Prosecuting Attorney will present to a grand jury in April, starting court process over again.

Brandon Murray appeared in Logan County Court on Tuesday, March 27 and Wednesday, March 28 in response to charges of Rape and Gross Sexual Imposition resulting from an incident that took place at Froggy’s at Indian Lake on June 25, 2017.

During the testimony by the victim, she explained that she had known Murray since she was a student at Tecumseh High School where Brandon was a substitute teacher. In the fall of 2011 she and a roommate worked with Murray as part of a “travel business” that he was operating selling travel to college students and others. The victim also knew Murray’s wife from when she was in middle school and described her as a “great friend.”

The victim was part of an annual party group that traveled to the Logan County recreational area and according to testimony, 189 invitations were sent out on social media by Murray’s wife, however only 9 attended the event which began at Murray’s mother’s home with drinking and a cookout.

During the trip to the lake area, Murray, his wife, sister, brother and the victim rode in a van owned by his mother and the group continued to consume alcoholic beverages on the trip. When they arrived, Murray’s brother parked the van in a lot across the street from the bar where there were no video cameras or law enforcement officers on duty. The group met two other couples at the bar and partied during the afternoon until the bar closed at 6:00 pm.

The victim testified to severe vomiting in the bathroom of the bar before returning to the van for the trip back to New Carlisle. Murray’s sister and brother returned to the bar to locate the brother’s wallet and to order food before departing. They testified that they did in fact go to the van and then back to the restaurant portion of Froggy’s however the wait would be an hour for food. They testified to speaking with one of the couples still in the building and that it took between 5 – 10 minutes to return to the van for the ride home.

The victim testified that Murray participated in removing her swimsuit top and fondling her and digitally raping her. She did not report the incident to the police at the time and did ride home with the others in the van. She did testify to telling her best friend about what had happened.

In the days that followed, the victim reported receiving text messages from Murray which were not typical. She also reported that Murray’s wife had sent a group text stating that she felt horrible and had no recollection of what had happened during the late afternoon of the party date.

The Prosecuting Attorney presented a voice recording made by the victim when she and a family member went to Murray’s home to confront him regarding the events in early July. On the tape, Murray can be heard stating “I don’t remember anything” and “I am so, so sorry.” He later states “If I say I remember I would be making something up.”

On the tape, Murray’s wife states that she believes the victim and that “at any time you can call the police.” Murray stated “I know I was wrong” but again stated he did not remember.

On day two of the trial the State played a video interview conducted on August 7 at the Logan County Sheriff’s Office by a member of the detective unit who specializes in sex crimes and has 21 years in law enforcement.

During the video, Murray admits to drinking 6 – 7 shots and stated that both he and his wife were “drunk.” He confirms to the detective that his wife was in the second seat of the van and “I was making out with (the victim). He also tells the detective “I usually don’t forget things.” He also went on to indicate that the victim did tell him to stop asking “where does the law come in.” When asked why he did not tell his side of the story on the voice recording in front of his wife he stated “I was not capable of dealing with her in front of my wife.”

During the interview the detective asks Murray if he was aware of photos of his wife after a domestic disturbance that his wife shared with the victim between June 25 and the filing of the complaint on July 31. Murray stated that he was aware.

In direct questioning by the detective Murray was asked about the incident on June 25 at Froggy’s. “Did you take things too far”? Murray answered yes stating that his wife was also involved and that she stopped and that he should have stopped as well.

The defense called five witnesses including Murray’s wife. In her testimony she stated “I don’t remember walking out of the bar.” She went on to state that she “doesn’t remember anything since the last drink” until they pulled into the driveway at her mother in-law’s home.

Murray also took the stand in his defense. When asked about the June 25 incident he states that his wife untied the victim’s bathing suit top. He stated later that he is not confrontational with his wife because “I can’t win.”

When questioned by the Prosecuting Attorney, Murray stated that he was “sober enough to remember everything.” He also confirmed that his wife had untied the top of the victim. He confirmed during testimony that he did fondle the victim above the waist. When asked about stating he did not remember and the apology on the audio recording, Murray stated “I would say whatever she wanted to shut my wife up.” Murray confirmed that he was not “emotionally capable” of dealing with the allegations during the recording and that “If I don’t say what Molly wanted I would get shut down.”

Murray was also asked about another incident involving a “friends” younger sister. Murray denied the accusations presented by the State.

The jury was charged at 4:30 on Wednesday, March 28 following closing arguments. They were given the definition of rape and gross sexual imposition.

On Thursday, March 29 the jury of 9 women and 3 men having deliberated for an evening and the following day could not reach a consensus. At 5 pm Judge William Gosslee declared a mistrial.

We spoke to Prosecuting Attorney Eric Stewart who stated that he does believe the case is valid and will be working to present the case before the Grand Jury sometime in April. Grand Jury hearings are secret and dates are not provided to the public.

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