Kathy Phillips not guilty of murder, not guilty of neglect Save Email Print
LaPorte, IN
Posted: 10:47 PM Jul 23, 2008
Last Updated: 6:50 AM Jul 25, 2008
Reporter: Alana Greenfogel
Email Address: Alana.Greenfogel@WNDU.com

A | A | A

After more than five days of testimony, the jury decided Kathy Phillips did not kill an infant found near her property back in March of 2006.

"You just stop and think I know she wasn't pregnant during this whole time they accused her of this," Kathy's mother, Marcia Ruminski, says after hearing the verdict. "My daughter would not take another person's life, least of all her child."

The jury started deliberating at about 4:30pm CDT, and the judge read its verdict at about 1:15am CDT.

Earlier in the night, about 11:00pm CDT, jurors told the judge they reached a decision on one count, but had not come to a consensus on the second. After that announcement, the judge let the jurors have a break to walk outside.

The prosecution called witnesses for five full days of testimony and rested on the sixth day, Wednesday morning. The defense rested without ever calling a witness.

"When you have the death of a baby here, the State was looking to find justice for that baby and that's the job ultimately of the jury and they did," says Deputy Prosecutor Jennifer Evans. "The inconclusiveness of the cause of death was seriously an obstacle but I think we presented the best circumstantial case that we possibly could."

Thursday, the LaPorte community reacts to the verdict.

"It's hard to believe that a mother, that already has children, could kill another child and I don't think that she did," says Beverly Wilson. "If the baby was born dead she couldn't have killed it. In other words, if it was stillborn, it's not a murder."

Wilson continues, "I don't know the woman. Never met her. But I still don't think she killed that baby."

"If there was no crime committed she would have done something to begin with," says Bob French, Kathy's high school classmate. "And trying to hide the pregnancy from the beginning signifies wrong intent."

French continues, "People think she's guilty living in this town. She'll hear about it. She'll get the looks and feel uncomfortable for probably the rest of her life."

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 Twitter.com.





    Here's a recap of the daily events during the trial.

    Tuesday, 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.

    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.

    Related Stories
    Trial resumes in LaPorte dead infant case

    First week of trial ends for dead infant case

    Kathy Phillips' murder trial continues in LaPorte

    LaPorte Woman Released from Jail

    Phillips trial will have local jurors

    Trial delayed in Rolling Prairie newborn death

    Full jury selected in Kathy Phillips murder trial; testimony begins Wednesday

    More Stories
    Poverty Here at Home: Part 3

    Art project and fundraiser combine for delicious charity

    Michiana drivers say it's the start of snowy and slick roads

    Plymouth man says hospital records were found in open dumpster

    Post Your Comments
    First Name:
    Location:
    Enter Comments: characters left
    Email (optional):
    Email will not be displayed on site. For station contact purpose only.
    Read Comments
    Comments are posted from viewers like you and do not always reflect the views of this station.
    Posted by: Betty Location: Syracuse on Aug 1, 2008 at 05:12 PM
    DNA says her and her husband are the parents of this poor baby, how could anyone find her not guilty/

    Posted by: ED Location: SBI on Aug 1, 2008 at 01:31 PM
    Hey Anonymous...I agree with Steven, and I am schooled in the "lawwwwwww." The law should be a means to the end of justice, not an obstacle.

    Posted by: Anonymous on Jul 31, 2008 at 10:49 PM
    Well Steve if you think you could have done any better on the jury, then have at it, but first you should school yourself on the lawwwwwwww....Till you do the keep your mouth shut.

    Posted by: Steven Location: Trail Creek on Jul 31, 2008 at 04:32 PM
    My sentiments, exactly! Posted by: Willie Location: Niles on Jul 30, 2008 at 03:55 PM A baby is dead, wrapped in a trash bag and left in a field. The bag used came from Garry's workplace. There is a 99.9% chance that Kathy and Garry Phillips are the parents. Kathy denied being pregnant, then the defense changed the story to stillbirth. Now this monster has gotten off because the jury obviously doesn't know the definition of "reasonable doubt". This country's justice system has gotten way too complicated when the murder of a baby goes unpunished because of legal technicalities.

    Posted by: Kim Location: Elkhart on Jul 30, 2008 at 04:42 PM
    we should take her and put dume a** body in the garbage bag like she did to her baby and take the baseball bat and beat the sh*t out of her. Or we also should do with Kathy Phillips is take her and wrap her up with ropes and drag her sorry a** on the highway and let the big eighteen wheeler run her over. I have a little girl and she is 3 would never ever hurt her Love kids I wish my husband had couple more kids but we can't. Our little girl is very special to us because doctor me I can't have a baby at all and look at us now we do have a little girl.

