Entitled Ex-Wife Demands Lifetime Alimony From Husband Paycheck

All right, for the record this case number TCL-20-D-151 in the matter of Matthew Murphy and Casey Murphy. My understanding the parties have a partial agreement for a final hearing in this matter. And then there is a contested issue. >> That's correct, Your Honor. I I I have a motion for continuance. I understand that there's been two prior times where where it has been continued for our behalf. So, I understand the situation that the court is in, but I was retained the day before yesterday and there's some issues with medical records and etc. I just do not have some urging a motion for continuance for that. But, I understand the situation where you're in. >> Mr. Alverson? >> Your Honor, we're obviously opposed. The second time Ms. Murphy received a continuance, the court told her she would no longer receive another one. She started out with Mr. Varshall, let him go, then she told us she was getting legal aid, apparently that didn't happen. Now she's retained Mr. Lee and we believe that even with the medical records on the issue that's being addressed, it wouldn't matter. So, we're we're asking that the court go forward as Ms. Murphy was told at the last hearing that she would not receive another continuance. This case has been filed since May of last year and we're we're just ready to be divorced. >> Okay. I'm going to deny the motion for continuance. Therefore, let's see. Mr. Alverson, you're the moving party and you're the petitioner. >> That's correct, Your Honor. >> All right, you may call your first witness. >> I'll call Matthew Murphy. >> Will you raise your hand and be sworn, please? Do you solemnly swear or affirm your testimony to be the truth, the whole truth, and nothing but the truth, so help you God? >> Yes, sir. >> All right, you'll need to speak a little louder, okay? >> Yes, sir. >> All right. Would you state your Would you state your name for the court? >> Matthew Mark Murphy. >> And prior to the filing of this divorce, were you a resident of Texas and of Cass County for the preceding 6-month period? >> Yes, sir. >> And are you presently married to Casey Murphy? >> Yes, sir. >> And were you married to Ms. Murphy on or about September 22nd of 2018? >> Yes, sir. >> And did y'all cease to live together as spouses on or about May 2nd of 2020? >> Yes, sir. >> Has your marriage to Ms. Murphy become insupportable due to a conflict or discord of personalities that has destroyed the legitimate ends of that marriage relationship? >> Yes, sir. >> Were there any children born or adopted to this marriage? >> No, sir. >> Are there any children expected? >> No, sir. >> Okay. Have you and Ms. Murphy, through counsel, reached an agreement in regards to your community property? >> Yes. >> Okay, and under that agreement, you have some separate property items that are being awarded to you, is that correct? >> Yes, sir. >> You have a 2011 Puma camper trailer, is that correct? >> Yes, sir. >> You have a 2003 Harley-Davidson Dyna Glide motorcycle? >> Yes, sir. >> And you have 14.9 acres of land, is that correct? >> Yes, sir. >> Okay. Um We have also agreed that you will receive the 6.5 Creedmoor rifle, >> Yes, sir. >> the Kimber 1911 .45, >> Yes, sir. >> and the Colt Commander .38. >> Yes, sir. >> Okay. You're also going to receive the marital home, um and in exchange, you were going to pay her $8,500 as her her reimbursement of a down payment that she paid of $3500 and the money she requested is what she believes the equity would be in that trailer home that you and she owned. >> Yes, sir. >> And you're going to pay that immediately upon the time that she moves out of that location. Is that correct? >> Yes, sir. >> Okay. She is going to receive the Ruger .22 long rifle. >> Yes. >> A Ruger 10/22 .22 long rifle. >> Yes. >> A .410 shotgun. >> Yes. >> And a 9 mm pistol that she has. Is that correct? >> Yes, sir. >> Okay. She's also going to receive the four-wheeler that y'all had. >> Yes. >> And her separate property 2007 Ford Explorer. Is that correct? >> Yes. >> We've also agreed that she will receive one half of your retirement from the date of marriage to the date of separation which we're hoping is granted today. Is that correct? >> Yes, sir. >> Um and we know that you have a significant amount of money in there. Um so it will be enough to cover whatever her portion is that she's entitled to. Is that correct? >> Yes, sir. >> Okay. And do you believe that that is y'all's full agreement other than you'll receive um all your personal items and she'll receive all of her personal items? >> Yes, sir. >> Um and are you asking the court to approve that agreement that you and she have reached? >> Yes, sir. >> Okay. As far as you're concerned, those are all the issues for the divorce. Is that correct? >> Yes, sir. >> Um now you do understand that she's making a claim um today. It's our understanding she's going to make a claim for spousal maintenance. Is that correct? >> Yes, sir. >> Um what was Ms. Murphy's um work when y'all got together? What was she doing for work? >> Cleaning houses. >> So she was cleaning houses? >> Yes, sir. >> Um do you know who she was working for? >> Howard and Kathy Barnwell and Andy Russian. >> Okay. Was she Did she ever do any other job while y'all were together? >> She worked at uh the ranch. >> And >> steak house in in Atlanta. >> And do you know what she did there? >> Waitress. >> Okay. And how long did she work there? >> Approximately 2 months. >> Okay. So, in the uh little over or right around 2 years y'all were together, she cleaned