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ALBANY, N.Y. -- Saratoga County District Attorney James Murphy will not be the special prosecutor in the steroids case that gained national attention with Albany County District Attorney David Soares at the forefront.

On Monday, Albany County Judge Stephen Herrick dismissed the case against five operators of a Florida pharmacy because the defendants have an ongoing civil lawsuit against Soares. Herrick appointed Murphy as a special prosecutor to consider presenting charges again, but on Tuesday, Murphy said he was declining the appointment.

Soares had traveled to Orlando three years ago to take part in a raid on pharmacies as part of "Operation Which Doctor." After the judge's decision to dismiss the case, Soares' office released a statement saying, "Judge Herrick's decision is a get out of jail free card for every criminal defendant in New York State. His message to defendants is: 'If your DA is being too tough on you, sue him, and you can get a new one.'"

Murphy said he thought Soares had requested to be removed from the case, but after reading the judge's decision, he decided to turn down the appointment.

In a statement, Murphy said, "Yesterday morning when I was speaking to the Court, I misunderstood and believed that the Albany County District Attorney had requested to be removed from the case due to a conflict. After reading the Court's decision, I realized that was not the case. In light of the new information, I have declined to accept the appointment as permitted in County Law Section 701 (1) (b) as set forth below. I have also sent the attached letter to Judge Herrick's Chambers advising the court of my decision. Any further comment on this case will come from Albany County District Attorney David Soares."