Murphy resigns as Saratoga County district attorney

BALLSTON SPA >> Saratoga County District Attorney James A. Murphy III wants the people who elected him to decide who succeeds him.

The county’s top law enforcement official has resigned his $160,000-per-year post effective 5 p.m. Thursday, setting up a November election that will almost certainly see Republicans retain control of his office.

If Murphy, 52, who is running unopposed for county court judge, had remained district attorney until Dec. 31, there wouldn’t be an election until November 2015. In the meantime, Gov. Andrew Cuomo would likely name a fellow Democrat to succeed Murphy, possibly leading to a complete DA office staff turnover and considerable disruption of its case load.

“It really has become a very easy decision for me,” said Murphy, surrounded by employees that he’s hired during his 17-year term as district attorney. “I love these guys. They love what they do and they’re very good at it. That’s why this decision is easy.”

First Assistant District Attorney Karen Heggen, who has received the county GOP’s endorsement for the top post, will become acting district attorney effective Friday.

Murphy said he was equally concerned about the impact a potential staff turnover would have on crime victims – another factor that weighed heavily in his decision to step down early.

“I can’t imagine saying to that person that their case has fallen through the cracks, there’s been a hiccup or delay, or that it’s going to be handled in a different way,” he said.

His office, which handles more than 10,000 cases annually, has 500 felony indictments pending.

“It certainly is a bittersweet day for me,” Murphy said. “I feel like I have grown up here. I love this job.”

By resigning, he stands to lose about $45,000 in salary and benefits before getting sworn in Jan. 1 as judge, which comes with a 10-year term and the same salary as district attorney.

“I’ll buy lottery tickets and see how I do,” he said jokingly.

Murphy joined the district attorney’s office 27 years ago under then District Attorney David Wait. Murphy’s first big case was a November 1993 double murder in Moreau, a crime he prosecuted in August 1994. Murphy spared no effort to win a conviction, even getting New York State Police to rip up and bring floorboards containing bloody footprints into the courtroom. Sylvain Turcotte’s two consecutive 25-year-to-life sentences are still the longest sentence ever handed down in Saratoga County.

His office has handled several other high-profile cases, such as the October 2005 attempted kidnapping of Saratoga Springs High School student Lindsey Ferguson that was covered on “Dateline NBC;” the Jane Hearn case, in which a Malta woman was charged with murder for helping her husband commit suicide, a case that reached the U.S. Supreme Court and was covered by “The Today Show;” and the Hope Freid murder, a Northumberland woman whose three foster children killed her.

“Many of these victims and their stories stay with me to this day,” Murphy said.

He said much has been done, since he first started out, to promote victims rights.

“But we still need to go further,” he said.

For example, at sentencings, victims – not convicted defendants – should have the last say, he said.

“Victim advocacy and service has been one of the hallmarks of Jim’s service here,” Heggen said.

If elected judge, as expected, Murphy will spend an intense training period at Pace University, also where he graduated from law school, before taking his seat on the bench. At first, he will be assigned to neighboring counties to prevent a conflict of interest with Saratoga County cases that he’s already begun prosecuting.

It could be eight or nine months before Murphy returns to Saratoga County. The courtroom is the same – he’ll just be in a different seat.

Murphy, a Saratoga Springs resident, will succeed retiring Saratoga County Court Judge Jerry Scarano. Murphy said he simply wants to fill a different role, in explaining his decision to become justice.

“After 27 years in one place, this is a 24/7 job, it’s time for me to move on,” he said.