houses and waitress for about 2 months. >> Yes, sir. >> Okay. Do you know of any reason right now that she couldn't continue to do those jobs? >> No, sir. >> Okay. Um, do you know if she's been working since y'all separated? >> I have no idea. >> Okay. Um Does she receive a disability check from the government that you're aware of? >> Not to my knowledge, no. >> Has she ever been diagnosed by a doctor with an actual disability? >> Not to my knowledge, no. >> Okay. And y'all obviously weren't married for 10 years, correct? >> That's correct. >> Um, and you believe that she can provide for her reasonable and necessary needs based off the retirement, um, the money you're paying her and the other items she's received here today. >> Yes, sir. >> I'll pass the witness, your honor. >> Cross-examine. >> Uh yeah, I have a couple of questions uh to make sure we understand the agreement and maybe we misspoke. We understood that you that you think she has a couple of Colt guns and we've agreed that if she had she didn't know she had them, but if she has them, she'll turn them over to you. Is that correct? >> Yes, sir. >> We We also thought that that she was going to keep We agreed that that she would keep the Kimber. And is is that a problem? >> Well, when we when we spoke earlier, the agreement was she got the two Rugers and we got the Kimber and the Colt. Uh and then we had the issue of the 6.5 and when we called back y'all said that was no longer an issue that that was >> 6.5 we agreed we I we thought the agreement was Uh there's also a .410 rifle that she keeps .222 uh she apparently does not know anything about a 9 mm. >> Okay, the Kimber I don't >> but you you have the Kimber >> I do not have the Kimber. >> Okay. >> That was his gun. He got 20 cents. >> Okay, then that's not an issue. Okay, I'm sorry. I misspoke. Um the Kimber is not an issue. That's apparently your gun. If she has it, she'll turn it over to you. Okay, um of course she's giving you the the house it it's free and clear to you you you'll give her 8,500 upon her moving out and she's supposed to move out at least before 90 days. Is that correct? >> Yes, sir. >> And when she when she'll give you a date when she's be out, you will give her uh the check. >> Yes, sir. >> Is there anything that I missed so far? >> No, sir. >> All right. Um y'all separated back in May last year, is that correct? >> Yes, sir. >> And I understand you don't want to get in into the specifics and your lawyer can tell you whether testify or not because there's criminal charges pending. But uh there was an incident that took place in early May last year, is that correct? >> Yes, sir. >> And then uh she received she made accusations against you. >> That's correct. >> And um there's texts back and forth for you you and your mother asking her not to press charges cuz you'd lose your gun rights. You remember doing that? >> I was not. >> Okay. And Do do currently have felony charges pending you on you, is that correct? >> Pending. >> Right. And it then regards to assault on on her. Felony assault. >> Yes. >> And interference with uh telephonic communica- emergency communication, that sort of thing. All right. Are you denying that this instance has happened or what what what happened on that day? >> If if you would state correctly what I was charged with, I'd answer it. >> Well, you tell me what happened on that on that day when the char- >> Sir, I was charged and arrested for felony assault and impeding breath. >> Okay, impeding breath, not emergency calls, okay. >> And I have fully cooperated with everything that the DA has asked, everything the Cass County Sheriff >> What is your version on what happened that day? >> My version on what happened is is that we had a disagreement. I defended myself, sir, and she had me arrested. Those charges are pending and I have not been convicted. >> How do you how did you defend yourself? >> Sir? >> How did you defend yourself? What actions did you take? From your version. >> From my version? [snorts] Whenever I was defending myself, uh you're going to have to be more specific. I don't >> Did you push her downstairs? >> I pushed the woman in defense, yes. >> Twice? >> No. >> Did you choke her? >> No, sir. I did not. >> Pass witness. >> Redirect. Mr. Murphy, you you have some pending criminal charges in Cass County, is that correct? >> That's correct. >> And you and Ms. Murphy were asked to cooperate and turn over cell phones, text messages, things of that nature. Is that correct? >> That's correct. >> Did you do so? >> Yes, sir. >> Um, did you meet with the DA and give your version of the story? >> Yes, sir. >> And that case is still being investigated and as of right now we don't have a final trial date or anything of that nature. Is that correct? >> That's correct. >> Um, and so there's no telling when that case will be set for hearings or or a trial date and and Mr. Lee and his client acknowledge acknowledge that. Is that correct? >> That's correct. >> Um, and so you've not been convicted of any crime associated with any assault or anything on Ms. Murphy. >> That's correct. >> Okay. Um, do you know um, from the investigation and from what you've learned if Ms. Murphy cooperated and and did what she was asked? >> My knowledge, she hasn't. >> And and so she refused to turn over her cell phone and those items to the DA's office is our understanding. >> Yes, sir. >> Um, and so those charges are still pending. There's no convictions and no set trial dates at this point. >> That's correct. >> I'll pass the witness, Your Honor. >> I have no cross. I have no cross, Your