Jury selected in Kathy Phillips murder trial

by Nora Gathings (hsgathings@wsbt.com)

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Kathy Phillips jury trial

Jury members were brought back to court Tuesday for questioning before participating in the case of Kathy Phillips. (WSBT photo)

By Tiffany Griffin

Story Created: Jul 15, 2008 at 12:43 PM EST

Story Updated: Jul 22, 2008 at 11:29 AM EST

LAPORTE — After two days of questioning, lawyers picked 12 jurors and two alternates to hear a local murder case late Tuesday night. The jury is split almost evenly among men and women.

Most the jurors are older. They will begin hearing the case Wednesday morning.

Kathy Phillips is accused of giving birth and leaving the baby girl near her home, but Phillips claims she never gave birth.

The judge did individual screening interviews Monday because of the pre-trial publicity. Tuesday, half of those potential jurors were back, being questioned as a group. Many of them claimed to have never heard of Baby Jane Doe or Kathy Phillips.

Kathy Phillip's husband found the newborn in a garbage bag near their home in March 2006. Six months later, Phillips was arrested.

Police say DNA evidence proves she is the mother, but she and her family deny a pregnancy.

A total of 120 potential jurors were pre-screened on Monday, 36 said they have no prior knowledge of the case.

But some people believe finding fair jurors in LaPorte isn't possible.

Cyle Lambert remembers when her 2-year-old daughter Anna was born.

“Motherly instincts kick in and you want to take care of that baby. That was around the same time someone else decided not to take care of a baby girl and left her in a LaPorte field.That baby had no chance to live and that person should be punished,” said Lambert.

“Everyone deserves a fair trial, so it should have been taken out of LaPorte County,” said Betty Floyd.

“I feel if the lawyers do their job in questioning people, they should find a fair jury.”

While questioning potential jurors, one said, "Being it is a newborn and it would be a lot of graphic pictures, I can't look at it. It would upset me."

When the prosecutor asked if that potential juror would be able to put those feelings aside, they said, "No.”

That juror and another, who said impartiality would be a problem, were struck.

But another potential juror told attorneys she knew someone who said she [Kathy] wasn't pregnant at the time.

And that person is on the jury.

Lambert says, like many people, she wants closure and wants to find Baby Jane Doe's parents.

“You're mad that that mother didn't give that baby a chance and didn't give it up for adoption or to a safe haven.”

From the questions Tuesday morning, WSBT got a preview of some of the evidence that should be presented including graphic photos and DNA evidence.

The DNA issue already got heated because the defense attorney felt some questions this morning presented evidence, which isn't allowed prior to the trial.

This trial is expected to last one and a half to two weeks.

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