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Judge: tainted evidence not enough to free inmate

March 7, 2014
Associated Press

MIAMI (AP) — A federal judge's decision won't change a 24-year prison sentence for a drug conviction being served by a South Florida man, despite use of tainted evidence from a former police officer.

U.S. District Judge Joan Lenard refused to throw out the main conspiracy conviction for 47-year-old Elroy Phillips even though prosecutors and his defense lawyer urged that his sentence be vacated.

The Miami Herald ( ) reports that both sides agreed a former West Palm Beach police officer falsely testified about buying crack cocaine from Phillips in 2001. But the judge ruled that wasn't enough to undermine the prosecution's case. Lenard cited testimony of other co-conspirators accused of dealing who testified against Phillips.

Phillips' attorney Marc Seitles says he will continue to pursue appeals. Phillips insists the drug deal never happened.


Information from: The Miami Herald,



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