Legal battle to end in freedom
Corrupt cop helped send man to prison 16 years ago
Sixteen years after the lies of a nowdisgraced dirty cop helped put him in federal prison, Elroy Phillips will soon go free.
The West Palm Beach man’s long legal battle exposed a corrupt police officer who committed perjury on the witness stand and was later prosecuted for misconduct.
But Phillips, who admits he was no angel and had a long, serious criminal history, has used the time he spent behind bars to transform his life, his attorneys said.
In prison, Phillips trained and qualified asa para legal so he could work on his own case and help other inmates with their legal problems. He encouraged one of his
daughters to become a prosecutor, rather than a defense attorney. He mentored other prisoners and worked hard to become a better role model to his own family. He has two job offers awaiting him.
“I am not the same person that you sentenced all those years ago,” Phillips, now 50, recently wrote in a letter to the judge who handled his case. “Whatever lesson there was for me to learn, or that you felt I needed to learn, I promise you I have learned that lesson and Ihave been severely punished.”
Getting Phillips freed was complicated by the fact that he was guilty of some crimes but the most serious conviction — for a crack cocaine conspiracy — was thrown out because of the officer’s lies.
Phillips smiled reassuringly at his family as he left the courtroom and returned to prison on Friday to wait for a bed to become available at one of the area’s halfway houses.
“We are happy he’s finally coming after all this time. We would prefer if he was walking out today but this is still a very happy day,” oneof his daughters, Shatroyia Phillips, 33, of Miami, told the Sun Sentinel.
Her dad, who turns 51later this month, just wants to get back to life with his six adult children and two grandchildren and is eager to start working as a paralegal.
Nobody calls him by his old street nicknames of “86” and “Six” any more, she said. His new nickname, chosen by the fellow prisoners he helps, is “Law.”
“It’s been a long time and he’s a very different person,” his daughter said. “He wants to get out andwork to help other prisoners like him. That’s what he really wants to do.”
The case is extremely unusual because federal prosecutors asked a judge to throw out some of Phillips’ convictions several years ago after the prosecution and defense uncovered evidence that the lead investigator committed perjury on the witness stand in Phillips’ trial and had lied throughout the investigation.
The two sides agreed that fired West Palm Beach police officer Michael Ghent falsely testified that he was working undercover with an informant who bought crack from Phillips for $50 on the night of April 6, 2001. Phillips was arrested in June 2001 and has been imprisoned since then.
Years later, Phillips and his lawyers found records that proved Ghent was not even on duty that night. In fact, Ghent was at a police training course at the precise time the drug deal supposedly went down. The informant later told investigators she had never bought drugs from Phillips.
“Not only had Ghent lied at trial, but, during the investigation and subsequent trial of Phillips, Ghent had been under investigation by his own police department for alleged criminal activities,” an appeals court later ruled.
Federal prosecutors said Ghent was dealing drugs and using drugs himself, and lying about his activities, during the investigation and trial.
In 2007, Ghent was arrested by his own police department on charges of bribery, perjury and solicitation of prostitution, according to prosecutors. Investigators said he took illegal payments froma West Palm Beach massage parlor and brothel, Relax With Us.
The charges were eventually dropped as part of a pre-trial diversion program and plea deal with state prosecutors. Ghent, who now lives in Arizona, is banned from working inlaw enforcement.
Phillips was originally found guilty of conspiracy to distribute crack cocaine, distributing crack cocaine, possession of cocaine and possession of ammunition by a convicted felon in his 2002 jury trial. Hewas originally sentenced to 30 years in prison, which was later cut to 24 years.
After several appeals, all that remained were his convictions for possession of cocaine and possession of ammunition by a convicted felon.
On Friday, Phillips was back in federal court in Miami for a final re-sentencing on those charges because both sides kept fighting about how much time he should serve for those offenses.
His defense attorneys Marc Seitles and Ashley Litwin asked the judge to sentence Phillips to time served, which would have allowed him to walk out of prison on Friday.
They emphasized that Phillips has becomea model prisoner andwas allowed to leave the low-security prison camp on five occasions, unaccompanied by guards, to receive medical treatment. He always returned.
“Elroy Phillips has done everything right and he should be rewarded for that,” Seitles told the judge, as Phillips and eleven family members and other supporters watched nervous ly.
Prosecutors flip-flopped from their prior position on freeing him and recommended 20 years in prison.
U.S. District Judge Joan Lenard eventually ruled Friday that 19 ½ years was the appropriate punishment for the offenses Phillips actually committed, considering both his serious criminal history and his impressive efforts to rehabilitate himself in prison.
Most federal inmates serve about 85 percent of their prison terms. With standard time off for good behavior that Phillips has already earned over the 16 years, he should be moved to a halfway house in the next fewweeks to help ease his transition back into society. If all goes well, hewould be totally free in another few months.
“When the cop becomes the criminal, a conviction should never stand,” Seitles told the Sun Sentinel.
Phillips was not available for an interview because he is still locked up but relayed the following comment through his attorney: “It’s a sad commentary on our judicial system when a person is sentenced to more time then the cop who framed him.”