From “first evidence” to prime rib.
Charges against the owner of an upstate animal sanctuary accused of stealing a police officer's cow were dropped Thursday after the cow was slaughtered and costly evidence destroyed.
The brutal petit theft case against Tracy Murphy was thrown out by a judge because the state trooper who prosecuted her sold the four-legged point of the case, defense attorney Justin Marceau told the Post.
The case against Murphy, a vegan landowner who saves livestock from dinner plates, also unraveled because the supervising investigator is the brother-in-law of police officer Scott Gregson, the alleged owner of the cows.
“The investigation really stinks. This really is the fault of the investigation. It's unfortunate. [The senior investigator] It shouldn’t have had anything to do with it,” Judge Gary Strenkoski said during Wednesday’s pretrial hearing.
According to a timeline provided by the defense, the barnyard cow incident first occurred on July 16, 2022, when two cows invaded Murphy's property in rural Newfane.
Murphy named the cows Ishmael and Little Willow, adopted them, and reported the stray cows to the SPCA.
A week later, Gregson contacted Murphy, claiming he owned the cow and saying he would pick it up in a few days.
When Murphy turned himself in to law enforcement, he refused to hand over the animals, claiming he had a valid lien on them after caring for them for 10 days. He eventually filed charges and got the animals back.
But on Wednesday, the state case unraveled when Mr. Strenkoski suppressed all evidence related to the cows, citing a botched investigation by New York State Police.
Marceau, of the Animal Activist Legal Defense Project, said the cow was sold and slaughtered about a month before it was examined by the defense, despite a warrant that required it to be preserved as “key evidence.”
“We have been looking for evidence of this since the day the cow was last seen.” [in 2022]he said he needed an opportunity to inspect them and have proof of ownership.
“Yesterday, in court, the assistant district attorney said he believed the cows may have been destroyed about a month after they were taken away.”
Marceau said the dismissal of the lawsuit was a huge relief for Murphy.
“The moment they told me I was fired…I put my arm around her and she was in tears. It was a great day in that respect,” he told the Post.
Both the prosecution and defense argued that they learned of the suspicious relationship between Gregson and the lead investigator on Monday, two days before the hearing. Prosecutors and Gregson could not be reached for comment.
A spokesperson for the Animal Activists Legal Defense Project said text messages between Gregson and the SPCA were also suspiciously deleted despite a disclosure order.
The scandal attracted national attention and even caught the attention of actor Joaquin Phoenix earlier this year.
During the altercation between the officer and the vegan, Murphy went on Facebook Live to express his dissatisfaction with the incident, which he believed was a violation of his civil rights, according to the New York Times.
Murphy, who owns Asha Farm Sanctuary, also shared Gregson's home address and phone number with his followers.
Within days, Gregson claimed she received phone calls threatening to rape and kill her children, according to court documents filed in Niagara County.
Local residents from rural, agricultural areas rallied around Gregson. On July 31, they staged a noisy protest outside the animal sanctuary holding signs with derisive phrases such as “Nacho beef!” And “Heifer Heider,” the New York Times reported.
Some demonstrators set up large grills on Murphy's property line and grilled steaks, apparently mocking her devout veganism, the newspaper reported.
“My life was in danger,” Murphy told the paper about the conflict.
Police finally returned to Asha Farm Sanctuary on August 2nd with a warrant.
The cows, which Mr. Gregson called Horny and Blackie, were confiscated and Murphy was arrested.
She was initially charged with one count of grand larceny, which carried a maximum sentence of seven years in prison and a $5,000 fine.
In May, she rejected a plea deal in which she would have pleaded guilty to disorderly conduct in exchange for a suspended sentence.
The deal required Murphy to issue a statement disavowing his decision to adopt and care for the two cows, which Murphy felt was disingenuous, the Niagara Gazette reported.
While many Newfane residents expressed dissatisfaction with Murphy and her mission, actor Joaquin Phoenix supported her, the newspaper reported.
“It is astonishing that a woman who simply showed kindness to two people who wandered onto her property would be punished so harshly,” Phoenix said in a statement released by social impact adviser Michelle Cho. Ta.
Marceau told the Post that Murphy, who has completed his criminal charges, is now focused on “reconciling” with the town and moving forward.
“This has become an international story, like animal rights, but the reality is she's just a nice older woman who wants to give people hugs. So there's no need to do anything about this. I hope there will be reconciliation in the community,” he said.
Additional reporting by Natalie O'Neill
