"What the State may not do, in my view, is allow Christian or Muslim inmates but not Buddhist inmates to have a religious adviser of their religion in the execution room," said Kavanaugh.
Murphy was sentenced to death for his role in the murder of Officer Aubrey Hawkins on Christmas Eve, 2000.
Murphy, who had escaped from prison 11 days earlier, together with six other inmates known collectively as the 'Texas 7,' was present at the scene of a robbery in Irving, TX. Murphy remained inside the car, listening to a police scanner, and warned the others when the police were coming to the scene. Murphy was directed to leave the scene by the other members of the group who were robbing the store, and he left.
Hawkins, an off-duty police officer who came across the robbery, was shot 11 times by other members of the group, and then run over with a stolen car. Murphy was neither present for nor aware of Hawkins' death until afterwards.
Six of the "Texas 7" were captured one month later, in Colorado. The seventh member of the group died by suicide before the police could arrest him. All were sentenced to death for Hawkins' murder, as Texas law permits capital punishment for those who were involved in the act of a capital crime.
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Murphy and one other member of the group are still awaiting execution.