PARIS – A Canton man accused of raping a sleeping 19-year-old girl just two days after being released from jail pleaded not guilty to the charges Thursday morning at his probation hearing in Oxford County Superior Court.
Wearing a prison orange jumpsuit, leg irons and handcuffs, Arthur L. Murray III, 25, of 81 School St., stood with his attorney, John S. Jenness Jr., in front of Justice Roland A. Cole.
Murray denied he had committed a probation violation, then denied guilt on a Class A felony charge of gross sexual assault, and again on a second gross sexual assault, this one a Class B felony.
The first charge accused him of engaging in a sexual act with the teen on July 28 in Hartford. The second charge accused Murray of engaging in a sexual act with the girl, who was unconscious or otherwise physically incapable of resisting, and had not consented to the sex act.
Cole was then told that Murray was being held in Oxford County Jail since being arrested on the new charges on July 28. He had been unable to make bail of either $20,000 cash or $50,000 worth of property.
When asked by Cole about the new charges, Jenness argued that the sex was consensual and that Murray did not engage in sex with the girl while she was unable to resist.
“Our discovery material indicates that the female made the initial contact, and Murray, he had been drinking, misinterpreted that….” Jenness said.
He then argued that because his client had limited prior convictions, Murray should be released on personal recognizance bail or bond, “so he can get back to work.”
Murray is employed at Canton Tire, which is owned by his family, and he lives there in a second-floor apartment, according to court records.
Prosecutor Richard Beauchesne then argued that he had evidence to support the new charges.
That’s when Cole said to the court, “Listening to the defense counsel, (Murray’s) the victim here.”
To which Jenness quickly replied that wasn’t what he was suggesting.
Jenness asked for the right to a probation violation hearing, to which Cole agreed, but Murray was remanded to jail. He is being held on a probation violation.
After being released from jail on July 26, Murray began serving a year of probation, the result of a previous conviction on assault, obstructing the report of a crime, and refusal to submit to arrest, according to his probation officer, Michael Downs.
That case stemmed from a Nov. 15, 2003, incident when Murray assaulted Maine State Trooper Terry James, who was trying to arrest him. Murray was also charged with assault for attacking his mother, Deborah J. Ulmer, and preventing her from calling police to report the crime, court records state.
The charge of assault on the trooper, an elbow to the jaw, was later amended from a felony to a misdemeanor in a plea agreement. A charge of criminal mischief and the assault charge on his mother were both dropped.
Murray was sentenced in May to 90 days in jail, with the remaining six months suspended. He was released on his birthday, July 26.
The following day, after an evening of drinking, Maine State Police Detective Michael Zabarsky’s report states that Murray admitted having sexual intercourse with the 19-year-old woman, who was staying at the same Hartford residence as Murray, while the girl was sleeping.
On Wednesday, Murray was indicted by the Oxford County grand jury and charged with two counts of gross sexual assault involving the 19-year-old woman.
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