Manhattan District Attorney Alvin Bragg is calling for the case against Tracy McCarter to be dismissed.
According to CBS News, in March 2020, the 47-year-old nurse fatally stabbed her husband James Murray with a kitchen knife. Murray reportedly came to the Upper West Side apartment after drinking. Neighbors heard arguing, entered the apartment and saw McCarter kneeling over Murray applying pressure to his chest. She was screaming for help and had already called 911. McCarter, who has no criminal history, claims her husband had a history of violence.
Last month, Bragg wrote in a letter to Judge Diane Kiesel, "I cannot proceed to trial on a charge that I do not believe in. The fact that there is one fatal wound here. Not a series of wounds. The almost immediate medical attention after infliction of that wound.”
On Monday, Nov. 28, Bragg appeared in court to support McCarter, which is rare for a district attorney, and said to the judge, “I still have a reasonable doubt as to whether Ms. McCarter committed murder in the second degree. We decline to go forward here, as I cannot ask a grand jury to arrive at a conclusion that I have not.”
The judge has received letters from Murray’s brother, ex-wife and his 17-year-old daughter who oppose the case being dismissed .
The next court date is scheduled for Dec. 5, but the decision from the judge could come sooner.