    Posted by: Willie Location: Niles on Jul 30, 2008 at 03:55 PM
    A baby is dead, wrapped in a trash bag and left in a field. The bag used came from Garry's workplace. There is a 99.9% chance that Kathy and Garry Phillips are the parents. Kathy denied being pregnant, then the defense changed the story to stillbirth. Now this monster has gotten off because the jury obviously doesn't know the definition of "reasonable doubt". This country's justice system has gotten way too complicated when the murder of a baby goes unpunished because of legal technicalities.

    Posted by: SadMom on Jul 29, 2008 at 08:39 PM
    Sosinsky must be related to these sickos if you cant understand why most of us (except for you relatives and friends)are sickened and maddened that someone would harm their own child or at the very least dispose of their baby this way then you are as sick as the Phillips are. I may have cussed in front of my kids once or twice but I would never harm murder or throuw them away. So F off theres another one for u a hole!

    Posted by: Joyce Location: Benton Harbor on Jul 29, 2008 at 02:50 PM
    Hey Kathy, great idea,when my family members die I'll save a ton of money on the funeral,casket,and lot.I can just dump them all in your yard.People of Laporte I hope you can make someone see that a crime has taken place in your town.Dumping a body and lying in court-something is wrong here and everyone knows it.

    Posted by: AR Location: rolling prairie on Jul 29, 2008 at 01:46 PM
    to betty.. GL is the baby's DNA proven father.And 911 was NEVER CALLED!!!!! Kathy and GL are both guilty of dispossing of baby Jane Doe in a garbage bag, like a piece of trash! The Grandmother, Marcia, has said all along, her daughter Kathy was never pregnant with baby Jane Doe! Child welfare needs to watch this family, as it was said in court GL didn't want but the first child, and the new child is in danger of them killing it, and saying it was a crib death.....

    Posted by: O on Jul 29, 2008 at 08:31 AM
    IF SHE WAS BLACK,,,they would have put her up under the jail, and this forum would have all sorts of degrading comments...

    Posted by: Anonymous on Jul 28, 2008 at 08:20 PM
    You people are very warped. Why don't you sign your name if you feel so strongly? You are all keyboard tough guys!

    Posted by: Steve Location: warsaw on Jul 28, 2008 at 05:21 PM
    Tell me something how in the hell can some one not be charged with some kind of crime if the baby was still born you dont just dump it in the weeds like a piece of trash

    Posted by: Trent on Jul 28, 2008 at 03:36 PM
    Did they ever discuss the fact that the trash bags at the house more than likely were stolen from work as work had ones from the exact same roll from the factory that made them? GL must be using the Dilbert method of collecting office supplies.

    Posted by: diamond Location: southbend on Jul 28, 2008 at 08:00 AM
    he should still go on trial for disposing a human body by throughung it in the woods i know you cant just throw a way a body and get away with it

    Posted by: MM on Jul 27, 2008 at 02:59 PM
    OH SHE'S A MURDERER AND THE HUSBAND IS AN ACCOMPLICE. sounds like the prosecution BLEW the case. makes me want to go to laporte and start a crime spree.won't get put in jail.anybody want to join me?lol?!

    Posted by: Yeah...Right on Jul 27, 2008 at 01:59 PM
    Yes, Nicole that is all you have to do. Heck, this may put funeral homes out of business. You can even use the trash bags at your house and wrap him in matching sheets to your bed. All you have to say is he was dead and you hid his death from your family so you thought this would be the easy way out. Sounds kinda crazy but, hey if he is dead??? Still can't believe Kathy and her family got away with MURDER. They are sick people. Can't wait to hear her comment. I an sure it has just been one big party for them the past week. They get to resume their bar hopping. I even bet she'll be playing some softball. I can't believe she'd have the nerve to show her face in this town. Hell is waiting for her.

    Posted by: Nicole Location: Stevensville on Jul 27, 2008 at 09:15 AM
    So I am just wondering, if my husband died of natural causes in his bed.. I can throw him in a trash bag out in my back yard? That is legal in what country again???? This is just so wrong!

    Posted by: Me Location: Mishawaka on Jul 26, 2008 at 02:30 PM
    Was this the same jury from the O.J. Simpson trial???????? What a JOKE!

    Posted by: Farley Location: Granger on Jul 26, 2008 at 01:06 PM
    Mom and Dad babby killers. We need to rescue the two children they have before they meet the same fate as their sister !! How could any idiot defend these monsters ?

    Posted by: Anonymous Location: New Buffalo on Jul 26, 2008 at 10:48 AM
    I dont understand how a "not guilty" verdict was reached wioth DNA evidence proving within a 99.99 % chance that it was her baby, and it ended up in a garbage bag in a field. I think the jury blew this one big time!

