Murray’s lawyers want evidence excluded

Attorneys for a Kansas State University English professor charged with murdering his wife have filed a pretrial motion alleging some evidence was mishandled.

Attorneys for professor Thomas E. Murray, who’s charged with murdering his ex-wife, Carmin D. Ross, in November 2003, asked Judge Robert Fairchild on Friday to keep several categories of evidence out of Murray’s upcoming jury trial.

The list includes results from tests of the interior of Murray’s car with luminol, a substance that illuminates blood stains that might not be visible to the naked eye. Defense attorneys say it’s likely prosecutors will present evidence that detectives saw the chemical react with blood inside Murray’s car.

“(P)roper methodology for use of luminol was not followed,” attorney Robert V. Eye wrote. “More specifically, no photos or video were made of the alleged positive reaction to the luminol. … The State has produced neither photographs nor video that depict any positive reactions to luminol in the interior of defendant’s automobile.”

Murray told police they’d find his ex-wife’s blood in his car because she’d borrowed it and had a nose bleed several days before her death.

Other categories of evidence Murray’s attorneys are seeking to keep out of court:

The detective’s opinion was based on kinesics — the study of body language — which Murray’s attorneys argue isn’t a valid science.

“(T)he state has not offered any support that the use of kinesics to determine credibility has been generally accepted within any scientific community,” Eye wrote.

The motion also asks the judge to keep out testimony from anyone offering his or her opinion about Murray’s body language during the interview, saying that’s a matter for the jury to consider.

  • Evidence that Murray, a linguistics scholar, co-authored the book “The Language of Sadomasochism,” a glossary of terms used in sexual sadomasochism. They say it’s irrelevant and prejudicial, and there’s no evidence he has ever engaged in sadomasochism.
  • Testimony from anyone who, upon being told Ross was murdered, told police Murray should be the suspect.

“The State should not be permitted to elicit testimony that implicates or accuses the defendant based solely on his status as ex-spouse of the victim,” Eye wrote.

  • A portion of a videotaped interview with police in which a detective mentions an allegation of sexual improprieties between Murray and his daughter. The allegation isn’t supported and would be prejudicial to a jury, his attorneys argued.

A hearing on pretrial motions is set for Feb. 3. The trial is set to begin Feb. 14.