JAMES ROBERT MURPHY, 38, of Columbia, South Carolina, was sentenced
to 5 years of probation, 500 hours of community service, and more than
$12,000 in restitution today for two counts of Use of a Telecommunications
Device (the internet) with Intent to Annoy, Abuse, Threaten or Harass.
MURPHY was indicted in April 2004, for sending harassing e-mails to
Seattle resident Joelle Ligon and to other employees of the City of
Seattle. He pleaded guilty to two counts in June 2004. In sentencing
MURPHY, U.S. District Court Judge Thomas Zilly told MURPHY he "...did
not demonstrate the type of remorse he should under the circumstances."
In his plea agreement, MURPHY admitted he had a sporadic romantic relationship
with Ligon from 1984-1990. In May of 2002, MURPHY began sending dozens
of uninvited and harassing e-mails and facsimile (fax) messages to Ligon
and her co-workers. MURPHY hid his identity with special e-mail programs
and created the "Anti Joelle Fan Club" (AJFC) and repeatedly
sent threatening e-mails from this alleged group. MURPHY disseminated
false information about Ligon's background to her co-workers. The harassment
escalated over time, with MURPHY sending pornographic material and making
it appear that Ligon was sending the pornographic material to her co-workers
at the City of Seattle. Even after Ligon was able to identify the person
harassing her and get a court order barring contact, MURPHY violated
the order by sending an e-mail denying he was the harasser.
In court today, MURPHY told the Judge what he did was "stupid,
hurtful and just plain wrong. I was going though a bad patch in my life.
I want to take my lumps and get on with life."
In sentencing MURPHY Judge Zilly noted that he was surprised that MURPHY
"made no effort to indicate your remorse to the victim, to indicate
you were sorry." The Judge noted that he had received a letter
from Joelle Ligon unlike any he had ever received from a crime victim.
In it Ligon asked the Judge to impose "an effective and compassionate
sentence." Judge Zilly decided to impose 500 hours of community
service instead of the 160 hours requested by the government. He ordered
MURPHY to pay $12,297.23 to the City of Seattle to compensate the City
for 160 hours of work time lost by employees dealing with the harassment.
This case was investigated by the Northwest Cyber Crime Task Force,
composed of the FBI, United States Secret Service, Internal Revenue
Service, Seattle Police Department, and Washington State Patrol. The
NWCCTF investigates Cyber-related violations including criminal computer
intrusions, intellectual property theft, child pornography and internet
fraud. The Task Force brings federal, state and local law enforcement
agencies together to share intelligence and conduct joint investigations.
This case is believed to be the first federal prosecution of cyber
harassment in the United States. Assistant United States Attorney Kathryn
A. Warma is prosecuting the case. For further information please contact
Emily Langlie, Public Affairs Officer for the United States Attorney's
Office, at (206) 553-4110.