LUDINGTON, Mich. (WOOD) — Jurors resumed deliberations in the murder trial of Sean Phillips on Thursday.
After more than eight days of testimony, the jury began deliberations Wednesday afternoon but broke for the night without reaching a verdict.
Four-month-old Katherine Phillips, who became known as Baby Kate after she vanished in June 2011, was last seen alive with her father in Ludington.
Since her remains have not been found, much of the prosecution’s case against Phillips was based on circumstantial evidence, including a letter he allegedly wrote in prison in which he confessed that he pulled Kate’s car seat from his car and that she was thrown from it.
>>PDF: “Confession” letter allegedly from Phillips
“His own words in the letter alone give you second-degree murder,” Pendergast said.
Pendergast called Phillips coldly calculating for stripping Baby Kate of her clothes, allegedly leaving her to the elements.
“How could there ever be enough justice for the unceremonious discarding of a baby thrown away like trash?” Pendergast said at the end of her address to the jury.
“Having baby clothes in your pocket does not prove death,” Glancy shot back during his closing argument.
Glancy said no individual piece of evidence proved Phillips murdered Baby Kate, and there is no evidence to show Kate’s injuries were not accidental, since her body has never been found.
“At best if you believe there was some act that Sean did that raises his culpability, it’s at most to an involuntary manslaughter, a gross negligence,” Glancy said.
Glancy focused on raising doubt about the case against Phillips, concentrating on statements and alleged actions of Kate’s mother, Ariel Courtland, that could be interpreted that she didn’t want to keep Kate either.
“They haven’t proven a second-degree murder beyond a reasonable doubt. They haven’t proven a death beyond a reasonable doubt. And they haven’t proven that Sean knowingly created a situation where death or great bodily harm, that he knew that was going to happen,” said Glancy.
Glancy also said Phillips, whose phone was shut off after Kate went missing, often shut off his phone to avoid Courtland’s obsessive calling and texting.
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Judge Peter Wadel acquitted Phillips of first-degree murder and allowed the jury to consider a manslaughter verdict. As a result, three options were on the table for the jury to consider: second-degree murder, manslaughter and not guilty, giving Phillips a chance of parole.
“The mere fact that a lot of young people have an unwanted pregnancy, an unplanned pregnancy and they consider things like abortion or adoption do show, do not rise to the level of planning for or intending to kill the baby,” Wadel said.
In eight days of testimony, jurors heard from Courtland; Phillips’ mother, Kim Phillips; officers who spoke with Phillips on the day Kate disappeared; Phillips’ neighbors; experts in DNA, cellphones and computers; and a man who was in prison with Phillips and said he admitted to getting rid of Kate.
Phillips is already serving between 10 and 15 years in prison for his 2012 conviction of unlawful imprisonment of Baby Kate.