A Detective Sabotaged His Own Cases Because He Didn’t Like the Prosecutor. The Police Department Did Nothing to Stop Him.

The voicemail left on St. Louis police detective Roger Murphey’s cellphone carried a clear sense of urgency.

A prosecutor in the St. Louis circuit attorney’s office was pleading with Murphey to testify in a murder trial, the sort of thing the lead detective on a case would routinely do to see an arrest through to conviction. The prosecutor told Murphey that, without his testimony, the suspect could walk free.

“I wanted to reach out to you one more time,” Assistant Circuit Attorney Srikant Chigurupati said in a message one afternoon in June 2021. “I do think we need you on this case.”

Murphey didn’t respond.

That evening, Chigurupati left Murphey another voicemail. “If it makes any difference, this guy’s a really bad guy,” Chigurupati said, according to the message, which Murphey provided for this story. “What he did was pretty ridiculous. So, I mean, can you put your differences aside and focus on getting this guy?”

Again, Murphey didn’t respond.

Weeks later, a jury found Brian Vincent not guilty, and he went free. Murphey said he believes his refusal to testify helped scuttle the case — a claim corroborated by at least one juror from the trial.

A number of American cities have elected prosecutors who promised progressive law enforcement, focusing as much on police accountability as being tough on crime. In St. Louis, that prosecutor was Circuit Attorney Kim Gardner, who was elected in 2016 following the fatal police shooting of Michael Brown in the suburb of Ferguson. Gardner came into office pledging to reduce mass incarceration and promote rehabilitation over punishment.

But from San Francisco to Philadelphia, prosecutors like Gardner have faced pushback from the police and, in several cities, from their own courtroom assistants. Politicians and voters have tried to remove some of these prosecutors from office — and, in a number of cities, they have been successful.

Murphey’s resistance to Gardner — Chigurupati’s boss when Vincent’s case went to trial — was unusual and, perhaps, extreme. By his own account, he was willing to help murder suspects walk free to make a point, even if he arrested them and believed that they should be behind bars.

In 2019, Gardner added Murphey to a list of police officers who would not be allowed to apply for criminal charges because of questions about their credibility, and she said her office would evaluate whether those officers could testify in court. Although the identities of those officers were not made public, one of Murphey’s supervisors notified him that his name was on Gardner’s list.

Weeks later, a prosecutor in Gardner’s office notified Murphey that the office not only would actually let him testify in the cases he had led that were heading to trial — it expected him to.

Murphey, who retired in September 2021, said he felt stuck in a Catch-22. If Gardner was going to impugn his character and question his credibility, he decided, he wouldn’t cooperate with her prosecutors. He believed that if he went to court, defense lawyers would use his inclusion on Gardner’s list to attack him on cross-examination, making the trials more about him than the defendants.

Since that time, he has refused to testify in at least nine murder cases in which he served as lead detective. He said he told prosecutors that, if they subpoenaed him to testify, “I’m going to sit on the stand and I’m not going to answer any questions.”

His refusal, according to prosecutors, contributed to their decisions to offer defendants in at least four of the murder cases plea deals with reduced charges and lighter sentences. Prosecutors were still able to get murder convictions in three cases.

In one case, prosecutors dropped the charges altogether, saying the office “did not have witness participation.” Though it wasn’t clear if Murphey’s refusal contributed to the decision, he said the prosecution would have been hamstrung without him because he had collected evidence and conducted interviews in the case.

Vincent’s case was the only acquittal at trial.

Murphey never faced discipline from the police department for refusing to testify, a fact that criminal justice experts find astonishing. They said his refusal undermined not just the integrity of the cases but also the police department’s commitment to justice.

Gardner battled the police and their union over her platform throughout her nearly six and a half years in office. But she also struggled with a host of internal issues, from the departure of dissatisfied prosecutors to a growing backlog of cases that the office could not manage. Those issues contributed to stinging criticism of her leadership — initially from law enforcement but then from even her own prosecutors.

It wasn’t until this May that staff departures became so numerous and pressure on her to resign so fierce that she stepped down. In exchange for her resignation, Republican lawmakers agreed to drop a bill that would have allowed the state to take over the circuit attorney’s office. The Republican attorney general also dropped a lawsuit seeking to force her out.

Robert Tracy, the St. Louis police chief, did not respond to an interview request. Gardner did not respond to requests for comment, and she has retreated from public life. The office is now run by Gabriel Gore, a former federal prosecutor appointed by Gov. Mike Parson, a Republican, to serve until an election next year. Gore has issued updates about his supervision of the office, including hiring dozens of prosecutors and reducing a backlog of pending cases.

Murphey, who sees himself as a righteous renegade in St. Louis’ beleaguered law enforcement system, wishes other officers had taken similar stands against prosecutors like Gardner. But he said he understands why they haven’t. “They have wives, they have kids, they have tuition, medical bills,” he said. “But me — it’s just me and my wife, and my wife is like, ‘Go for it.’”

At least 10 other officers refused to cooperate with Gardner’s team, according to interviews and court records. But Murphey stood apart because of his crucial role in some of the city’s most significant, and most violent, cases.

While expressing some sympathy for the family of the victim whose fatal beating Vincent was tried for, Murphey stood by his decision not to cooperate.

“Brian Vincent should be sitting in a penitentiary right now for the rest of his life,” he said. “But he’s not.”

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