Kathy Phillips not guilty of murder, not guilty of neglect
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Updated: 7:50 AM Jul 25, 2008
Kathy Phillips not guilty of murder, not guilty of neglect
LaPorte, IN
About nine hours after they were given the case, jurors found Kathy Phillips not guilty of killing her newborn baby.
Posted: 11:47 PM Jul 23, 2008
Reporter: Alana Greenfogel
Email Address: Alana.Greenfogel@WNDU.com
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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.



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