Kelli Murphy

Case record: Kelli Murphy

Background

Kelli Lynn Murphy was a Castle Rock, Colorado mother. She filed for divorce against her husband, Robert Eric Murphy, and they were in the middle of divorce proceedings, including a custody dispute. Murphy sought sole custody of the children.

Family and court-record details described a history of domestic abuse and assault allegations. On March 3, Kelli Murphy filed a civil-protection order against her husband, citing domestic abuse and assault. Kelli Murphy claimed Robert Murphy grabbed Madigan by the throat on two occasions in front of her brother. In court documents, she said: “We were at home eating dinner, Robert had finished and was sitting on the couch. Madigan started messing around at the table, and he got up from the couch and grabbed her by the throat [in front of me and Liam] and started screaming at her to finish dinner,” and she also stated: “Robert was giving Madigan a bath. She started messing around and not getting soap off. He again grabbed her by the neck/throat. [She said Dad was choking me] and shoved her head under the faucet. Liam saw it happen.” Kelli Murphy also told authorities on one occasion that Robert Murphy barricaded her in the basement and hit her with the door.

Kelli Murphy also requested to withdraw the divorce petition. On April 11, she wanted to permanently withdraw the divorce petition, citing that the couple filed for divorce out of anger. She told the court: “Through our pastor, he had recommended a 'cooling off' period, and that we get into counseling. I do not want a divorce, and my husband has told me that as well. This needs to stop. We need counseling not a divorce. I am asking the court to intervene and stop these proceedings so that we can get counseling and put our marriage/family back together. After attending the parenting class, I know we need to pursue every method we can to save this marriage, keep our family together before it is too late,” and the judge denied her request, saying both parties needed to ask for a withdrawal in order for the divorce to be stopped.

Murphy and Robert Eric Murphy were scheduled to appear in Douglas County court regarding custody. A temporary restraining order hearing was set. Another hearing was set for Wednesday at 9 a.m. to discuss an order regarding a motion to vacate temporary orders of the divorce.

The offence

On May 23, 2011, Murphy killed her two children, Liam and Madigan, in her Castle Rock home. The children were Liam, 9, and Madigan, 6.

Prosecutors said Murphy killed the children by smothering them in their bedrooms. The two children went to Rock Ridge Elementary School.

A coroner’s office release described the cause of death for both children as asphyxia. The manner of death for both children was ruled to be homicide. Toxicology tests for both children came back negative.

Family members and prosecutors described the circumstances in court. During trial proceedings, district attorney Jay Williford described the amount of time and planning it would have required to kill each child. He said: “Liam is now unconscious,” after about 30 seconds, and later: “Liam is now dead,” a minute-and-a-half later. Prosecutors also described that Liam had to be tucked in and his bed made before Madigan’s bedroom door was unlocked and the process repeated.

Investigation

After the reported incident, investigators continued the investigation. Castle Rock Police Chief Tony Lane said investigators were interviewing neighbors, friends, parents and relatives, including the father of the children, about the incident. Investigators also planned to search the home once police obtained a search warrant.

During the trial, testimony and evidence described the condition of the scene and evidence locations. Castle Rock firefighter/paramedic Scott McKenna testified he checked Madigan and found she was not breathing, and he described Madigan’s bedroom as “spotless.” He said: “The room was extremely tidy,” and “It looked like a model home.”

Prosecutors showed video pictures of a bloodied master bathtub and sink in the Murphy home. There was blood in the laundry room, blood in the garage and in a vehicle parked inside. However, prosecutors said there was not any blood found in either of the children’s bedrooms, described as a key piece of evidence for prosecutors.

Castle Rock police Sgt. Scott Claton recalled the time when Murphy’s husband arrived on the scene. Claton said: “When he first walked up to me, he said, 'How are my kids? Are my kids OK?' ” He added: “I responded to him, 'No, your kids are not OK.' ” He said: “He began crying and collapsed to the ground, crying ... anguish screams,” and used quotation marks as presented.

When asked where her children were during the 911 call, Murphy said: “They are in heaven.”

Castle Rock Chief of Police Tony Lane also said there did not appear to be any visible injuries on the children at the time of the arrest report.

Arrest

On May 23, 2011, Kelli Murphy called 911 at 7:48 a.m. to report she had attempted suicide by slashing her wrists. When a dispatcher asked about her children and if they were home, Murphy said: “They’re already in heaven.”

Officers responded to the call at the 200 block of Cherry Street, near Mikelson Boulevard and East Enderud Road in Castle Rock. When officers arrived, they found Liam, 9, and Madigan, 6, dead in their bedrooms. Murphy was taken to the hospital for lacerations to her wrists and was treated.

The father of the two children, Robert Eric Murphy, requested a welfare check from police on Sunday. Neighbors reported seeing police arrive. Laura Luehr said: “[I] was pulling out to go to work and just saw cop cars racing,” and described the community reaction: “It’s devastating. It breaks your heart,” and “My heart goes out. My heart goes out to friends. My heart goes out to family.” She later said: “I see their kids play with all the other kids. Very peaceful and quiet. We drive past them and wave and say hi. You just don’t ever imagine anything like this happening,” and added: “Nothing is ever worth a child's life. Nothing is.”

