Phillips trial resumes in LaPorte dead infant case
Phillips trial resumes in LaPorte dead infant case Save Email Print
LaPorte, IN
Posted: 8:33 AM Jul 22, 2008
Last Updated: 10:44 AM Jul 23, 2008
Reporter: Alana Greenfogel
Email Address: Alana.Greenfogel@WNDU.com

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Court proceedings have resumed in the trial of 31-year-old Kathy Phillips. Phillips is facing murder and neglect of a dependent charges involving a dead infant alleged to be Phillips' child.

NewsCenter16 has been following the trial and will be posting updates directly from the courthouse throughout the day. Simply refresh the page for the latest on the trial.


Remote Reporter
Alana Greenfogel, WNDU
Reporting via cell phone through Twitter.com.




    In two days, two forensic analysts say DNA proves Kathy and Garry Phillips are the parents of the baby.

    The trial is moving slowly. Constantly objecting, the defense is giving little wiggle room, making the prosecution work for every witness and every piece of evidence.

    Tuesday, a number of witnesses took the stand, including several family members.

    We heard from Garry Phillips, Kathy's husband, without the jury in the room and only briefly. The prosecution only asked Garry his name before he evoked the 5th Amendment and asked the judge to appoint him a public defender. Garry is expected to meet with the public defender Wednesday morning and it's still up in the air whether he will be a witness.

    Kathy's mother did testify Tuesday. She says Kathy never told her she was pregnant. Mother actually says she was worried about Kathy because it looked like her daughter was losing weight.

    A manager at a plastic company was another witness Tuesday. He says his company in Louisiana manufactures the plastic garbage bags presented to him by the prosecution. The witness also said the two bags come from the same roll based on how they look and unique features or flaws.

    Earlier in the trial, the jury learned one of the garbage bags was found in the Phillips' home. The baby was found in the other.

    One of Garry Phillips' co-workers also testified, saying the garbage bags in the courtroom are the same kind they have at work.

    Meanwhile, the prosecution wants to use a video as evidence. Initially, the judge wouldn't allow it, partly because he says the prosecution can't prove the time and date of the footage. But at the end of the day Tuesday, the judge agreed to watch the video, without the jury in the room. It was home video footage of Kathy and her daughter, who is now almost five years old. After watching the video, the judge then decided to allow the tape to be used as evidence as long as the entire tape is shown.

    Week two of the trial began Monday. A forensic analyst says DNA studies show Kathy and Garry Phillips are the baby's parents. She also said DNA samples, on the towel and washcloth the baby was found with, show traces of the baby and Kathy.

    Meanwhile, the defense challenges the credibility of the DNA analyst and the study. At one point, the prosecution suggested exhuming the baby for additional testing, and idea the judge considered. But the defense rejected the idea.

    Constantly, the defense objects to the prosecution's questions and witnesses' answers. Monday concluded with a dispute over an analyst who studies genetic profiles. The lawyers and judge will discuss that first thing tomorrow morning.

    Earlier Monday, the lead detective took the stand, making that almost ten hours between Friday and Monday. Friday, he testified blood may have been found in the Phillips' bathroom.

    Monday the defense says that doesn't matter because the witness couldn't prove if it was definitely blood, where it came from, or who it belongs to.

    Testimony began last week in Phillip's trial. Phillips has continued to deny ever being pregnant. But in opening statements last Wednesday, the defense wouldn't deny or confirm a pregnancy; rather, they insisted Kathy would not murder her own infant. The defense suggested the baby was stillborn. Phillip’s defense attorney also asked the jury to consider the fact that there's a chance Kathy could have lied about not being pregnant.

    In March of 2006, Kathy’s husband, Garry Phillips, found the body of a baby girl wrapped in a towel in a plastic bag near Phillips’ house.

    She was arrested in October of 2006.

    The highly-publicized trial has been postponed at least three times.

    Several witnesses are expected to be called during the trial including character witnesses, police detectives, and DNA experts.