Honor. >> Okay. Call your next witness, Mr. Alverson. >> I'll call Ms. Murphy, Your Honor. >> All right. Will you raise your hand and be sworn, please? And do you also swear or affirm the testimony that you're to give will be the truth, the whole truth, and nothing but the truth, so help you God? >> I do, sir. >> You may lower your hand and you may proceed, Mr. Alverson. >> Will you state your name for the court? >> Kacie Ryan Easley Murphy. >> And Ms. Murphy, you've been able to hear my questions of Mr. Murphy in regards to y'alls agreement and the dates of your marriage and separation? >> Yes, sir, I have. >> And you've heard all of his answers to those questions? >> Yes, sir, I have. >> And if I asked you if that was your agreement, is that the agreement that you and he have reached this morning? >> The agreement, yes, but he hasn't been truthful. >> But I'm just asking you about the agreement. Have you Yes. Okay. And so you are asking the court to approve that agreement that we have stated in the record this morning. >> Yes. >> Okay. Um and you are asking the court for a divorce today, is that correct? >> Yes. >> Um now in your counter petition that Mr. Lee filed, it said you were requesting a name change, is that correct? >> Oh, yes. >> And so are you wanting to go back to Easley? >> Yes, sir. I'm proud of my last name. >> Okay. And that is spelled E A S L E Y? >> Yes, sir. >> Okay. Um And do you believe that that property division is fair and equitable to both you and Mr. Murphy? >> It's not fair, but it's going to be the best choice, so yes. >> Okay. Um When it comes to your claim for spousal support, Ms. Murphy, has to your knowledge, has Mr. Murphy been convicted of anything associated with these charges you've pressed? >> Um the DA called me back and told me that they had evidence proving that he did set this up to kill me that night. I know that is pending because of the coronavirus. That there has been no criminal courts have been taken in yet, so that's why we are where we are right now. >> So again, as I asked you, he's not been convicted or received any kind of probation based on the charges you pressed to this >> He hasn't been convicted, but he's been to jail for it. >> Correct. So he's not been convicted or reserved any kind of probation. >> Not yet, no. >> Okay. And you don't disagree that you and he weren't married for 10 years. >> No. >> Okay. Um you you and he had no children together. >> No, but he did put my kids on insurance and said that he was going to adopt them. >> Okay, but that never took place. Never adopted and you have no children. >> god. >> Okay. Um, so have you have you been have you received disability from the from the state or anybody at this point? >> No, I'm still going to doctors. I'm still seeing the state doctors. They want me to see the unemployment uh disability doctors. >> So, you've not even applied for disability yet. >> Yes, I have applied for disability. There's only so many doctors you have to see. >> Okay. But you've not received anything or or gotten any form of disability from anybody to this point. >> No. >> Okay. I'll pass the witness, your honor. >> Ms. Lee. >> Ms. Lee, um Do you have any income at the moment? >> I have my unemployment. >> And which is how much? >> $1,014 every 2 weeks. >> And you have two children. >> Three children. >> Three children. Uh currently Mr. your husband has been paying the house note on the trailer. So, you have not been able you did not have to pay that. That is how much? >> Uh around 775. >> And but you've been paying the electricity. >> No, he's been paying the electricity. >> been paying the electricity. Uh your other expense Well, I'll get into that in a little bit. Basically, part of the reason for the continuance was to get the medical records together and be able to prove the disability to the court, but uh but it would also there there was no way the trial was going to take place here in Cass County on a criminal charge uh within a year's time. >> Right. >> And, especially with COVID. >> Right. >> And, that slowed everything down. So, yes, he's not been convicted, but you anticipate uh, that he'll have to answer to it at a future date. >> Yes, sir. I'm going to participate with the state. >> Tell us, tell the court what happened on that night, uh, briefly, uh, specifically to the injuries. >> I was sitting in my car. He wanted me to come in. It went on for 45 minutes, him texting me back and forth. Uh, wanted me to come in the house. I wouldn't go in cuz I just felt something was wrong. He came outside and tried to break my door. I tried to call my dad. He took my phone, my keys, my gun, went in the house. I was right behind him going up the steps. He turned around and pushed me down the steps at the from the very top step. I went down. Oh my god, are you okay? Are you okay? I was able to get back up. Thank god, because I have back injuries from car accident. You know, many years ago, but I got up. I tried to waited till I see a way open. I tried to go back in and he put his arm in front of me and knocked me down the steps again. Then, after that, I got back up again. He went in the house, locked the door. I'm pacing back and forth. I see my daughter's bike. I get on my daughter's bike and I try to ride it up to my mom and dad's. He puts his arm around my neck and pulls me off my daughter's bike. I screamed, "Daddy!" He only lives a quarter of a mile up the road. And, I screamed, "My daddy! And, when I did it, he put his hand over my mouth and my nose and went to suffocating me. As he was choking me, he took me to the