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KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Thu Apr 26, 2012 11:09 pm

Ludington Daily News

25 April 2012

Phillips trial day 7: Jury hears from Sean's parents, MSU experts

Sean Phillips’ parents, Larry and Kim Phillips, both testified in Sean’s trial Tuesday, saying they’ve never met his baby daughter, Katherine “Kate” Shelbie-Elizabeth Phillips, and that Sean didn’t have Kate when they saw him June 29, 2011, the date Kate disappeared.

They also testified about the dynamics between their son and Kate’s mother, Ariel Courtland, 20, who has testified that she last saw Kate in her car seat on the backseat of Sean’s car. The Phillipses both told about the events of June 29 from their perspective.

Sean, 22, is on trial for unlawful imprisonment for Kate’s disappearance and Tuesday marked the trial’s seventh day, including jury selection on day one.

Kate was 4 months old when she disappeared 10 months ago.

Also on Tuesday, jurors heard testimony about the soil and vegetation found on a pair of Sean’s shoes and about telephone calls to and from Sean’s and Ariel’s phones.

Sean’s dad testifies

It was an emotional day in court as Larry testified, talking about the missing baby he’d never met and about conversations he’d had with his son, at one point in testimony even being asked about his brother’s funeral.

He held back tears and in some cases wiped away tears while on the stand.

Larry said Sean had denied being Kate’s father before June 28 and had told him there may have been several other guys who could possibly have been the father.

On June 28, however, after receiving an order to provide a DNA swab sample for a paternity case, Sean “told me then … there was a good chance he was the father,” Larry testified.

Mason County Prosecutor Paul Spaniola then asked Larry if he had ever told Sean he would kick him out of the family home if he was Kate’s father.

“No,” Larry testified.

“I told him that I loved him,” he testified later about what he did after learning there was a good possibility his son had fathered a second child with Ariel. “I told him we’d cross that bridge when we came to it.”

During a time in the testimony when it seemed particularly painful to answer questions, Spaniola said, “My heart goes out to you.”

Larry testified about the difficulty of learning the baby was missing and other information he said he learned from police.

During much of his time on the witness stand, Larry was asked about the relationship between Sean and Ariel and the frequent arguments they had over custody and visitation issues involving their 4-year-old daughter, Haley.

Their repeated complaints about each other to police had even inured Larry to having police come to his Millerton Road home during arguments between Sean and Ariel about Haley.

“We got used to it; I guess it is unsettling,” he said about those police visits.

Larry was so used to it, he said, he did not even immediately leave the house when police arrived outside to question Sean about Kate’s whereabouts on June 29. When he did go outside, Sean was already in handcuffs — soon to be taken in for questioning and eventually arrested after police found Kate’s car seat and diaper bag in the trunk of Sean’s car and the clothing she wore that day in Sean’s shorts pocket.

Sean was 17 and Ariel was 15 when Haley was born, Larry testified, adding that both Haley and Ariel were wards of the court at first. Larry and Kim then received guardianship of Haley for a time and eventually Sean and Ariel received joint custody.

Most of Sean and Ariel’s arguments, he said, were over parenting time disputes, with Ariel calling Sean or Kim Phillips sometimes 50 times a day.

“I’d say we got used to it … it was hard on Haley,” Larry said about those fights.

Spaniola asked about the relationship between Ariel and the Phillips family.

Larry said she wasn’t invited to dinners at the home, “but if she pulled up the drive we wouldn’t call police.”

And when Spaniola said the family would not invite Ariel in for “Coke and cookies,” Larry teared up again and said it went back to something that happened during the day of his brother’s memorial service in June of 2008.

Judge Richard Cooper sent the jury from the room while Larry told the story of that day and then allowed Larry to tell an abridged version of the story — that Ariel had stolen money from Phillips’ family members that day — when the jury returned.


Sean’s mom testifies

Kim testified that Sean had denied he was Kate’s father and said she had never met the baby, only seeing photos of her in the media after Kate was reported missing.

