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Judge to Rule on Reimbursement by Phillips : Court: The jurist says the convicted thief can afford to repay the county for part of his $431,000 in defense costs.

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TIMES STAFF WRITER

A Ventura County judge said he will decide this week how much Olen B. Phillips should pay for one of the costliest criminal defenses in Ventura County history.

Phillips, 52, of Oak View, was acquitted of most charges after a five-month-long securities fraud trial last year. But his defense cost taxpayers $431,000, and now Superior Court Judge Frederick A. Jones must decide how much Phillips can pay back.

After a 90-minute hearing Monday, Jones said there is no question that Phillips--a United Air Lines pilot whose gross earnings average about $15,000 per month--can repay at least some of his defense costs.

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County officials who evaluated Phillips’ finances recommended that he be ordered to pay about $2,000 per month during the first four months of the year and $4,000 per month the rest of the year. They said his payroll stubs reflected different take-home amounts during the two periods.

Phillips, who served a 60-day jail term on his one theft conviction, said he is “immensely appreciative” for his taxpayer-financed defense. He had been accused of stealing $3 million from 21 investors, and could have faced a 10-year prison term if convicted on all charges.

But Phillips challenged the view of county collections officials that his defense bills should be paid ahead of other creditors. “I intend to pay everyone, even though it’s a monumental task,” he said.

Whatever Jones decides, the ruling will be a civil judgment and may not give the county any special priority over Phillips’ other creditors, the judge said. He said he will make a ruling by Friday.

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