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Day 2 of Josh Phillips resentencing: Lead prosecutor in 1998 case testifies for defense

By Bridgette Matter and Action News Jax
By Bridgette Matter and Action News Jax

State Attorney Harry Shorstein, the man who helped put Josh Phillips behind bars, testified for the defense Tuesday.

Shorstein talked about his decision to charge Phillips with first-degree murder in the death of 8-year-old Maddie Clifton and the changes he would make if he had this case today.

Phillips, now 33, sat quietly while listening to day two of testimony in his resentencing.

Phillips' case is getting a second look after a U.S. Supreme Court ruling that says mandatory juvenile life sentences without parole are unconstitutional.

Phillips was found guilty of murdering Maddie in 1998. He’s been in prison for the last 19 years.

The first two witnesses in Tuesday's hearing worked for the Florida Department of Corrections. They testified that Phillips had a clean prison record with only four minor violations.

Phillips has completed several certificates. He’s a law clerk and tutors inmates in math and science.

Shorstein, who was the lead prosecutor in the 1998 case, talked about the case and what he would do differently today.

Prosecuting attorney Bernie De La Rionda reminded Shorstein of the arguments he used in the original trial.

“She was still alive when he put her under the bed, then he took her out and stabbed her, you said this in your closing, correct?" he said.

Shorstein acknowledged his arguments in the trial 19 years ago, but said he is questioning juvenile culpability, and how developed Phillips was at 14 years old.

Shorstein also said he might give more weight to charging Phillips with second-degree murder, which means the judge would not have been required to sentence Phillips to life in prison.

A juvenile advocate said she does not believe Phillips should die in prison.

Cox Media Group

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