pallet in front of my steps. And, he went to killing me. I did go out for a moment of time and I could hear him pacing and going, "Oh my god, what did I do? What did I do?" And, then afterwards, it was, "Please don't call the cops. Please don't call the cops. So, pay the bills. I'll I'll move to the other end of the house. I'll get the trailer. I'll move to the other end of the house. I'll keep money for y'all. Please don't call the cops. I prayed for him before he left that night. I prayed for our family. I prayed for him. And his mom and him steadily text me. Don't don't TELL YOUR DOCTOR. DON'T TELL YOUR DOCTOR. My doctor has a report of this as well, Sunny who And I did did not have her report because I called the cops myself. >> And uh as a result of that, did you have to go to the doctor? >> Yes. >> Was it that night or was it a >> It was a couple of weeks later. Um I I went to the doctor. I I called and she was able to talk to me over the phone because I had so many injuries that I didn't want to be seen. I had bruises up and down my body. I couldn't barely walk. I didn't want to be seen. I didn't I I wanted to be >> Okay. >> I I I just the PTSD of it all. I just wanted to be in a hole. >> Everybody on his side of the family was basically begging you not to press charges, not to go and and and did you stay in the house? >> Yes. >> Okay. Did at some point you had to go to the doctor, is that correct? >> Yes. >> You talked to her, but you had to go. >> to go. >> Were you hospitalized? >> Yes, in Decatur, GA. >> Did you have within the first month after this instant were you hospital hospitalized three times? >> Um within the second month. And that's >> six weeks or so, yeah. >> Yes, within the six weeks. >> Uh and the first time was what? >> First time was um my ankles uh flipping out from underneath me and me blacking out. And then um I was septic and >> Okay, let's set the first time. What was the diagnosis? What did they look at? >> Uh the neuropathy. >> All right. >> Your honor, I'm going to object to this hearsay. >> Just to say >> Okay. What was your diagnosis at that time? >> Neuropathy. >> Did they send you to a neurologist? >> Yes. >> Did he confirm? >> Yes. >> I don't object to hearsay. >> Sustain. >> [clears throat] >> And were you then treated? For neuropathy? >> Yes. >> Were you referred to another a specialist? >> Yes. >> Could you attend that specialist? >> No. >> Why? >> Because of the storms. >> And COVID. >> COVID, yes. >> It took a while to get in. >> then we're still we're rescheduled. >> And that's still >> I still have um yes. >> to the doctor. And what do you mean what are the symptoms you have of the neuropathy? >> Um I can't put I can't put too much pressure on my right leg, but I have pains down my right leg all throughout the night. I can't walk with a lot I get off balance really easy. I use a cane a lot. As hearing mentioned earlier about me being at the Christmas thing, I had a cane the whole entire time. >> We'll get to that. Let's just Your symptoms are basically weakness and pain. >> Weakness and pain. I can I will fall and black out. >> And is that progressively getting worse? >> It's getting worse. >> Was it that bad at the beginning? >> It was not bad at the beginning. >> And uh So over the last 9 months or 10 months, it's >> I've become have blackouts and seizures. >> You can still function. You got a track mates. >> I go to watch my kids, yes. I can't drive. >> You've gone fishing. >> Yes. >> Uh you can't sit still for long periods of time, but you can you can do things. Family reunion. I think you went to a family reunion. Do you And but it's progressively getting worse. >> Yes. >> The second hospitalization, what What that for? >> Um kidney damage, uh septic septic um blood in my urine. I became septic. Kidney my kidney damage. >> That was about 3 weeks after or so or 3 >> After we found out that >> After this incident. And um That uh the diagnosis was kidney damage blunt force trauma. >> Blunt force trauma. >> And what is the what treatments are you taking for that? >> Um have to be on an antibiotic all the time. I am having to take cranberry pills. Uh drink lots of water. Um and I'm still having to see a urologist. >> And is that apparently permanent? >> [laughter] >> I don't know. >> But there's permanent damage. >> But there's permanent damage to my kidneys. >> And as far as the neuropathy you're is that permanent? >> Could be. Uh very permanent. >> Okay, the third >> There's There's no Right now there's no cure for neuropathy. So yes, it's a permanent. >> And then the third hospitalization which was 5 or 6 weeks after? >> Yes. >> What was that for? >> For blackouts and seizures. >> And And how the seizures Did you ever have seizures before? >> No. >> Did you have neuroth- neuropathy before? >> No, sir. >> Did you have kidney damage before? >> No, sir. >> Okay, the seizures that you're having how often do you have them? >> Um I don't I don't know. It's irregular. >> Regular. We don't know. I can't drive. My doctor won't release me to drive due to it. >> How many seizures have you had in the past since you started having them? >> 8 to 12. >> You had one this week. >> one last week. >> Where where >> This last week. >> Last week. Were you hospitalized >> Yes. >> for that? >> For 6 hours. >> And >> E.R. E.R. E.R. They kept >> And uh again >> you don't know how long it's going to be or or you don't you don't know >> I don't know when it's going to happen. >> And they won't let you drive. >> I can well not I can't drive. >> Could you stand on your feet long enough to be a