Bring Home Our Dad - Judicial Release for Kelly Murphy

On January 23, 2007, less than 24 hours before the birth of his youngest son, Kelly Murphy was convicted of Felonious Assault (an F2) for a backyard fight where the police filed no formal charges. The fight was a result of a heated argument in which the other party admittedly took part. No weapon was used in the fight; and the other party only received four stitches to his ear.

In March of 2007, Kelly Murphy, Naval veteran, husband and father to three young children (then ages 5, 3 and 6 weeks), was sentenced to 5 years in state prison for that backyard fight. Kelly had no previous felony record.

At the time of sentencing the judge, Judge Charles Pater, stated that he would grant judicial release after Kelly served 4 years, as allowed by Ohio State law at that time. In April 2009, the State of Ohio revised the judicial release rules to make those individuals given 5-year sentences eligible for judicial release after 180 days imprisonment.

Kelly has served over 3 years of that 5-year sentence. Kelly has missed out on 3 years with his family. His kids have missed out on 3 years with their dad. In that time his security level has been lowered, and he has completed all of the programs available to him within the Ohio Prison System. Kelly has filed for judicial release and been denied by Judge Pater. Judge Pater has stated that he sentenced Kelly Murphy according to what the people wanted.

Kelly should have never been convicted of Felonious Assault for this. Regardless, the punishment in this case does not serve the interest of justice nor does it fit the crime.