A New Kensington man who was a juror in the trial of a man accused of a triple murder in Loyalhanna testified Tuesday in Westmoreland County Court that he heard a fellow juror comment on why the suspect did not join the judge, attorneys and jurors when they toured the murder scene during his trial 12 years ago.

Andrew Fellowes, who was a juror in the murder trial of Kevin Murphy, 64, of Conemaugh, testified before Westmoreland County Judge Megan Bilik-DeFazio that he overheard a female juror tell another juror as they were getting on a bus to return to Greensburg, referring to Murphy: “I’m glad he wasn’t here.”

Fellowes said in his brief testimony that he had heard two or three jurors talking about the case after being instructed not to discuss it during their trip to the scene at a farmhouse at Ferguson Glass in Loyalhanna.

“It’s juror misconduct,” said defense attorney Kenneth Noga.

Noga is attempting to persuade the judge to order a retrial in the case involving the deaths of Murphy’s mother, Doris Murphy, 69; his sister, Kris Murphy, 43; and his aunt, Edith Tietge, 81, 16 years ago. They were found with gunshots to the backs of their heads inside the family-owned business, Ferguson Glass.

Prosecutors claimed Murphy, who was sentenced to death in 2013, killed his family members over disagreements with them about his desire to move his married girlfriend into the family home.

Assistant District Attorney James Lazar questioned Fellowes on why he had recalled the incident involving the discussion about Murphy for the purposes of a recent affidavit but did not bring it to the attention of anyone in the court 12 years ago during the trial. Fellowes did not provide an answer.

The two-hour hearing was part of the effort by Murphy’s new attorneys, Brian Aston and Noga, to seek a new trial for their client who is on death row for his conviction. Murphy, wearing blue prison clothing, sat shackled next to his attorneys. He did not speak up during the two-hour hearing.

In a 1,300-page appeal, Murphy’s new attorneys claim Murphy deserves a new trial because two other men have been identified as possible suspects. However, the defense attorneys did not raise that issue in Tuesday’s hearing.

“There (were) multiple instances of trial counsel’s ineffective assistance, including counsel’s total failure to have Mr. Murphy evaluated by any kind of mental health professional for purposes of his sentencing,” according to the appeal.

In his testimony, Robert Bell, Murphy’s attorney at trial and a former Indiana County district attorney, said he was not aware of the state case law prohibiting a defendant from waiving their right to attend a jury visit to a crime scene. Had he known that, he said, he would have discussed the matter with Murphy.

“He suffered from not being there,” Aston said.

Bell said he and Murphy discussed whether to go to the murder scene and he advised Murphy not to attend. Had he gone, Bell said, the jury would have seen him surrounded by law enforcement personnel. Bell said he was concerned that such an image, with Murphy not being permitted to speak or move about freely, would not present him in a positive light in the presence of the jurors.

Bell said he did not tell Murphy he might look guilty to the jury if he were not at the scene.

“We did not want the jury to be paying attention to Kevin being there,” Bell said.

Bilik-DeFazio gave the defense attorneys until Jan. 30 to file their legal briefs in the case, and the prosecutors will have until March 1.

Copyright ©2025— Trib Total Media, LLC (TribLIVE.com)