She also testified she had told Sean during Ariel’s pregnancy with Kate the baby had better not be his, recalling the drama she said occurred with Ariel in the parenting time issues Sean had over Haley, but said she would have accepted the baby and loved her like she loves Haley. She said she would not have kicked her son out of their home.

Kim did not know how much time Sean was spending with Ariel again, at her apartment and with Ariel’s family at her mother’s home.

She knew Sean had to take a paternity test, Kim said, but did not know it was scheduled for June 29. She thought he had gone to Ludington for a meeting with the Friend of the Court regarding an issue with Ariel over Haley.

It was her day off, Kim testified, and she was home when Ariel began making a series of phone calls there asking where Sean and Kate were. The police also called and she tried to contact Sean, too, Kim said, but the calls went straight to voice mail.

Ludington police officer Tony Kuster came to the house about 2:35 p.m., looking for Sean and Kate.

Kim said Sean returned home about 3 p.m. to 3:15 p.m. or maybe a little later.

“Did Sean have Katherine?” Spaniola asked.

“Of course not,” Kim responded.

She testified she confronted Sean at the door and demanded to know where Kate was. He said he didn’t have her, Kim testified, adding that she looked in his car and saw Haley’s car seat — where it always stayed — but did not see Kate or anything suspicious.


http://www.ludingtondailynews.com/news/65035-phillips-trial-day-7-jury-hears-from-seans-parents-msu-experts?newsgroup_id=

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Thu Apr 26, 2012 11:12 pm

Ludington Daily News

26 April 2012

Phillips' trial Day 8: Police account for Ariel's whereabouts, not Sean’s ‎

Police can account for almost every moment of Ariel Courtland’s movements on the day baby Kate went missing, Mason County Sheriff’s Office Det. Mike Kenney told the jury Wednesday on day eight of the Sean Phillips’ trial over missing baby Kate.
They cannot, however, account for more than an hour of Sean’s time after the baby was reported missing, he said.

That’s what Prosecutor Paul Spaniola was showing the jury through testimony by Kenney, who created a time line based primarily on cell phone records including location data, surveillance video and witness statements.

It was eight days into the trial, including jury selection, seven from when opening arguments began.

The day was a way to tie the testimony and evidence — nearly 80 pieces so far — together.

Spaniola showed jurors not only the timeline but also re-enactments of incidents covered through the testimony they’ve heard, including the events of 1:07 to 1:14 p.m. June 29, 2011 — the time when missing child Katherine “Kate” Shelbie-Elizabeth Phillips was reportedly in Sean’s car between Memorial Medical Center and the apartment complex where she lived with her mother, Ariel Courtland.

Sean is charged with unlawful imprisonment for Kate’s disappearance and he faces up to 15 years in prison if found guilty beyond a reasonable doubt.


http://www.ludingtondailynews.com/news/65074-day-8-police-account-for-ariels-whereabouts-not-seans

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Sun Apr 29, 2012 8:57 pm

Ludington Daily News

27 April 2012

Awaiting a verdict in Sean Phillips' missing baby Kate trial

The jury in the Sean Phillips’ trial began deliberations in the case of missing baby Kate Thursday evening, breaking at 7:30 p.m. and returning at 8 this morning.

Deliberations were put on hold just before 10 a.m. today when a juror let the judge know she was having an issue with high blood pressure and could not reach her doctor. The doctor was being paged at Memorial Medical Center. The juror said she wants to stay on the jury if possible. If not, one of the two alternates will be called back to service.

The jury is to decide if Phillips, 22, is guilty or not guilty of unlawful imprisonment of his child, four and a half months old when she was reported missing, June 29.

Deliberations are done in private. Once a decision is reached, the jury will return to the open courtroom to state the decision.

Where’s “Baby Kate?”

After eight days of witnesses, testimony and evidence in Sean Phillips’ trial for alleged unlawful imprisonment of his then-4-month-old daughter, Katherine “Kate” Shelbie-Elizabeth Phillips, both the prosecutor and defense attorney asked the same question in their summations Thursday.