waitress? >> No. >> Could you stand on your feet and walk enough to clean house? >> No, cuz you have to bend and I have no balance to bend even to it even tie my own shoes. I can't tie my shoes or my own without falling backwards. >> You're able to function. You can go to school functions that if you don't have a >> as my parents drive me and I most of the time I have to put my foot in a different chair. >> Right. And you have to and you can't stay one position too long. >> Right. >> Uh but can you think or do you have any training or any ability right now that you could get a job with these conditions? >> No. >> I mean there might be something you could do but you don't you don't have any training for that, right? >> for that. I'm sorry. >> Right now. And they're not so far you don't have much hope that it's ever going to get any better. >> No. >> Yeah, perhaps the kidney will will fully function but you don't know. >> but right now I don't believe it is. >> And you're going to a counselor. >> Yes, sir. >> Who are you going to? >> Her name is Jennifer. She's from Genesis Prime Care. >> And are you being treated for post-traumatic stress syndrome? >> Yes, sir. >> What are your issues involving that? >> I had it before but it's gotten worse. >> You had it before >> I had it before our incident. >> Okay, so >> But it he mentally and physically abused me throughout our whole marriage and my children. >> What are your what are your symptoms? >> My symptoms are I have flashbacks. I can't be in crowds. Loud noises bother me. I don't like screaming yelling um I react to gunshots. I react to anyone putting their hands close to my neck. Um just there's so many. I nightmares. >> And is that making it hard for you to function? >> On a daily basis, yes. >> I haven't gone to school events. I I have to go away from my kid from the crowd. I can't be right by the crowd. I have to be somewhere where I can just see my kid running. >> Of all the symptoms we talked about, the PTSD was pre-existing, but it's been aggravated by all of this. >> And uh you and I have gone over the problems we had when you retained me. You paid me what, 2 days ago? >> Yes, sir. >> And uh And and you paid that out of your uh stimulus check, I think. >> My kids. >> And uh that we would have trouble getting all that together. We We needed a continuance to to prove up your all your medicals and to establish >> Yes, sir. >> uh whether he's going to be convicted, but obviously >> I messed up. >> be another year or 2 before they actually goes to trial. So, he's never been He's not been convicted. Uh but it is pending. >> Yes, sir. >> He did Did he get a protective order Did you get a protective order against >> Yes, sir. >> Like a 90-day >> gave me a protective order and a no contact order from him. 90 days. >> And uh He has been at least good enough to pay for your electricity and and the trailer. >> phone bill. >> And your phone bill. Uh But uh go over your expenses your anticipated expenses per month after the divorce. >> Okay. Um >> Well, your your house payment or apartment rent would be around 700. Is that correct? >> Yes, sir. >> Electric bill would be 70 80 bucks. >> Um I'm say 125 to 175 cuz it's free cast. Uh phone is 60 to $80. If he releases me and lets me have my phone number like he said he would. Um the water 60 to 80 dollars. House note We already just talked We just talked about that. Car insurance is $60. Um cuz I am going to have to have car insurance for my daughters that's getting her license. And Um my prescription copay is $60 a month which I'm still on his insurance for prescription. >> uh because you'll be going off of his insurance. >> Yes, sir. >> And uh >> And I don't know what all of his copays are. >> Uh the you do you are on food stamps so your food is pretty much handled. Uh So, you're going to have 1,200 to 1,500 dollars a month expenses. >> Yes, sir. >> And you're getting right now a thousand dollars a month on unemployment. >> I I get 2,000 a month. A thousand dollars every two weeks. >> Okay, and that's going to expire >> Yes, sir. >> fairly shortly within a few within a couple of three or four months. >> Yes. >> Uh you don't know when you are applying for social security disability and going through the steps but you don't have a clue to when that's going to going to happen. >> No, sir. >> Do you Are you testifying that you are disabled? >> Yes, sir. >> And you believe it's permanent disability? >> Yes, sir. >> Pass the witness. >> Cross. >> Ms. Murphy you stated some bills like you already knew where you were going. Do you know where you're going to be? >> No, I don't. >> Well, you said your electric was going to be with Bo We Cast so how do you know where your electric's going to be if you don't know where you're going? >> Because the area where I'm going where I'm planning on moving to is going to be Bowie Cass. >> Okay, are you planning on living in an apartment complex, a house? What are you planning on moving to? >> That doesn't matter. I don't know. I >> But you know of a general area? >> It's the general area around my parents. >> Okay. Um Miss Murphy, you you said you had a a severe car wreck, is that correct? >> Yeah, in 2007. No, 2006. Which you know because you were Miss you worked for Frost and y'all were handled my car accident, too. >> No, ma'am. I wasn't a lawyer until 2008. >> Well, you were here during that. >> Okay. What were your injuries in that car wreck? >> Um I had a splenectomy, emergency splenectomy, and I had um seven discs that with no cushion. But the cushion somehow with God had grown back. And I was able to