A man convicted of murdering his wife’s family in 2015 is trying to access investigative materials from his trial ahead of a new appeal attempt, but a judge rejected his motion to get them Tuesday in Spokane County Superior Court.
Roy Murry hopes to file a personal restraint petition as a last resort after just one of his five convictions was overturned on appeal last year.
To prevail, Murry would have to prove his sentence was obtained in an unconstitutional criminal proceeding, or that important facts were not heard at trial.
Hours after his estranged wife, Amanda Constable, told Murry she wanted a divorce in 2015, he went to her Colbert home and killed her stepfather, Terry Canfield, 59; mother, Lisa Canfield, 52; and brother John Constable, 23 .
Murry then waited for Amanda Constable to return to the home. When she didn’t arrive, he set the house on fire.
On Tuesday, Murry, who represented himself, said he had never been provided copies of the discovery done by the Spokane County Prosecutor’s Office and that he needed the information to file his petition.
While Murry is getting the documents via a public records request, he said the process would take too long and prevent him from filing the petition promptly.
Judge Julie McKay found that there was no process to speed up the public disclosure and denied Murry’s motion.
At his trial in 2016, Murry was convicted of three counts of premeditated murder, along with arson and attempted murder.
That attempted murder conviction was reversed late last year by the Division III Court of Appeals, which ruled the count had been improperly charged. Murry was charged with attempted murder rather than premeditated attempted murder, which was the appropriate charge.
The Spokane County Prosecutor’s Office opted to dismiss the charge rather than go through another trial, according to court documents.
Murry was again sentenced to life in prison without the possibility of parole for the three murder convictions and to more than seven years in prison for arson.
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