Elroy Phillips Dug Up Evidence From Prison, but He Still Might Not Get a Chance to Prove His Innocence

Eric Barton

Elroy Phillips was known as "Eighty-Six" on the streets of South Florida. In prison, they call him "Law."

Michael McElroy

Private investigator Ralph Marston helped Phillips dig up documents and scored a key interview with the government's lone witness.

Legal experts who reviewed the Phillips case for New Times all concluded that Phillips at least deserves a new hearing on his evidence. Ric Margolius, a senior circuit judge in Palm Beach County, read about Phillips' plight in New Times. He agreed to comment on the case by email and points out that Phillips was convicted on a charge that, in state court, would've equaled six months in jail or less. The three crack rocks Phillips allegedly sold weighed .77 grams — less than a dollar bill. "I have been involved personally in many hundreds of these cases (and possibly thousands). I have never seen or heard about a sentence of this duration until I read your article," Margolius wrote.

If Phillips' evidence is right, "then an unconscionable miscarriage of justice has occurred," Margolius wrote. "My view is simply that as a judge, I would exhaust every possible remedy, with an eye on legal creativity, to absolutely ensure that no innocent person ever be incarcerated."

Terry Backhus, a Tampa attorney who specializes in criminal appeals cases, said the Phillips case is a "pretty egregious" example of a man behind bars for a crime he likely didn't commit. After reviewing the evidence, Backhus said she hopes to represent Phillips in the case and will ask the court to appoint her. From there, Backhus says Phillips needs to hire an investigator to continue digging for information.

Backhus says it's rare to find evidence that appears this definitive. "You hardly ever have affidavits from people saying the arresting officer was not there," she said. "The police will go to any lengths to cover up what they've done, and it appears they're doing that here."

Marston, the PI (and former cop) hired by Phillips, says he took on the case because he saw it as an example of a failure of the justice system. He says it's not uncommon — it's rare for cops or prosecutors to admit to a mistake, even when there's new DNA evidence or witness statements that contradict them. "Prosecutors do not like to cut their losses and admit a mistake," Marston says. "But with Elroy, they know Ghent was a dirty cop. Why not blame this all on him and be done with it?"

For his part, Phillips says he simply needs to focus on the fight. He has an always-calm personality and has remained certain that his case will meet a good end. "Sometimes when you get upset, you make bad decisions. And I can't get angry right now. I need to be focused."