be able to do work, like have my own house cleaning business. And I had more than two client clients. I had four. Weekly. >> But I mean, you had some pretty serious injuries as a result of that car wreck. >> Yes, I did. But I was able to to build my muscles back up. And recover like I like the doctors said I never would. >> Okay. Miss Murphy, whenever you filed the criminal charges, were you asked to turn over certain evidence to the DA? >> Um not when I filed the criminal charges, no. Not until you told Matt not to go with them because you told him Matt told the the uh officers that he that I had threatened him in text message that I was going to send him to jail if he went and filed for divorce. And that's when they wanted my phone. I told them to get his phone because he's the criminal, not me. And then they called me back and said, "Ms. Murphy, he brought his phone in here. And you're right." >> What a >> And that's when I got my the I got the uh restraining order and the no contact order. The state put it against him. I didn't have to hire a lawyer. The state did it. So, he proved that he did all of it because they got they dumped his phone. >> Well, I mean, you Okay, you understand that he already had the protective order and had already been arrested before we did all that, correct? Those weren't the result of us turning over evidence. That was already in place. >> No, he wasn't. He had not been arrested yet. >> Okay. Did you ever turn over your phone or any evidence to the DA to support your >> Yes, I turned on over a lot of evidence. I didn't turn over my phone, but she has every message in between me and Mr. Murphy and me and Mr. Murphy's mom and me and anyone else that she needed to talk anything everything. Every picture, everything. >> Have you ever had a doctor state that any of your current things that you're being treated for um could not be associated with the wreck you had? >> Yes. >> Okay. Um whenever you talked about having PTSD, you talked about not being able to be in crowds or loud noises, um but isn't it true that you went to Hometown Christmas in downtown Atlanta and were taking pictures inside the petting zoo with all the crowds and all the people? >> I wasn't inside the petting zoo. I went over to the petting zoo, took a picture of a llama for my daughter who loves llamas, and then I walked away, and my dad stood there with my daughter. >> You attended >> cane in hand. >> You attended all of Downtown Christmas in Atlanta with all the >> I didn't attend all of it. If you'll go back, you'll see pictures of me and my dad sitting in the in the truck. >> How many softball tournaments have you been to? >> Not very many. >> How many have you been to since y'all separated with your daughter? >> Um well, Brantley quit playing. >> Okay. >> And and Katie played over the summer. And it wasn't a tournament, so it was actually league. >> y'all to not talk over each other, please. >> Are you going to let me answer now, Gary? >> Go for it. >> All right, now. Katie played league last summer, and I was at every game with my parents driving me, and I went to one tournament this last weekend, and I ended up in someone's truck with my legs up the whole entire time of the tournament. >> How many relationships have you been in since you and Mr. Murphy separated? >> That's none of your business. >> How many people have you been in a relationship with since you separated from Mr. Murphy? >> One. >> And where did you and he stay when y'all were together? >> I stayed in my home. He stayed somewhere else. >> Okay. Ms. Murphy, you do acknowledge that you had injuries prior to whatever happened with you and Mr. Murphy. >> Not to this extent, no. >> I mean, you had a splenectomy and seven vertebrae that were damaged. >> Yes, and I had that I've been fixed through what I have done, what I've done to build them up. That has nothing to do with the seizures. That has nothing to do with the neuropathy. >> Now, Ms. Murphy, whenever I was first retained by Mr. Murphy to you call my office? >> No, you called me. >> And did we speak on the phone? >> We sure did. >> And did you threaten me at that time saying I was your lawyer and he was going to regret this? >> No, I said you're going to regret it. Cuz you got the one who was done the who done the wrong who done everything bad. >> Did you actually, before that statement, ask me what he was willing to give you and then you didn't like the offer? >> No, I didn't ask you that. >> So, you're saying you didn't threaten me after the offer was made saying that we were going to regret >> No, you said I have some papers to hand you and I was like, no. You said, how can I reach you? Honey, I got some papers to give to you. >> Did you also >> I had retained by Mr. Murphy to represent him in law, to represent him in this divorce. And you said I had I said and you were supposed to be my lawyer. I said, how weird is that he goes and gets my lawyer and Vershaw was supposed to have been his. >> Did you also call the DA's office and make similar statements to Ms. Shelton? >> About what? >> About how you were mad that he hired me and that he got your lawyer and he was going to regret it. >> No, I did not. I said that you were going to regret because you I've known you you my whole life. He does not know you. You were supposed to have been my lawyer. He knew that. He knew I was coming for you. But that's that's not my problem. You picked him. He picked you. That's that's what y'all have to do with. That's not a threat. >> I'll pass the witness, your honor. Mr. Lee. >> No further questions. >> All