Phillips loses appeal
Convicted killer claimed counsel was inadequateBy DEAN WELLS dwells@timesobserver.com
Ralph "Bucky" Phillips was denied his day in court by a unanimous decision handed down from the New York State Supreme Court's appeals division.
On Thursday, the Appellate Division of the New York State Supreme Court ruled 5-0 that Phillips wasn't allowed to rescind his guilty pleas involving the shooting of three New York State Troopers, one of whom was fatally injured, and go to trial.
Phillips argued in his appeal that his legal defense was inadequate and his guilty pleas were coerced.
Phillips, 47, was captured in Warren County by Pennsylvania State Police near Akeley in September 2006 following the largest manhunt in New York State history.
He is serving a life sentence without the possibility of parole after admitting to a judge following his capture that he was "guilty as hell" of various crimes committed after he escaped from the Erie County Jail on April 2, 2006, including the shooting death of Trooper Joseph Longobardo.
Phillips used a can opener to pry open a metal roof in the Erie County Jail while working in the jail's kitchen. Police pursued him over the next five months over several counties, during which time he was suspected of breaking into various cabins and stealing vehicles across western New York and western Pennsylvania.
Phillips was sighted several times in Warren County, once at a gas station in Youngsville while riding a stolen motorcycle.
During the course of the manhunt, two New York State police troopers staking out a residence belonging to one of Phillips' ex-girlfriends were shot with a high-powered rifle from ambush on Aug. 31, 2006. Longobardo, who was hit in the leg, died several days later.
Phillips was captured in Warren County after stealing a car in Glade Township in the early morning hours of Sept. 8, 2006.
He led Warren County Sheriff's deputies on a high-speed chase which ended in Phillips crashing a stolen vehicle near the intersection of Hatch Run Road and Scandia Road. He was later spotted near the New York State line by a New York State trooper, who fired 11 shots at him. Phillips escaped unscathed, only to be captured at dusk in a field along Cable Hollow Road.
On Nov. 29, 2006, Phillips pleaded guilty of aggravated murder for the shooting death of Longobardo, and attempted murder of N.Y. State Troopers Donald Baker, Jr. and Sean Brown.
Brown was shot in the abdomen on June 10 near Veteran, N.Y., after stopping a vehicle that was reported stolen.
Phillips was sentenced in December 2006 to life without parole for shooting and killing Longobardo, and 40 years to life for each charge of attempted murder.
Phillips' Supreme Court appeal wasn't the first time he's tried to withdraw his guilty pleas. He unsuccessfully attempted to withdraw his pleas and change attorneys before being sentenced in 2006.
In 2008, Phillips was denied a motion his motion to vacate the judgment of conviction without a hearing.
In his latest motion, Phillips claimed that his guilty pleas were coerced and that he had been denied effective assistance of counsel. He argued that the County Court should have conducted a hearing prior to deciding his motion to withdraw his guilty plea.
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bushwasright
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03-08-10 9:07 AM
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run bucky run
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Backwoods
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03-06-10 9:24 PM
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Five...... I agree with you that those that helped him are guilty as well. I don't know what happened to the as far as sentencing.
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fivealive
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03-06-10 9:06 PM
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What happened to the folks who helped him during his little escapade? Did they ever serve time? IMHO, they are as guilty as he is.
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Backwoods
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03-06-10 8:56 PM
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Jesus does " He wants all people to be saved and to learn the truth."
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davy58703
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03-06-10 2:52 PM
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Does anyone really care if he becomes a productive person in prison? I sure as heck dont. Bucky is a born loser and I hope somone takes him out in the big house.
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Backwoods
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03-06-10 2:26 PM
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Ralph "Bucky" Phillips is right where he should be because of the crimes he committed. I hope that through the period of his incarceration ( life ) he can become a productive person. There are many ways he can do this from behind prison walls if he will apply himself.
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