Judge: New Brighton official must face prostitution charge

Last update: November 26, 2008 - 12:04 AM

The case against a New Brighton City Council member arrested Feb. 25 in a St. Paul prostitution sting will proceed, Ramsey County Judge John Guthmann ruled late Monday.

David Phillips, a first-term council member, had sought to have the case of engaging in prostitution dismissed over a mistaken reference in a report by an undercover officer. In his ruling, Guthmann denied Phillips' motion for dismissal and his request to have the city pay fees for his attorney, Earl Gray.

The ruling comes after three preliminary hearings; a fourth hearing is scheduled for today.

In her report, the undercover officer referred to Phillips using the name of another David who had replied to her Craigslist ad by e-mail. Phillips sought to have that declared police misconduct. Also, the audio track from the surveillance video allegedly involving Phillips and the officer was unintelligible because of a persistent background buzz.

Still, Guthmann wrote, reports submitted by two St. Paul police officers and video taken at the hotel identify Phillips at the scene on the day in question. If inconsistencies in her report damage the undercover officer's credibility on the witness stand, the judge wrote, "the appropriate remedy is vigorous cross examination, not a dismissal of the charges."

MARIA ELENA BACA

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