The investigation included testimony about the initial interaction at the scene. Castle Rock Police Officer William Harris testified that when he arrived he found Murphy with her wrists slit and that she told him, “They are deceased.” When he asked where the children were, she pointed down the hallway, Harris said.

Murphy was arrested later that day and the judge also issued a no-contact order between Murphy and her husband, Robert Eric Murphy.

On May 27, Murphy was charged with two counts of first-degree murder after deliberation, two charges of first-degree murder of a victim under 12 years of age by a person in a position of trust, and two counts of child abuse resulting in death, according to state records.

Trial

Murphy stood trial in Douglas County. A Douglas County jury deliberated for two hours and found Murphy guilty on Tuesday of two counts of first-degree murder and two counts of first-degree murder by a person in a position of trust. The same verdict included two counts of first-degree murder of a victim under 12 years old.

The defense argued Murphy was unaware of what she did because she was under the influence of a mix of pain medication and alcohol. Prosecutors rebutted that argument with a medical expert who said strangling two children required awareness of what was going on.

Defense counsel Ara Ohanion argued the deaths were accidental in the defense theory presented at trial. He said Murphy blacked out after drinking a full bottle of vodka and taking sleeping pills, hoping her kids would find her dead. He said: “Her plan was that she would go to sleep and not wake up. Her kids would find her,” and “They would know she did not abandon them, [that] she just passed away.” He also said: “No mother who loved her children the way Kelli did would do this intentionally or knowingly,” and: “But when she woke up, 'the kids were dead, and she wasn't,' ” and: “so she cut her wrists in a bid to end her life.” He also said: “She changed,” and: “She felt like everyone had abandoned her.” Ohanion also argued that requesting legal representation showed she did not know what happened and said: “She asked the EMT to kill her on the way to the hospital — she was not in her right mind,”.

Prosecutors described Murphy as controlling, angry, and calculating. Deputy District Attorney Christopher Gallo said during closing arguments: “Her intent was to control the divorce and the kids,” and: “The defendant was bent on control. It was Kelli's way or no way.” During opening statements and rebuttal remarks, Senior Deputy District Attorney Jay Williford told the jury: “Moms aren't supposed to kill their kids,” and: “But Kelli Murphy did!” Williford also told the jury during opening statements: “Mothers are not supposed to kill their children. Mother's provide life,” and prosecutors said: “But in this case, Kelli Lynn Murphy, squeezed the life from 9-year-old Liam and 6-year-old Madigan by her own hands. Both Liam and Madigan's life have been silenced.”

Ohanion told the jury: “You will see Kelli Murphy is not guilty of first-degree murder.”

Witnesses and evidence during the trial included video pictures and testimony. Testimony included descriptions of the scene, including the lack of visible blood in the children’s bedrooms as described by prosecutors.

Sentencing

Judge Vincent White sentenced Murphy to two consecutive life sentences in state prison immediately following the verdict.

The sentencing date was November 27, 2012. The record also stated that Murphy was sentenced to two terms of life in prison without parole, corresponding to two consecutive life sentences.

Outcome

Murphy was found guilty by the jury of two counts of first-degree murder and two counts of first-degree murder by a person in a position of trust. The verdict included two counts of first-degree murder of a victim under 12 years old.

Appeals

No appeal information appeared in the provided material.

Aftermath

After the verdict, the family of Liam and Madigan Murphy issued a statement. The statement said: “This is a sad day for us. We would have preferred to be celebrating Liam's 11th birthday today. Instead, we would just like to offer our sincere thanks to everyone involved in this case, including the Castle Rock police, the first responders, the numerous agencies that supported the investigation, and everyone in the DA's office who worked tirelessly to ensure that justice was served, and who supported us throughout this long ordeal. We are also profoundly grateful to the jurors on this trial for their service. ” “Although nothing can make up for the loss of Liam and Madigan or fill the void that is left by their absence, we are thankful that this chapter is now over and we look to God to help lighten our hearts,” the family's statement concluded.

Castle Rock Police Chief Jack Cauley issued a statement after sentencing. Cauley said: “Justice was served today for two young children -- Liam and Madigan. It was a team effort, and I want to commend the partnership between Castle Rock Police, the 18th Judicial District and the Colorado Bureau of Investigation. From the beginning, we all made a commitment to Liam and Madigan to find justice, and today that commitment was met.”

A statement prior to the conviction was attributed to Todd Harker, the lead pastor at Community Baptist Church in Franktown. The statement said: “No words can express the sadness and pain our family is experiencing. We ask that we be allowed to grieve for our loss and face this tragedy in the shelter of privacy. We do ask that you join us in praying for Eric. We pray God would grant him all comfort and peace at this time.”

Neighbors and community members described the family as peaceful and described being shocked by events. Terry Wagner said: “We knew there was some trouble,” and “They had gone through some problems and stuff. You could tell there is a little bit of strife [in the house.] I have a 9-year-old and a 10-year-old. They knew [the kids who died]. They've always been real nice.”

Victim advocates assisted visibly distraught neighbors.

People

• Kelli Lynn Murphy — defendant; mother of Liam and Madigan
• Liam Murphy — victim; child, age 9
• Madigan Murphy — victim; child, age 6
• Robert Eric Murphy — husband of Kelli Murphy; father of Liam and Madigan