    Stay with NewsCenter 16 throughout the day as we bring you continuous updates from the courthouse.

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    Posted by: Anonymous on Jul 23, 2008 at 10:48 PM
    Wonder if she is on WELFARE,doing drugs or lives off the government? If she was anything but white, you people would be all over that. I guess she gets a free pass on that matter.

    Posted by: Anonymous on Jul 23, 2008 at 01:29 PM
    Ed, I agree with what you are saying, but with the abortion laws as they are, what is the difference between that and a partial birth abortion? If they find her guilty without proof that the baby was born alive, it's a big step towards saying Rowe Vs. Wade is wrong.

    Posted by: s on Jul 23, 2008 at 09:13 AM
    The video is going to try and prove that she had put on a few pounds before the alleged birth.

    Posted by: south bend on Jul 23, 2008 at 09:07 AM
    All In All MORONS, why put the child in a plastic bag and thrown in a field!! She knew it and now she is playing dumb!! Welcome to INDIANA!!!

    Posted by: Anon Location: Michigan on Jul 23, 2008 at 08:59 AM
    Just wondering - Has the prosecutor asked Kathy's employer how much (if any) time she took off around the time of the birth of the baby?

    Posted by: Ed Location: SBI on Jul 23, 2008 at 08:57 AM
    To all of you who say no breath=no crime: If I am scuba diving and getting my air though a tube, then that tube is ripped, am I not still alive for several minutes though I am not breathing? I guess it's not as simple as you indicate. Of course, I don't think you ever did say you weren't biased, right "Anonymous"?

    Posted by: anonymous Location: south bend on Jul 23, 2008 at 06:21 AM
    dna proves parentage. what does she think that she can get away with? the only thing that needs to be determined now is "why?". only God know what she was thinking. i can only pray for kathy and her family at this point.

    Posted by: Anonymous on Jul 22, 2008 at 11:33 PM
    Also Indi19, a neglect of a dependent claim cannot be based upon death of a baby not yet born.

    Posted by: terry Location: rolling prairie on Jul 22, 2008 at 10:28 PM
    I think k phillips is crazy The way she smiles everyday I dont think she realizes what the outcome could be I wonder does she have a history of mental ilness was she examind by a court app physic doctor I beleave that she beleaves what she is saying we probably will never know the truth but does her husband know why does he need an att after all this time or did he cut a deal to keep himself from going to jail only time will tell this is a good beginning for a movie but how will the end be written

    Posted by: Anonymous on Jul 22, 2008 at 08:18 PM
    Good point Indi; however both charges require that the baby was alive at some point.

    Posted by: Honest Spectator Location: La Porte on Jul 22, 2008 at 06:46 PM
    After reading today's comments I know for a fact that several bloggers have been following the trial from the inside. Sensitive information has been printed. A gag order on this trial has been issued by the judge, so only close to the family or the defendant herself has knowledge. She can never complain in the future that she has not been receiving a fair trial! Us taxpayers are the ones that are being punished.

    Posted by: Indi 19 on Jul 22, 2008 at 06:45 PM
    I wholeheartedly agree with everything CEE said! Justice for baby Jane would be her parents telling the truth!

    Posted by: l Location: LaPorte on Jul 22, 2008 at 06:14 PM
    They have two other children. One is about to start kindergarten. What will life be like for those poor kids. What else are these people capable of??

    Posted by: indi19 on Jul 22, 2008 at 05:09 PM
    The case is being tried not only as a murder case but as neglect to a dependant child

    Posted by: Cee Location: South Bend on Jul 22, 2008 at 05:03 PM
    GL and Kathy, I can't imagine what must have went on, and really there are only 3 people who truly know the truth. I hope that someday you both will be honest enough with yourself, and the people in your lives, and explain what really happened, GOD does not forgive us if we are not clean with him with all the sins we have done. I only want justice for that precious little baby girl, who you wonder if she really was not alive, or if she was, you think of how cold and awful that must have been. Even if she was still born, there is a right way to handle that situation, it being calling the paramedics for help, if she was born dead as the Defense is stating how come no one got that help. You made your selves look guilty from the beginning of all this, and I know for certain I would not want to be a juror, I praise the jurors they have, what a tough case. If you ask for forgiveness, we are to give it. SO why not do the right thing and admit truthfully what really did happen?

