New Brighton councilman wants solicitation charges dropped, says officer lied

Charging officer misconduct, New Brighton City Council Member David Phillips is seeking a motion to dismiss the solicitation charges against him after he was arrested during a Feb. 25 prostitution sting at a St. Paul hotel.

In a third scheduled preliminary hearing Wednesday, Phillips' attorney, Earl Gray, told Ramsey County District Judge John Guthmann that pre-trial discovery, which included a subpoena of Yahoo.com's records, found that the introductory e-mails originally attributed to Phillips were not sent from Phillips' computer.

Gray charged that the undercover vice officer lied in the police report, making any evidence from her suspect.

"It's my belief that when an officer makes up facts in a police report it's misconduct," he said.

Prosecutor Steven Heng maintained that an officer mistake did not constitute misconduct.

He argued that the available evidence still presents sufficient probable cause to pursue the case against Phillips.

Guthmann scheduled a hearing for a motion of dismissal in October, but warned that Gray will be exploring the "breaking point" between officer misconduct and error. The judge also wondered aloud whether the issue will actually constitute legal cause for a dismissal.

The undercover officer placed an ad offering sexual services on Craigslist.org. Interested clients set up an encounter by phone or e-mail. The officer negotiated rates and service, then instructed clients to call twice more for directions to the meeting place.

The officer met the men at the hotel's rear door and led them to a room. In these two cases, the officer made the "bust signal" after money was exchanged.

Of the eight other men who were arrested in the February sting, seven have pleaded guilty. One other defendant who also pleaded not guilty is scheduled for trial next month.

Gray noted that the officer in Phillips' case also was not able to back up a report of an unrecorded telephone call she allegedly received from Phillips. In addition, enhancements to audio taken from a video of the meeting with Phillips were unsuccessful. Both Gray and Heng agreed that a persistent buzz made the audio inaudible. Heng said he planned to use the video in court, without the video.

Phillips' next hearing, in which his attorney will make the motion for dismissal, is scheduled for Oct. 9, with a court date of Oct. 14.