Suffolk judge to rule on special prosecutor request in drunken driving case Friday

A Suffolk County judge said Wednesday that he’ll rule by the end of the week on a defense motion seeking the appointment of a special prosecutor in the case of a Holbrook man accused of driving drunk and killing a 12-year-old Boy Scout.

Suffolk Supervising Judge Mark Cohen said he plans to issue a ruling Friday in response to a motion from the defense attorney for Thomas Murphy, who alleges the Suffolk district attorney’s office has “poisoned” the jury pool against his client.

Cohen set a noon Thursday deadline for prosecutors to file a response to the defense motion and a 5 p.m. deadline for the defense to reply.

Cohen also denied a request by the defense to delay the start of Murphy’s trial, which is set to begin next week.

Defense attorney Steven Politi in a motion filed Wednesday asked that Suffolk District Attorney Timothy Sini’s office be removed from prosecuting the case against Murphy, 60, because it has “closely aligned” itself with the victim’s family. The office asked them to speak at a public forum designed to divert youth from drinking and driving and has made “misleading and inaccurate” statements about his client, according to the motion.

During Wednesday’s brief conference before Cohen, prosecutor Glenn Green, chief of the appeals and training bureau for the Suffolk district attorney, said Politi’s allegations have “no basis.”

Murphy has pleaded not guilty to charges including aggravated vehicular homicide, assault and driving while intoxicated in the Sept. 30, 2018, crash in Manorville, which left Andrew McMorris dead and another Scout from Troop 161 seriously injured. Jury selection for Murphy's trial is slated to begin Tuesday.

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.