    Posted by: GE Location: South Bend on Jul 22, 2008 at 04:54 PM
    I have to ask why was she so afraid to keep this a secret. If husband didn't know, what would he have done to her. Look at the measures she went to avoid him finding out. He may be very abusive. All I can say is she is going to need a heavy script of anti-depressants

    Posted by: Anonymous on Jul 22, 2008 at 04:52 PM
    JOJU wants a Quilty party! I'll bring the material. Who has a sewing machine?

    Posted by: Anonymous on Jul 22, 2008 at 04:42 PM
    Prosecution is doing the best with what they have, sure the expert said the DNA linked the two, but the key issue under the Murder statute is whether we were dealing with a baby born alive. There is no proof of this. This trial is over and probably should not go to the jury. The case for murder has and always has been weak, if a case at all.

    Posted by: Susan on Jul 22, 2008 at 04:41 PM
    Gee is Gary feeling some pressure that maybe, just maybe he's going to be charged and that they need separate attorneys since their stories are now going to be accusing one another. Hmmm....Imagine that! Somehow I think that she wanted another baby, he didn't, so she decided to get pregnant. That way he'd have to accept the baby. WRONG!!! Obviously somewhere he had to find out she was pregnant. I can't imagine hiding that from my husband for 9 months. Did he find out and freak, making her smother it. Or did she give birth and just wrap it in a towel and put it out like garbage, hoping some animal would get it. (Easier to say it, than her! Cannot fathom leaving my child out like garbage!) What level of fear would make you do that to your own child?? These people make me sick!! And in the mean time, where is the little girl in the photos? Hopefully there is someone stable in this family providing her with love and comfort. She must be confused and scared.

    Posted by: Anonymous on Jul 22, 2008 at 04:38 PM
    i wonder whats on the video...

    Posted by: Anonymous on Jul 22, 2008 at 04:36 PM
    "Judge says he would like testimony to be completed tomorrow"???? I thought we were still on the prosecution witnesses. Am I wrong, or do they not expect any witnesses from the defense?

    Posted by: confused Location: Indianapolis on Jul 22, 2008 at 04:30 PM
    What is in this video? There is so much evidence, how is she still denying being pregnant? I’m confused with the husband/wife situation – I mean he had to know she was pregnant, come on – so if they are in on it together, why would he turn the baby in? Wouldn’t he hide it too? The evidence points to her obviously, but the story is just so confusing. I knew Kathy well as a kid and in high school and was in shock when I heard about this a few years ago. I’ve been following it regularly, and just seem to get more confused by the day. Was she hiding the baby from him because he didn’t want more kids? Why not get an abortion if that’s the case. Is she just crazy and really didn’t know she was prego and then blocked all of it out? She is all smiles, and I can’t understand why, unless she’s crazy. Like I say, it’s all just so confusing.

    Posted by: Anonymous on Jul 22, 2008 at 04:22 PM
    what is the video about?

    Posted by: LA Location: Mishawaka on Jul 22, 2008 at 03:58 PM
    I agree with nimrod, every time you see Kathy Phillips she is smiling or lauging on the news. Does she think this is joke or something? If she is found guilty I hope she gets the max amount of time for the crime. No child deserves this, whether it was born dead or alive, Shame on the Phillips for the way they are behaving and God Bless that poor little child. Parents like them no one needs!

    Posted by: Willie Location: Niles on Jul 22, 2008 at 03:49 PM
    Sounds like a circus out there in LaPorte. I have a feeling it'll be O.J. all over again; a plethora of evidence but a bungled prosecution.

