal procurement of alcohol for a minor, Leahy said, but he declined to elaborate. They were anxious to review a copy of the girls' toxicology reports, part of the broader autopsy reports, but were dissuaded after Conte's office declared it wouldn't be releasing them, the chief said.
Leahy also said his office has been awaiting a determination on charges from Conte's office, which would have to prosecute any charges. "Basically we're seeking a clarification of the social host statute to see if it will apply to our case," he said.
Karen Foley, Conte's administrator, told the MetroWest Daily News in a Dec. 21 article that the district attorney "doesn't anticipate any charges stemming from this accident."
The newspaper published a follow-up story last Friday revealing the phone call from Reilly, although the attorney general's office refused to reveal who initiated the call and why. Following the publication of the second article, Conte's office agreed to review Leahy's proposed complaint, the chief said.
Contacted Tuesday by the AP, Foley took a detailed phone message but Conte did not return a call seeking comment. Another spokeswoman said Wednesday that Conte was out of the office and not immediately available for comment.
Christopher Murphy said in a brief phone conversation: "I'm sorry; we're still grieving here. I have no comment."
Southborough police also investigated the crash, since it occurred in their town.
Investigators determined that Shauna Murphy had been driving her parents' 2000 Land Rover at 59 miles per hour in a 35-mph zone. The crash occurred about 1 a.m., an hour after the midnight curfew for newly licensed drivers.
William Webber, the Southborough police chief, said his investigation was complete, pending receipt of a final report from the State Police accident reconstruction team.
"There is no prosecution on this one because the operator is deceased," Webber said Tuesday.
Conte is the most senior of the state's 11 district attorneys, having taken office in 1976. Reilly himself was the district attorney of neighboring Middlesex County before being elected attorney general in 1998.
Reilly's call to Conte came two weeks after Massachusetts enacted Melanie's Law, tough new drunken driving legislation backed by the attorney general.
Guarino, the Reilly spokesman, said the attorney general routinely talks to district attorneys. In the case of the Murphy sisters, he said Reilly initiated the call to Conte after learning local reporters wanted to know whether the girls had been drinking.
"There's plenty of case law," Guarino said, to support the contention the autopsy reports are private medical records.
"Tom's campaign had nothing whatsoever to do with this," Guarino said. "He knows the Murphy family but had no contact with them about this case."
Leahy says the crash and subsequent investigation have raised a number of issues that deserve public discussion. Among them were the girls' level of intoxication and how they may have received any alcohol.
"Those things need to be discussed in any responsible community, and there never can be the appearance that the police department is not doing its job," the chief said.
Asked whether the district attorney and attorney general had tried to stymie his investigation, Leahy said: "I hope not."
JT
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