right. >> I have one other witness, your honor. A brief one. >> Uh is your witness there in the waiting room? >> Uh she's here. >> Okay. Let me ask a question before we move to the next witness. I believe there was testimony that Mr. Murphy was going to pay Mrs. Murphy $8,000 as part of the settlement. In cash. Is that correct? >> Well, it's it's $8,500, your honor, as soon as she moves out of the marital home. >> What does that money represent? What is it for? >> That was $3,500 that Miss Murphy put down towards the down payment to that trailer. And then she requested another $5,000 as her share from the house, and we agreed to that number. >> So that represents community equity in the home, then? >> That's correct, your honor. >> Okay. Also, there was testimony that Mrs. Murphy is receiving 1/2 of the amount of retirement benefits accrued during the marriage. Is that also correct? >> That is correct, your honor. >> Do you have a value on that what that would be? >> We do not, your honor. They'll have to do a quadro and assess what the amount was during that time. Um but we know currently there's $38,000 in that account, but he's worked before they were married married. So, um I don't know exactly what that number will be, but whatever she's entitled to, she'll receive through a quad row. >> How long has he been employed at that Where does he work? >> Graphic Packaging International. >> I need you to say that again. Do what? >> Graphic Packaging International. >> Where is that located? >> It's a paper mill in Domino. >> How long have you worked there? >> Almost 9 years. >> How long? >> Almost 9 years. >> Okay. And the total accumulated so far is how much? 36,000? >> 38,000 after >> 38,000. Okay. Okay. All right, Mr. Lee, you may call your next witness. Will you raise your hand and be sworn as a witness, please? And do you swear or affirm your testimony to be the truth, the whole truth, and nothing but the truth, so help you God? >> Yes. >> All right. You may lower your hand. May proceed, Mr. Lee. >> Would you state your name, please? Say it loud so they can hear it. >> Kathy Easley. >> And uh how are you related uh to Ms. Easley? >> She's my daughter. >> Ms. Murphy. >> She's my daughter. >> And there's been some talk about an accident uh in the early 2000s. Do you recall when that was roughly? >> That was 2000 That's when Katie was born, right? >> That was Katie was 0. >> 2004. >> It's been many years ago, is that correct? Did she have a tough time then for a for a few years? >> Yes. >> Has her injuries seem to recover since then? >> Yes. >> Any issues to your knowledge, any observed issues she's able to do whatever it was she wanted to do? >> Yes. >> Uh there's no disability, no nothing like that resulting from that wreck. Uh And obviously how often are you around your daughter? >> Uh just about every day. >> Do you have to drive you or your husband have to drive her everywhere she needs to go? >> Yes, sir. >> And how long have y'all been doing that? >> Uh since May. >> Okay. And [snorts] uh if y'all are not available, she she either finds someplace else or she can't someone else or she can't go. >> Right. >> And uh have you observed uh this passing out or seizures that she's had? >> No. She She calls me when she wakes up and says, you know, I was on the floor. >> And uh was she healthy, completely functional before May of last year? >> Yes. >> And since May of last year, uh what have you observed, what you've actually seen? >> Um she's very weak. She hurt, she's in a lot of pain. She has to walk with a cane most of the time. >> And that that has progressed, it wasn't immediate but it was over the months that have passed, has it progressed? >> Yes. >> Has she gotten apparently gotten worse from what you observe? >> Yes. >> Uh do you feel like that uh from what you observe, at least right now she's unable to work? >> Right. >> She was able to work before May. >> Yes, sir. >> And uh does she appear to get be getting worse to you? >> She She >> It seems progressive. >> Yes, sir. >> Uh she's she is able to go to ball ball games and school functions. >> Yes, sir. >> And hometown Christmas. >> Yes, sir. >> Have you observed issues that she has when she does go to those things? >> She's real weak. She usually has to carry the cane or she has to sit. >> Does she stay on the outskirts of >> Yes. >> If she goes to the track meet, does she go up on the bleachers or does she >> No, she usually stand you know, goes to watch then goes and sits down at the car. >> Yeah, at it and sees it at a you know >> distance. Yes. >> A long distance. Um You've heard her testimony today based upon your knowledge and what you observe, is that true and correct? >> Yes. >> Pass witness. >> No questions. All right. Call your next witness. >> That's all I have, Your Honor. >> Any rebuttal? >> We have we I say that and I'm not I don't think it's going to happen. Is there a Dr. Hooton in the waiting room? We we received message that if he if she was able that she would be here but she didn't know. So if she's not in the waiting room, that's all I have. >> Let me check and make sure but I don't believe so. I'll make sure. Uh at this time there's no one in the waiting room. >> She did say she it kind of depend on the patient load and she didn't want to cancel patient patients this late you know, with this shorter notice. That's all I have, Your Honor. >> Mr. Addison, rebuttal? >> No, Your Honor. I would just like to briefly close on the one uh contested issue. >> Okay, go ahead. >> Your Honor, under the Texas Family Code, Section 8.051, eligibility for