    Posted by: MY OPINION Location: Elkhart on Jul 22, 2008 at 03:11 PM
    This case has been bizarre from the start. Also, DNA has been proved to be wrong more than once due to contamination; method of collection etc. Why did the police wait so long to arrest her and why on earth did they do it in front of her daughter? Why is only the mother accused of any wrong doing? I find it hard to believe that a married woman with a young child & spouse living @ home could have pulled this off by herself. Do you think she sent the hubby & kid to the mall so she could give birth alone; clean up and dispose of a baby? Highly unlikely. Yet she is the only person charged with any wrong doing. Also; it would be impossible for someone as small as Kathy Phillips to conceal a full term pregnancy. The whole thing is bizzarre to me.

    Posted by: P Location: LP on Jul 22, 2008 at 02:53 PM
    rut,roh shaggy

    Posted by: JOJU Location: LaPorte on Jul 22, 2008 at 01:54 PM
    Quilty !!!! Quilty !!!!

    Posted by: get on with this Location: south bend on Jul 22, 2008 at 01:50 PM
    Garry NEEDS a lawyer.? The plot thickens!

    Posted by: Mags on Jul 22, 2008 at 01:39 PM
    This seems like a pretty clear cut case. Does DNA lie? I think not but people do!!!! In this case put them both in jail and then see who turns on who! They are definately in cohoots with one another! This makes me sick they could have saved alot of people alot of trouble and time. Good job to the LP County Sherrifs that worked on this case. I'm proud of you and your work.

    Posted by: Anon Location: Michigan on Jul 22, 2008 at 01:17 PM
    I've never been on a jury so I don't know the rules. But it seems to me that the jury is always being asked to leave the courtroom. How in the world can they make an intelligent decision if they're not hearing all the evidence? Also, I see on this web site that Garry is being questioned by the prosecution. I thought a husband couldn't be made to testify against his wife. Any lawyers out there?

    Posted by: J Location: LaPorte on Jul 22, 2008 at 01:12 PM
    Why would Gary request a public defender? Are him and Kathy not still together? Wouldn't they both be represented by the same lawyer?

    Posted by: nimrod Location: laporte on Jul 22, 2008 at 01:05 PM
    Seems to me that Gary won't be laughing and in such a joyful mood now. Maybe he will realize that this is a serious matter. Now if only Kathy would understand that and wipe the smile off of her face

    Posted by: Anonymous on Jul 22, 2008 at 12:55 PM
    what's up now? Garry needs a lawer now? Does he know something that has been a secret? Or is he just trying to protect himself can't wait to see how this all turns out.

    Posted by: Anonymous Location: Elkhart on Jul 22, 2008 at 12:37 PM
    I'm not bored of this case.I just don't understand how someone can throw their child in a bag and deny them. I'm shocked that all evidence point to her and she still deny everything. What happened to mothers protecting their children? All I ever hear anymore is mothers hurting or killing their beloved children.

    Posted by: South Bend Resident Location: South Bend on Jul 22, 2008 at 12:10 PM
    She needs to just give it up. The DNA proves that the baby was hers. She definetely has some problems to be denying she was ever pregnant even after all this evidence. If it was stillborn, she should just come right out and say it instead of wasting everyones time.

    Posted by: Anonymous on Jul 22, 2008 at 12:06 PM
    You can only say so much of the same thing, so far nothing has changed enough to warent the masses to flood the blogs.

    Posted by: P Location: LP on Jul 22, 2008 at 12:03 PM
    The daily comments stay with the article. Every day there is a new article,so the comments start all over.

    Posted by: Eddie on Jul 22, 2008 at 11:59 AM
    All I can say is GUILTY!! Thorw the book at her. Anytime you kill a child it should be automatic death. She should get what she deserves.

    Posted by: Anonymous on Jul 22, 2008 at 11:42 AM
    Well, the comments are deleted or moved to a different page. I couldn't find yesterdays.

    All of the comments can be found under yesterday's story. -WNDU.com


    Posted by: P Location: LP on Jul 22, 2008 at 10:50 AM
    Wow, no comments so far, everyone must be getting bored with this case.


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