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News (Media Awareness Project) - US GA: Former Policeman Leaves Federal Prison After Acquittal
Title:US GA: Former Policeman Leaves Federal Prison After Acquittal
Published On:2003-05-09
Source:Augusta Chronicle, The (GA)
Fetched On:2008-01-20 17:40:30
FORMER POLICEMAN LEAVES FEDERAL PRISON AFTER ACQUITTAL RULING

A former Richmond County sheriff's officer convicted of a federal drug
crime walked out of prison a free man Thursday afternoon.

The release of Joseph Ellick, 35, came less than 24 hours after the federal
judge who presided over his trial granted Mr. Ellick's request for an
acquittal.

Mr. Ellick was convicted Sept. 23 of a single count of attempt to possess
cocaine with intent to distribute. He was tried with another former
Richmond County sheriff's officer, Ralph Tyrone Williams, 37, whose appeal
is pending.

As Chief Judge Dudley H. Bowen Jr. noted in his written opinion, only one
witness, convicted drug dealer Ernest Smith, provided evidence against Mr.
Ellick that led to his conviction.

Judge Bowen said he found that testimony insufficient for a conviction.

"Without corroboration, (Mr.) Smith's testimony is a meager resource upon
which to base a sentence of more than four years without parole," Judge
Bowen wrote.

Mr. Smith cooperated with investigators and secretly taped conversations
with Mr. Ellick that prosecutors said were discussions about stealing
cocaine from a Columbia, S.C., drug dealer. But, Judge Bowen wrote, the law
requires more than just conversation - the accused must take some step
toward committing a crime.

Mr. Ellick, who worked as a deputy for seven years before leaving the
department in 2001, was acquitted of conspiring with Mr. Williams to
possess cocaine. A charge that accused Mr. Ellick of neglecting to file a
police report in exchange for cocaine was dropped by prosecutors.

Mr. Ellick was sentenced to 57 months in prison, and Mr. Williams was
sentenced to 292 months.

Mr. Ellick had been in custody since September. He was released from a
federal prison in Butner, N.C., on Thursday afternoon, a prison employee
confirmed.

Mr. Ellick's attorney did not return a telephone message seeking comment.
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