“Where’s Kate? She’s the victim in this case. We haven’t seen her and nobody knows where she is,” Mason County prosecutor Paul Spaniola said.

“The question is, where is Kate? We don’t know,” said defense attorney Annette Smedley.

Kate’s mother, Ariel Courtland, 20, said she last saw her baby in an infant car seat in the back seat of Sean Phillips’ car shortly after 1 p.m. June 29, 2011.

Phillips, 22, who was proven to be Kate’s father by a paternity test, told police that day that Ariel had Kate.

Deliberations begin

The jury — which now has 12 members after two were chosen by lottery to go home — began deliberations at 6 p.m. Thursday.

They must start those deliberations with the belief that Phillips, 22, is innocent and then weigh the evidence to determine if he is guilty of the crime beyond a reasonable doubt.

The charge is unlawful imprisonment and Circuit Court Judge Richard I. Cooper instructed the jury that it must decide if the prosecution has met the burden of proof by proving all the elements of the charge beyond a reasonable doubt.

The elements of unlawful imprisonment are: He or she knowingly restrains another person under one or more conditions that include the restrained person was secretly confined. Secretly confined is defined by law as keeping the confinement of the restrained person a secret or keeping the location of the restrained person a secret.


http://www.ludingtondailynews.com/news/65093-awaiting-a-verdict-in-sean-phillips-missing-baby-kate-trial

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Sun Apr 29, 2012 8:59 pm

Ludington Daily News

28 April 2012

Sean Phillips verdict in 5.5 hours

After listening to about 50 hours of testimony over eight days and deliberating for about five and a half hours, the jury in Sean Phillips’ unlawful imprisonment trial came back with a verdict shortly after noon Friday.

Guilty.

Defense attorney Annette Smedley asked the court to poll the individual jurors and the result was the same. All 12 jurors said “guilty.”

Sean stood still at the defendant’s table in 51st Circuit Court with a slight flush in his cheeks while the verdict was read and he looked down at the table.

He now faces up to 15 years in prison on the charge and is scheduled for sentencing on Tuesday, June 5.

The crime

Sean, 22, was convicted of unlawful imprisonment in connection with the June 29, 2011 disappearance of his then-4-month-old daughter Katherine “Kate” Shelbie-Elizabeth Phillips.

Kate’s whereabouts are still a mystery today.

Witnesses testified Sean had claimed Kate was not his child until the day prior to her disappearance when a court document arrived at his home about establishing paternity. On June 29 he gave his portion of a DNA sample. Kate and Ariel Courtland, the baby’s mother, were to have their DNA swabs as well, but instead of stopping at the hospital, jurors watched on


http://www.ludingtondailynews.com/news/65109-sean-phillips-verdict-in-55-hours

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Tue May 08, 2012 10:18 am

MLIVE

30 April 2012

Ariel Courtland's grandma: Baby Kate verdict was just

Ariel Courtland, mother of the missing Baby Kate, looked solemn but didn’t break down after jurors delivered a guilty verdict against the baby’s father, Sean Michael Phillips.

Courtland, 20, declined to comment after a jury found Sean Michael Phillips guilty of unlawful imprisonment.

So did other members of her immediate family, except her maternal grandmother, Linda Carlson.

Carlson is the great-grandmother of Katherine Shelbie-Elizabeth Phillips, the 4 ½-month-old infant who went missing June 29, 2011. Authorities say Phillips abducted her. The baby has not been seen since that day.

“I’m happy. I think justice (was done),” Carlson said to reporters outside the Mason County Courthouse following Friday’s verdict.

“It was hard all along, because we found out things we didn’t know,” she said of the trial.

Carlson expressed sympathy for Phillips’ family. “I feel so bad for the family,” she said. “They’re a nice family.”

Authorities believe Sean Phillips abducted the baby shortly after 1 p.m. June 29, 2011, from Courtland outside Courtland's apartment.

