Last week, defendant Kyle Duffee admitted to a violating his probation in a VOP hearing before Judge Michael Murphy in case 2008MM13931 (he originally pled to a 12/10/08 offense of violating an injunction). His probation officer subsequently filed an affadavit of violation because the defendant had failed to undergo substance abuse evaluation & treatment, enter & complete Batterers’ Intervention Program, and he tested positive for marijuana.Judge Murphy sentenced the defendant to 365 days jail, with the promise that he would suspend all but 90 days if he returned the following week (i.e., today) to turn himself in. That night, Mr. Duffee committed a domestic battery by strangulation assault (new case 2009CF14471) against his victim.
Mr. Duffee returned today, but he was already in a jail jumpsuit and chains. He is being held on no bond in the felony case. Certainly, at this point, Judge Murphy would give him 365 days in jail, wouldn't he? Wouldn't you?
Apparently, he chose to stick to his original sentence of 90 days, saying he had no legal authority to revoke his sentence.
Judge Murphy is a man of his word. Usually I find that an admirable quality. In a situation like this however, it is anything but.
I think I understand why Mr. Duffee is smirking in his mugshot.
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