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Judges uphold convictions for attempted trafficking with an inmate

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The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.

In Natalie E. Murrell v. State of Indiana, No. 67A01-1106-CR-251, Natalie Murrell attempted to bring a bag of tobacco and four cell phones into the Putnamville Correctional Facility while visiting an inmate. She was charged with Class C felony attempted trafficking with an inmate for trying to bring in the cell phones; she was charged with the same crime as a Class A misdemeanor for trying to sneak in the tobacco.

At her bench trial, Murrell asserted a defense of duress, saying she was threatened by unknown people to smuggle in the items. She was convicted of the two charges.

The Court of Appeals affirmed the rejection of Murrell’s duress defense, finding that while she was threatened over the telephone to bring in the items, she was also promised she would receive money for medicine in exchange for delivering the contraband. Also, at any time, she could have called the police.

Murrell’s claim that her Class C felony conviction violates the proportionality clause of the state constitution has two aspects. She argued since cell phones aren’t as dangerous as weapons or controlled substances – the other items that also would warrant a Class C felony charge – she claimed it is constitutionally inappropriate to impose the same penalty. She also argued she is being punished more harshly for bringing in a cell phone than an inmate would be for possessing one.

The judges found the presence of a cell phone in prison can undermine discipline and facilitate other misconduct, as well as allowing inmates to direct criminal activity from behind bars. Therefore, the Class C felony conviction is not disproportionate merely because trafficking in cell phones is treated similarly to bringing controlled substances and weapons.

With regards to Murrell’s argument she’s receiving a harsher punishment for trafficking than an inmate would for possessing a cell phone, the judges noted that it would be difficult, if not impossible, for an inmate to get a cell phone if a visitor didn’t bring one into the prison.

“Therefore, the legislature could have reasonably decided it is easier to deter contraband by punishing most harshly those who attempt to bring contraband into a prison,” wrote Senior Judge Betty Barteau.

The COA ordered the trial court to resentence her because at a hearing, the trial court said the sentences would be served concurrently, but in the final order, the court ordered Murrell to serve them consecutively. The judges found the concurrent sentence order to be more appropriate.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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