Sports News

2010-08-20 / Front Page

Judge won’t dismiss charge against Phillips

By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

A Gaffney Municipal Court judge on Wednesday refused to dismiss a breach of trust charge against Julia Phillips, finding there was probable cause to forward the case to General Sessions Court.

Arguments raised during the brief hearing, however, possibly show how Phillips will defend herself against this particular charge.

Phillips, 66, was arrested earlier this year and charged in York County with murder in connection with the Feb. 4 strangulation death of her longtime boyfriend, attorney Melvin Roberts.

Shortly after her arrest in York County, she was charged in Cherokee County with breach of trust based on allegations that she had pocketed rent money from an apartment building Roberts owned in downtown Gaffney.

Though Phillips did not appear in Municipal Court on Wednesday, she was represented by an attorney who fought the charge on her behalf.

Gaffney Police Det. Jott Blackwell testified that missing rent money from Roberts’ apartment building on East Robinson Street was first brought to his attention on Feb. 18. One apartment in the building had been rented out by Phillips, Blackwell testified, but the company that oversaw the attorney’s rental properties — Roberts Realty — had no records that anyone was living there or paying rent.

Blackwell said the tenant of that apartment told him that Phillips collected rent money from him personally. “He (the tenant) tried to pay by check and she (Phillips) said, ‘No, I only want cash.’”

Blackwell said that none of that money ever was remitted to Roberts Realty.

When Phillips was charged with breach of trust, Gaffney police alleged she pocketed three rent payments. Blackwell said on Wednesday that police now believe it was five payments and he said it may have happened with the renter of a business also owned by Roberts Realty.

Under questioning by attorney Laura Hiller, who represented Phillips at the hearing, Blackwell said he was provided with no information that Roberts had given his approval to allowing the tenant in the apartment building, or that Roberts had given Phillips permission to keep the rent money to pay for her medical expenses.

Hiller also asked Blackwell if he investigated the financial books at Roberts Realty. While Blackwell said he did not conduct an investigation of Roberts Realty, he maintained the situation involving the rent from the Gaffney apartment “wasn’t a mistake on the books.”

Hiller argued that the charge should be dismissed, noting that no one can say Melvin Roberts didn’t approve of what happened. “The only person that could determine whether there was a breach of the relationship was Melvin Roberts,” she said.

Assistant Solicitor Michael Morin argued there was more than enough evidence for the court to find probable cause — that Phillips collected rent on behalf of Roberts Realty, that she collected money from the apartment in question, and that the money never reached Roberts Realty.

The breach of trust charge stemmed from complaints made by Roberts’ sons, who are serving as executors of his estate. On Wednesday, they had the name “Julia’s” removed from a downtown business location owned by their late father, which was used by Phillips as a cosmetics and clothing store.

The store has been closed since Phillips was charged with Roberts’ murder.

Prosecutors in York County have alleged that Roberts was about to end his relationship with Phillips — and write her out of his will — when he was strangled to death outside his home.

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