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WILKES-BARRE — An attorney for an alleged drug trafficker who state prosecutors identified as the ring leader in a $1 million narcotics ring busted in 2017 is questioning the timing of recorded phone calls, calling the sealing of intercepted communications “a fatal flaw.”

Attorney Theron Solomon who is defending Brian “Fox” Francis, 27, of Wilkes-Barre, is seeking to have the recorded phone calls excluded at trial.

Francis and 35 other people were charged by the state Office of Attorney General in “Operation Outfoxed,” in two phases in the latter half of 2017, alleging the organization distributed crack cocaine and heroin in the Wilkes-Barre area earning up to $3,000 a day.

When Francis and others were arrested in the first phase in August 2017, Attorney General Josh Shapiro made the announcement during a news conference inside the Luzerne County Courthouse.

Drug cases against Francis and three others were withdrawn by state prosecutors in lieu of federal indictments against them in April 2018, transferring the cases for prosecution by the U.S. Attorney’s Office in Scranton.

It was discovered after the federal indictments that federal prosecutors learned of a legal issue regarding the recorded phone calls, according to federal court records.

Solomon explained Tuesday the recorded phone calls should had been sealed immediately upon the expiration of the court order that permitted state drug agents to record phone calls by those arrested in Operation Outfoxed.

In this case, Solomon said the recorded phone calls were not sealed until more than one month after the court order expired, which he said is in violation of state law.

“It wasn’t done so in this case until 35 or so days after the expiration of the court order,” Solomon said.

When federal prosecutors discovered the legal issue, U.S. District Court Judge Malachy E. Mannion dismissed the indictments against Francis and three others on May 17.

State prosecutors filed a motion to reinstate the drug trafficking charges in commonwealth court, which was granted by Luzerne County Judge Joseph Sklarosky Jr. on May 8, court records show.

While Francis’ drug case flip-flopped between commonwealth and federal courts, he has sat in jail for lack of $1 million bail since his arrest on Aug. 11, 2017. Sklarosky modified Francis’ bail to $500,000 on May 8.

Due to the length of time, Solomon has filed a motion to have Francis’ case dismissed under Rule 600, the state’s speedy trial statute. Solomon is also seeking to have Francis be awarded nominal bail.

“We stand by our investigation and our prosecution,” stated Joe Grace, press secretary and spokesperson for the Attorney General in an email response received Tuesday night.

Francis
https://www.timesleader.com/wp-content/uploads/2019/05/web1_Brian-Francis-AG-pic-08112017-4.jpg.optimal.jpgFrancis

By Ed Lewis

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