Lewis County prosecutor issues 'Brady letter' on former Sgt. Tracy Murphy

May 15-Lewis County Prosecutor Jonathan Meyer on Wednesday issued a potential impeachment disclosure (PID) regarding former Centralia Police Department Sgt. Tracy Murphy.

The Chronicle obtained the disclosure on Friday.

Murphy was fired from the department April 29 after serving for over three decades. The termination followed an internal investigation regarding allegations that Murphy had implicated Lewis County Sheriff Rob Snaza and prominent county Republicans in a cocaine operation.

The PID, known informally as a Brady letter, is used to disclose to a criminal defendant information about a government witness that may be exculpatory or impeaching.

The PID Model Policy from the Washington Association of Prosecuting Attorneys obligates prosecutors to disclose such information about its witnesses.

According to RCW 10.93.180, a law enforcement agency must likewise report such conduct "to the prosecuting authority of any jurisdiction in which the officer may testify as a witness."

Brady lists are used by prosecutors to track officers who may be involved in a particular case. They also serve as an unofficial record of those found to have engaged in misconduct.

The original allegations against Murphy, made through a complaint with the Washington state Criminal Justice Training Commission (CJTC), were ultimately not sustained by the investigator.

(Editor's note: To see all the public documents obtained by The Chronicle in relation to Tracy Murphy's termination, visit: https://tinyurl.com/ynxbbned )

In the complaint, the anonymous filer expressed concern that Murphy is "knowingly spreading false information for political purposes," or else the allegations "have some basis in fact," and Murphy "is not reporting them through appropriate legal or professional channels and may instead be using this information to influence or gain leverage in an upcoming election."

Murphy was, and still is, actively campaigning to become the next Lewis County sheriff.

The investigator did conclude, however, that Murphy made false statements while omitting material information during interviews conducted during the internal investigation.

The investigator cited four witness interviews from law enforcement officers who divulged information about discussions related to Snaza and the alleged illegal activity of associates - discussions reportedly had within the Joint Narcotics Enforcement Team (JNET).

At the time, Murphy led JNET.

Centralia Police Chief Andy Caldwell ultimately sided with the investigator's finding that Murphy had "omitted material information and created a misleading impression regarding his knowledge and involvement as it related to the CJTC complaint."

In the PID, Meyer affirms the basis that led to Murphy's firing, specifically that Murphy's actions during the internal investigation in March violated aspects of the police department's policy "related to ethics, conduct, truthfulness, and the handling or disclosure of information."

Murphy, in a campaign statement, said the first investigation interview "lacked clarity regarding terminology and scope."

"In a subsequent interview, I requested clarification to ensure a shared understanding, which addressed those issues," Murphy said.

Murphy told The Chronicle on April 30 that the hangup pertained to a non-disclosure agreement he'd signed with the Drug Enforcement Administration (DEA) prohibiting him from disclosing information without authorization.

(Editor's note: To see all the public documents obtained by The Chronicle in relation to Tracy Murphy's termination, visit: https://tinyurl.com/ynxbbned )

The discrepancies, he said, came "from information that I have that pertain to federal investigations that are not JNET investigations."

Murphy, in his role with JNET, also operated as a deputized DEA agent.

In his letter, Meyer said the attempted explanation fails.

"For both the first and second interview, former Sgt. Murphy was under the same requirements from his command staff," Meyer said.

Even if Murphy was prohibited from disclosing information, Meyer said, "such a duty does not provide license to mislead."

"Worst case scenario, former Sgt. Murphy should have simply declined to answer the questions," Meyer said. "Also of note is that the other law enforcement related personnel confirmed the conversations did take place. Although some of those interviewed also have a role with the DEA, they did not indicate a similar restriction as former Sgt. Murphy claimed."

The prosecutor similarly concluded that any claim that Murphy somehow misunderstood the questions was unrealistic, considering Murphy's background as a law enforcement officer.

Meyer also noted an explicit contradiction between Murphy's "position that the discussions had occurred with no one outside of JNET or the Centralia Police Department" and additional information Meyer said his office obtained on May 8.

"That information included an interview with a person outside the law enforcement realm, a Memorandum (with multiple screenshots) authored by Chief Caldwell, and additional screenshots provided by the reporting party," Meyer said.

(Editor's note: To see all the public documents obtained by The Chronicle in relation to Tracy Murphy's termination, visit: https://tinyurl.com/ynxbbned )

Meyer indicated the interview was conducted by Caldwell on May 7.

The person interviewed, Meyer said, reportedly had a conversation with one of Murphy's family members.

"The conversation included a portion of the allegations made to CJTC with former Sgt. Murphy confirming the accuracy of the statement," Meyer said.

Meyer said it was "clear the actions of former Sgt. Murphy" constituted "material that must be disclosed pursuant to the obligations placed upon this Office by the applicable laws, rules, and policies."

"However, this should not be construed as any type of official determination by this office as to the relevance or admissibility of any of the information," Meyer said. "Any attempt to use this information in any fashion at a hearing or trial may be the subject of pre-trial litigation in the appropriate jurisdiction."

On Tuesday, Centralia police officer Andrew Huerta spoke in Murphy's defense during a Centralia City Council meeting. During his statement, he said JNET was no longer operational.

The unit was composed of detectives and agents from the Centralia Police Department, the Chehalis Police Department, the Washington state Department of Corrections and the DEA.

To read previous coverage of the anonymous complaint and internal investigation that led to Murphy's firing, visit https://tinyurl.com/29d944hc.

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