maintenance, there are certain requirements that Ms. Murphy would have to meet um to be eligible for spousal maintenance. The very first one is is that it says the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property on dissolution of the marriage, to provide for the spouse's minimum reasonable needs. Your Honor, she's given a budget to the court today that is less than the money she's saying she's receiving um just in unemployment. Um I believe to be eligible for unemployment, you have to at least allege that you're able to work. And so, she's receiving that money at a thousand and something, thousand and fourteen, I believe. If I'm off a little bit, I know it was over a thousand dollars um every two weeks. Her budget she put forward to the court was only around a thousand dollars a month and included bills for her kids' insurance, not her insurance, cuz she can't drive. Um so, even including bills that don't even pertain to her, she still gets enough money per month to pay her reasonable basic needs. On top of that, she's receiving eighty-five hundred dollars from us and one half of the retirement um account going forward. So, she's not presented a budget or any set of financials to prove that she actually needs anything from us other than what she's receiving today and already receiving from unemployment. And then if she does somehow down the road um get disability, she'll be receiving even more money from the government um to be able to pay her reasonable needs at that time. So, she'll be receiving even more money. Um so, we don't believe she meets it there. Secondly, the it says after the court was shown that, she has to approve one of the following. One is that my client has either been convicted of or received deferred adjudication for a criminal offense that constitutes an act of family violence committed during the marriage against the other spouse or the spouse's child, and the offense occurred within 2 years before the date on which a suit of dissolution of marriage is filed or while the suit is pending. While there are charges pending, he's not been convicted or received any probation and they've acknowledged that. So, she can't meet number one. Number two option says the spouse seeking maintenance is unable to earn sufficient income to provide for the spouse's minimal reasonable needs because of an incapacitating physical or mental disability. She doesn't have any actually diagnosed disabilities, Your Honor. She doesn't receive anything from the government. She's going through the process to try to get it. Um but as all of us know, that could be years down the road before that that gets done. Um so, she's not provided anything to the court showing any actual diagnosed disability. Um her only testimony was she believes she's disabled and then talked about some injuries she believes are associated with this pending criminal charge. Um the second one under two says that she would have had to have been married for more than 10 years or longer. Obviously, that's not true, so she can't meet that. Um and the third option is is the custodian of the child of the marriage. There were no children of the marriage. So, she can't meet that. So, we don't believe she meets any statutory grounds to actually be awarded spousal maintenance. Um and even if she did meet some grounds, we believe that her financials far exceed the budget she provided to the court. Um so, she hasn't shown any non-ability to meet her reasonable basic needs to this court. So, we would ask the court to deny her request for her spousal maintenance and just approve the agreement and grant the divorce and the name change, your honor. Thank you. >> Mr. Lee. >> Have a couple of issues. Obviously, if there's 38,000 and and that's for 9 years work, they were married 3 years. So, she's not going to get much if out of that retirement uh at all. And the 8,500 is reimbursement and and all that is that is that will help her get set up in a new house. Uh we have proved that she received injuries from that date. We uh it's it is progressively getting worse. It will take years for her to get potentially years for her to get social security disability, but she's clearly disabled. And and as a result of him attacking her. Uh as far as waiting, I don't think the code anticipates somebody waiting to get a divorce for uh until the conviction takes place. It's perfectly logical that a divorce would happen after a major assault. And if those injuries are result of that, that's what the statute was set up for is to protect uh those that are injured. He caused the injuries. It's pretty much uncontested that that he caused them. He he apparently is saying self-defense, but there's no evidence as to what why that would be self-defense. Uh his that's his version. Our version is he attacked her repeatedly. And uh it's clear she had the injuries. It's clear she's not going to be able to work. As far as the unemployment, uh she's been getting that for quite some time, but that's going to expire here very shortly. Uh her and so she will have zero income at that point. Uh and uh and will not be able to get income because of what he did to her. So, we feel like she is entitled uh to spousal support under the statute. That's all I have, your Honor. >> All right. Thank you, gentlemen. I'll take it under advisement. I want to take a look at the statute and probably some of the case law that governs the statute or that interprets it. And uh I'll let y'all know my decision as soon as I can get to it. >> Yes, sir. >> All right. Court's adjourned. >> Thank you, Your Honor. >> Yes, sir.