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Easy Street

Defendant in historic 41-kilo coke bust led cops to the drugs

A Corner House on Presstman Street in West Baltimore, where Trenell David Murphy was arrested.
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By Van Smith | Posted 7/8/2009

On Feb. 20, the Baltimore Police Department hastily called a press conference to announce that, hours earlier, its officers had conducted the biggest cocaine seizure in the department's history. At the time, no details of the investigation were disclosed other than the amount of drugs--41 kilograms, or about 90 pounds. But within days, as the case was bumped to federal court, details emerged in the charging documents against the defendant, 33-year-old Trenell David Murphy ("Man Gets Federal Charges for Historic 40-Kilo Coke Bust Next to Kevin Liles Drive," Mobtown Beat, Feb. 23). What wasn't disclosed in those documents, though, was this: Murphy himself led the police to the drugs. The surprising detail came to light on June 30, during a court hearing in the case against Murphy.

"I had a conversation with Mr. Murphy," explained Baltimore Police Det. Craig Jester, who was in the witness stand before U.S. District Court chief judge Benson Everett Legg. "He told me, 'I have a spot up the street where I can take you to where there is 40 keys [kilograms] of cocaine.' . . . He accompanied us to the truck and said, 'It's in there, it's in the bed of the truck.'"

Jester said that the conversation occurred in and around 3041 Presstman St., in West Baltimore's Rosemont neighborhood, after police had raided the house using a warrant based on their observations of Murphy's suspected drug-dealing activities there. The house belongs to Murphy's mother. Jester said Murphy's rationale in taking this unusual step was to protect his mother from potential criminal charges.

The disclosure brought gasps of surprise from among Murphy's 20 or so friends and family members in the courtroom. They had gathered to watch Murphy's attorney, M. Gordon Tayback, attempt to persuade Legg that the police did not have sufficient probable cause to search the truck that night. If Tayback prevailed, then the cocaine found as a result of the search could not be used as evidence at trial, undermining the case against Murphy--unless assistant U.S. attorney Philip Jackson succeeded in convincing the judge the search was lawful.

Jester's testimony would seem to provide air-tight probable cause for the search of Murphy's truck. However, for reasons neither disclosed during the hearing nor explained by the U.S. Attorney's Office when City Paper asked about it later, the assertion that Murphy led police to the cocaine was not part of the case. Jester's story was only elicited by Jackson toward the end of the three-hour hearing, amid assurances that it could not be considered when Legg ruled on the probable-cause issue.

In the end, Legg sided with Jackson, ruling that the truck search was legal, without relying on Jester's testimony about Murphy's role in leading the police to the drugs it contained. Legg based his decision on the fact that police don't need a warrant to search a vehicle they know was used in a crime--in this case, police had observed Murphy discard from the truck a bag of trash, which was later found to contain drug-packaging materials coated with cocaine residue.

"In my view," Legg said, "the truck had been used to commit a crime," so "the police were entitled to seize it," thus they were "lawfully entitled to search it." Thus, Jackson's arguments won the day without relying on the fact that Murphy gave up the historic cocaine haul.

As to why Jester's story was excluded from the case, U.S. Attorney's Office spokeswoman Marcia Murphy would only say that "we use what we need, and we got what we needed out of the motions hearing."

Former federal prosecutor Steven Hale Levin, a criminal defense attorney, told City Paper that the "best explanation" for why a defendant's own properly obtained statement wouldn't be used in a case is because "the information came too late" in the discovery process to be included. "The prosecutor probably decided that, rather than risk being berated by a judge [for breaking discovery rules], he's not going to use it against the defendant."

After the hearing, Murphy's case was scheduled for rearraignment on Tuesday, July 7. On July 6, the Baltimore Sun reported that Tayback said Murphy planned to plead guilty. Tayback did not return City Paper's calls regarding the case.

Murphy stands to lose assets that authorities say are tied to his alleged drug-dealing activities. In addition to the more than $11,000 in cash seized from Murphy during the February raid, two West Baltimore properties--1134 N. Monroe St. and 1821 Mosher St.--that are owned by Murphy's business, Up In Coming Realty LLC, were targeted in May for federal forfeiture. Also, state prosecutors in April filed forfeiture proceedings against three vehicles tied to Murphy.

Email Van Smith

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Leave a comment

whocares

3 comments.

Member since 7/8/2009

good ole' Baltimore, never short of crack heads or coke dealers. Hey I have a suggeston - maybe you could charge 25 cents for your paper, so when I go to the city paper box to gather your periodical, there actually is one there, (on a Wed. Morning, when you put out the issue) instead of finding nothing in the box, because all the crack heads in this city already stole them all to build hotels out of. Just an idea.

Report this comment Posted 7.8.2009 1:55 PM

Count Tousser

258 comments.

Member since 8/21/2007

Homeless folk use CITY PAPERs for shelter? Hey, who says the CP is useless....As that Can song "Paperhouse" said....Actually, I never could figure out what Damo Suzuki was singing in that song...

Report this comment Posted 7.9.2009 10:40 AM

Amadeo

115 comments.

Member since 4/10/2008

I love someone complaining about not getting something that's free....especially the website where they can read more than what's actually in the paper.

Report this comment Posted 7.9.2009 12:34 PM

whocares

3 comments.

Member since 7/8/2009

"I love someone complaining about not getting something that's free....especially the website where they can read more than what's actually in the paper."

I love someone who has to make a snyde comment that lacks any substance or point. If you thought before you typed you would have relized I didnt complain about not getting something thats free, I complained that since it didn't costs anything, crackheads and bums steal them, that sir is a completely different thing alltogether.

Report this comment Posted 7.9.2009 2:47 PM

Amadeo

115 comments.

Member since 4/10/2008

How do you steal some thing that's free? My point is you are currently on the website...which actually has more content and your issue is that you couldn't get the paper? Congratulations, you didn't waste the paper. You also make an assumption about where they went. It's been my experience that the City Paper doesn't sit around for days anyway...most people who read it grab it when they see it or they just go to the website. Do your thing though, I'm sure City Paper will totally change what is (Free Alternative Weekly) to ensure your satisfaction.

I'm sure there's a point in there somewhere.

Report this comment Posted 7.9.2009 6:21 PM

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