    Posted by: bd Location: mishawaka on Jul 26, 2008 at 09:24 AM
    A jury of her peers found her not guilty, but from what I have read, it was confirmed that the baby was hers. I personally dont believe she is guilty of murdering this baby, but why on earth would you want your child to be left (dead or alive) in a cold field. The whole situation is sad!

    Posted by: tom Location: laporte on Jul 26, 2008 at 08:33 AM
    Another MISHANDLED case by laporte prosecutor!!!!!!!!!!!!!! PERIOD!!!! Police didn't follow PROPER procedure either!!!! We got rules to follow! Well so do THEY!! Shame on the prosecutor and Police!!!! Case closed!

    Posted by: Pat Location: Mishawaka on Jul 26, 2008 at 08:07 AM
    I can't believe the jury did not find her guilty of the any charge. Both of them will get theirs someday

    Posted by: Elsie Location: Osceola on Jul 26, 2008 at 06:04 AM
    Here is my theory: GRANDMA DID IT! The only fact we know for sure is who the parents are. There is absolutely nothing else to tell us for sure what happened after the baby was born or even how and where the baby was born. Why else would Kathy's mom be so thrilled that her daughter were found not guilty? Maybe Kathy is not guilty after all and the grandma is guilty as sin and grandma is protecting her own daughter? And I use the term grandma very loosely - I don't know of any grandma who would not be demanding to know the truth about what happened to her own granddaughter. Either way, there seems to be an element of mental illness here - Kathy can apparently just wish away a pregnancy and her mother believes in DNA fairies. Sad, sick situation any way you look at it. Now that DNA proves Kathy and Garry are the parents, what are they going to do to properly bury their daughter? Or are they going to continue to discard her and let her remain alone and anonymous in her Jane Doe plot?

    Posted by: betty Location: mich. on Jul 26, 2008 at 02:41 AM
    People..i would like to know, who is GL?? CAN SOMEONE TELL ME? In my Heart of Hearts..I BELIEVE they are BOTH are as GUILTY as Guilty can be..PERIOD!!!! Another thing i want to know is..soon as the FATHER found this Baby, and called 911, and they denied Kathy was even pregnant, why didn't they have her examined at a hospital and the Doctor could tell right away if she had recently given birth..i don't get why they didn't do this..can someone explain this to me? I feel for their 2 little ones still living with them and most of all..i am happy that precious baby Jane is in the Loving Arma of God, where she is at Peace now. God Bless the Little Ones!!!!!

    Posted by: Anonymous on Jul 25, 2008 at 07:15 PM
    The jury could only convict her for murder and/or neglect, the charges the prosecution brought against her. If the prosecution didn't prove anymore than circumstancial evidence, the jury can't convict her. Bottom line the prosecution botched this one. Were they not the ones that entered into evidence a autopsy saying they couldn't confirm if the baby took a breath or not? And I don't even want to hear an argument about when life starts (whether at conception or birth)! The state says life starts at birth so that what you have to go by, in a court of law anyway. The prosecution would have been better off going for lesser charges instead of going for the jugular. Atleast she might have done some time for something! And I am in no way shape or form a friend or relative, just simply someone that

    Posted by: Carly Location: Niles on Jul 25, 2008 at 03:02 PM
    Okay...it's a fact that Kathy Phillips and her husband are the parents of this poor baby. Maybe the baby was stillborn but that means that Kathy had to be pregnant and give birth at some point. That means she knew about it! That means she committed purjury! She may not be guilty of murder but this woman is definetly guilty of SOMETHING!! Neglect? Improper disposal of a body? Purjury? Something?? A baby died! Doesn't anyone care? An injustice has been done...who is going to pay for it? I guess Kathy and God are the only ones that truly know what happened. Judgement Day will come!

    Posted by: Bob Location: Elkhart on Jul 25, 2008 at 02:02 PM
    There are a couple of things that upset me about this whole case.First and foremost an innocent little life was taken and that is the saddest part. The second thing that upset me is everytime they showed Kathy Phillips on TV she was always laughing and smiling as if this were all a big joke. If I had lost a child I would find it hard to laugh and smile especially if I were on trial for the childs murder and neglect. She knows whether she did it or not and if she any conscience at all she will have to live with that fact and she will have to answer to God someday.

    Posted by: Anonymous Location: Michigan on Jul 25, 2008 at 02:01 PM
    A child is a gift anyway you look at it. The DNA proved that she was the mother and he was the father how can they deny this and this jury find her not guilty. There is something very wrong with our court system----kill a kid and you go free. The only justice for this child now is Kathy will have to face God and answer to him for what she had done. It makes me ill to know she gets to go free. And whats even worse is how can this father even touch her after what she did he is just as guilty as she is for what happened. Rest in peace little one God will punish her and you are now is God's protective arms instead of her's.......

