JUDGE CALLS FOR MORE ARGUMENT IN MURPHY'S TRIAL

Castleberry May Issue His Own Ruling After Jury's Verdict.

Former Snohomish County Sheriff Patrick Murphy may not have produced enough
evidence to legally support a jury finding rn his favor in claims against a
state agency.

But maybe he did.

Superior Court Judge Ronald Castleberry Wednesday said he's not sure.

That's why be took the unusual step of ordering Murphy's lawyer and
assistant attorneys general to produce written arguments on the law before
he makes a decision.

The bottom line is the judge may decide the case instead of the jury.

The situation is complicated by the fact that the order comes at the last
minute of a civil trial in which the former sheriff is seeking up to $10
million in damages for alleged civil conspiracy and negligence by the state
Board of Pharmacy in revealing confidential prescription drug information
about Murphy

The decision comes on the eve of closing arguments, which are scheduled for
this morning. It's likely the jury will begin deliberating the case by
early afternoon. Castleberry said he will continue with the trial and read
the lawyers' legal arguments when they are completed after the jury starts
deliberating.

The judge acknowledged the possibility that he might feel compelled to
overturn a verdict if jurors decide in Murphy's favor.

Greg Jackson, assistant attorney general, argued earlier this week that
there was no evidence in the nearly four-week trial showing there was a
direct cause between what the Pharmacy Board did in 1995 and alleged
damages suffered by Murphy.

On the other hand, Mark Northcraft, a Seattle lawyer representing Murphy
argued there's no question the board's actions directly injured the former
sheriff, who was the city of Snohomish police chief for 13 years.

The judge isn't sure.

"The court remains concerned whether or not the damages to Mr. Murphy were
proximately caused by any actions of the defendant," Castleberry told the
lawyers Wednesday

The Pharmacy Board reacted to complaints that Murphy had been receiving a
large number of prescriptions from multiple doctors. The board started its
investigation in spring 1995, surveying Snohomish County pharmacies. The
board compiled a list of more than 260 prescriptions for Murphy in a
17-month period. Most were narcotic painkillers such as Percocet or
Vicodin, or muscle relaxants.

There was testimony during the trial that Muiphy suffered from a chronic
jaw injury suffered while saving an assault victim in 1988. After that he
was involved in a series of accidents, all of which required frequent pain
medication.

The alleged conspiracy began when board representatives presented the
information to Snohomish County Executive Bob Drewel, chief criminal deputy
prosecutor Jim Townsend and others. Board investigators agreed to pursue
the investigation by interviewing Murphy's doctors and dentists.

Meanwhile, an investigation led to criminal charges against Murphy who had
been appointed sheriff in early 1995. Charges of fraudulently obtaining the
painkilling drugs were filed days before the election in early November
that year.

Murphy lost the election to current Sheriff Rick Bart.

The alleged negligence stems from unlawfully obtaining the health
information about Murphy. A Jefferson County judge threw out the criminal
charges because no search warrants had been obtained prior to getting the
information.

According to testimony, Murphy had nearly recovered from the chronic jaw
injury after surgery, but relapsed as a result of the legal fight against
the criminal charges. He has not worked since, although he testified he has
attempted to get work.

"If they hadn't done what they did, they would never have had information
to charge this man," Northcraft argued.