Jurors deliberated about 5 ½ hours Thursday and Friday before finding Phillips guilty of unlawful imprisonment, a 15-year felony.


http://www.mlive.com/news/muskegon/index.ssf/2012/04/ariel_courtlands_grandma_belie.html

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Sun Jun 24, 2012 11:48 pm

M-LIVE

5 June 2012

Baby Kate sentencing: Sean Phillips gets 10 to 15 years in prison

Sean Michael Phillips has been sentenced to 10 to 15 years in prison for the unlawful imprisonment of his infant daughter Baby Kate.

It's the maximum possible by law and far above the state sentencing guidelines.

Mason County 51st Circuit Judge Richard I. Cooper pronounced that sentence Tuesday afternoon in Ludington.

A Mason County jury April 27 found Phillips, 22, of Victory Township guilty of unlawful imprisonment in the disappearance of Katherine Shelbie-Elizabeth Phillips, then 4 1/2 months old, on June 29, 2011.


http://www.mlive.com/news/muskegon/index.ssf/2012/06/baby_kate_sentencing_sean_phil.html

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  Twiglet on Sun Jun 24, 2012 11:54 pm

M-LIVE

5 June 2012

Baby Kate case now a homicide investigation, say police, prosecutors in Ludington

The Baby Kate investigation is transitioning to a homicide case, police and prosecutors said after Sean Michael Phillips, the missing baby’s father, got the longest possible sentence for unlawful imprisonment allowed by law: 10 to 15 years in prison.

“Is she possibly dead? She possibly is,” Mason County Prosecutor Paul Spaniola said after Tuesday afternoon’s sentencing.

Area police officials were more blunt.

In a joint written statement, Ludington Police Chief Mark A. Barnett, Mason County Sheriff Jeff Fiers and First Lt. Kevin Leavitt of the Michigan State Police Hart Post predicted that “additional charges” against Phillips will be issued.

Spaniola in a press conference declined to predict how long that might take, if it ever happens.

"Investigators are convinced that one individual, Sean Michael Phillips, knows the location of Katherine's body," the police statement said.

The police statement rebutted other theories that have been presented about what happened to Baby Kate – Katherine Shelbie-Elizabeth Phillips, who disappeared June 29, 2011, at the age of 4 ½ months and has not been seen since.

“Speculation during the first 10 months of the investigation that ‘Baby Kate’ was given to someone else is not supported by the evidence,” the police statement said.

“Previous speculation as to the involvement of the mother, Ariel Courtland, in the disappearance of Katherine Phillips is also not supported by the evidence,” the police said. “Extensive investigation into Ms. Courtland has been conducted by multiple law enforcement agencies. It has been concluded by investigators, and through judicial proceedings, that she did not have the time, means, or motive necessary, or that she has any knowledge of Baby Kate’s whereabouts.”

Spaniola said there have been no new developments in the search for Baby Kate since Phillips’ jury conviction April 27.

He did say tiny seeds that were found in Phillips’ tennis shoes have been germinated in hopes of determining what plants they are, thereby possibly narrowing down the search areas for the baby’s remains, if she is dead.

At the sentencing, Mason County 51st Circuit Judge Richard I. Cooper radically exceeded state sentencing guidelines by imposing the 10-year minimum. State guidelines calculated by probation agents called for a minimum of no more than about three years in prison.

The 15-year maximum is set by law. A prison parole board will eventually decide whether Phillips serves 10 years, 15 or something in between, assuming his conviction and sentencing survive his appeals.


http://www.mlive.com/news/muskegon/index.ssf/2012/06/baby_kate_case_now_a_homicide.html

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default Re: KATHERINE SHELBIE ELIZABETH PHILLIPS 4 months - Ludington, Michigan (USA) - 29/06/11

Post  pam supportfromireland on Thu Sep 27, 2012 11:33 am

The stir.com

12 September 2012

Mom of Missing 'Baby Kate' Plans to Marry Her Daughter's Suspected Killer

http://thestir.cafemom.com/baby/143353/mom_of_missing_baby_kate

* definitely worth a read to why.

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