    Posted by: s Location: bremen on Jul 25, 2008 at 12:56 PM
    South bend tribune is reporting new charges unlikely to be filed by prosecution in this case. What's done is done. The only people who know what happened are the mother, baby & God. She will have to answer to the highest authority for what she did. Will everyone who is bashing her also have to answer for their postings????

    Posted by: t-bone Location: south bend on Jul 25, 2008 at 12:30 PM
    Halo your'e an idiot. This happened in Laporte.

    Posted by: TT Location: Rolling on Jul 25, 2008 at 11:11 AM
    In the trial, There were pictures of Kathy and GL's house, inside and out. In the pictures there was NO BABY CRIB up anywhere, or anything awaiting the birth of a new baby. The more I've thought about this, the more I'm convinced: "THERE WAS NOT GOING TO BE A LIVE BABY TO NEED A BED TO SLEEP IN !!!!!!!!!!!!" GL and Kathy, IF ANYTHING HAPPENS TO YOUR 2 OTHER GIRLS, YOU DID IT! When BAD things happen to you, and you ask "WHY"...remember"BABY JANE DOE", and you'll know why!!!!!!!!!! Party on at the bars. Drink, play darts, bowl.... laugh & live it up! And when you asked for a court appointed lawyer, you said you had $2,000 in the bank. You could have burried your baby Jane Doe. True... it's not as cheap as a garbage bag. As a father, you are one SICK dude!

    Posted by: Tom Location: South Bend on Jul 25, 2008 at 10:06 AM
    DNA may not lie but the police and prosecutors do,I doubt that there was a match they would have been able to use it in court.

    Posted by: wrong direction Location: laporte on Jul 25, 2008 at 09:54 AM
    this is what happens when we as americans who live in this wonderful country allow clowns tomake laws without our overwatch.as we continue to avoid our moral direction,,,bang this is what happens. if you really care,begin to contact law makers to keep them in check. otherwise they'll keep us going down,down. continue to let abortionist to degrade what alife is. i know they'll be at the state and fed. capital.this is sad. a woman is found to be the mother,thier is a trail of wrong desicions, a baby is found dead and bagged, we find the mother and father but knowone is found wrong of any illeagal act. for me the death penalty would have been fine. but what really gets me is children in this country are trashed everyday and polititions wait for calls to better the law books. but do we call? today childmolesters walk our streets so we keep our kids off.lets start making calls, and tell them we want change. otherwise the enemy of our children will. jane doe, hope to meet you in heaven?

    Posted by: Halo Location: South Bend on Jul 25, 2008 at 09:01 AM
    Interesting to know - you can get away with murder in the good ol' Bend. Sad situation...rip little one.

    Posted by: Alan Location: Elkhart on Jul 25, 2008 at 08:35 AM
    How does Gary look her in the face knowing that a dead infant found on their property contained half his DNA? How can he kiss or hold her? The thought of laying down with her would make me physically ill. Takes all kinds I suppose.

    Posted by: A Location: Mishawaka on Jul 25, 2008 at 08:07 AM
    what i dont understand is why the prosecutors office was solely wanting to go with murder.... they knew they didnt have but very little circumstantial evidence that it 'might' have been alive at the time of birth and that going for murder would be quite iffy, even the neglect since that too was for a living baby... so why that avenue? why didnt they charge her for many other things, such as the disposal of the baby, stillborn or not... she is certainly guilty of that, or the treatment of the baby during the pregnancy and after... it is unfortunate that she will not be punished here on earth for the treatment of that pregnancy, birth and 'burial' of the baby.... though hopefully she will be punished upon her own death.... perhaps she will suffer within her own body and mind for many many many years to come!!!

    Posted by: Anonymous Location: LAPORTE on Jul 25, 2008 at 06:59 AM
    I HOPE LAPORTE COUNTY POLICE LEARNED THERE LESSON ON HOW TO HANDLE CRIME SEENS INVEGISTATIONS. IF I LOST A FAMILY MEMBER AND THE MURDERER WAS FOUND NOT GUILTY BECAUSE OF IMPROPPER COLLECTION OF EVEDIENCE IT WOULD MAKE ME CRAZY.

    Posted by: Sosinski Location: Alabama on Jul 25, 2008 at 06:58 AM
    Sad Mom, please have a little dignity, your language is horrible. If you talk like this on the web what do you say in front of your kids. You call her names and cus her out but you hae no cluea about anything. You all really need lives instead of trying to be in Kathy's. Give it a rest people she was found NOT Guilty.

    Posted by: Ed Location: SBI on Jul 25, 2008 at 05:42 AM
    (Continued) Come back with a not guilty verdict based on the law, but they did not feel good about it, and did I mention several were crying or sobbing when they came back with the verdict?

    Posted by: Ed Location: SBI on Jul 25, 2008 at 05:40 AM
    One sample from Garry was tested for DNA, which he volunteered.