Graphic pictures shown in LaPorte murder trial as testimony continues

by Nora Gathings (hsgathings@wsbt.com)

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kathy phillips trial

In the trial of Kathy Phillips, prosecutors showed jurors graphic pictures of the baby found dead next to her LaPorte County home in March 2006. (WSBT file photo)

LAPORTE — The trial of a local mother accused of murder continued Wednesday with graphic pictures of a dead newborn baby. Those pictures will play a big role in the days to come.

After two days of jury selection, attorneys started presenting their cases in the Kathy Phillips murder trial. She is accused of giving birth and leaving the baby girl in a field near her LaPorte home.

Two years ago, strangers buried Baby Jane Doe, who no one claimed.

In her opening statement, LaPorte County Deputy Prosecutor Jennifer Evans told jurors it was all "because of one person who was supposed to take care of her — Kathy Phillips."

Phillips was in court with family members who have denied she was even pregnant just prior to her arrest in 2006.

But in opening statements, prosecutors told jurors multiple DNA tests will prove Phillips is the mother. Evans said their doctor "found no medical evidence as to why this baby shouldn't be alive."

But the defense says a forensic pathologist will testify that the baby had a long umbilical cord that possibly wrapped around its neck. Phillips’ attorney Rich Cook said the pathologist was "unable to determine a cause of death and unable to determine if the baby was born alive" and it is "possible the baby never took a breath."

But police pointed to an umbilical cord in pictures of the baby, claiming the cord was draped and not wrapped around the neck.

Then former LaPorte County Deputy Coroner Brian Cook read from the death certificate that the cause of death "could not be determined."

The death certificate also listed the baby's date of birth as March 8, 2006.
That would make her 4 days old when she died.

Police also testified Wednesday about whether protective gloves — and nothing covering their feet, heads and bodies — was enough to keep the evidence untainted.

Some testimony reveals that may not be the case — some officers testified that a paramedic entered the crime scene without following protocol by not logging even his presence in the scene.

Thursday, testimony should start with discussion about family pictures taken off a computer.

Stay with WSBT News for continuing coverage of this trial.

Friday, Jul 25 at 6:26 AM Anonymous wrote ...

I hope this is not the end to this story. Baby belonged to someone, it is all VERY STRANGE. She must have had a good lawyer?

Thursday, Jul 24 at 5:56 AM erica wrote ...

It was said up there that maybe this was a set up....they also said DNA matched...could it be that her bar hoppin hubby got someone preggo and they did this because he wouldnt leave his wife, left it on their property? Ya never know...hmmm...

Wednesday, Jul 23 at 10:53 AM AM Michigan City wrote ...

Has anyone questioned the fact that GL made statements about not wanting anymore kids and if Kathy got pregnant he would take Ella and leave her. Maybe Kathy was really afraid of him like some people have suggested. GL isn't a very nice person and I think it's their baby and he needs to be on trial also. Ask Kathy's Mom if she would lie for any of her children. The answer to that is absolutely yes.

Friday, Jul 18 at 11:33 AM Wasting tax payers money on a trial. If she is guilty and goes to jail the other parent should have to pay for trial if not convicted. wrote ...

If the baby was stillborn you call for help not throw the baby away. If dna shows them as parents they are. Did she see a doctor during this pregnacy? you can't hide a pregnacy from your spouse, you body has some type of change and you don't have a period. Someone knows if she was pregnant and won't admit it. Blaming it on another family member is crazy. Matching trash bags from the field and in the attic? Come on be realistic.

Friday, Jul 18 at 9:25 AM Anonymous wrote ...

DNA don't lie. There are not ppl in prison from DNA being incorrect, DNA has gooten many ppl out of jail when it proves police work was incorrect just so you know. The odds of DNA is one in how many million? My opinion is they are the parents and they need to be hung. If you kill a baby you have need to be still out walking the planet it don't matter if you are a parent of another child or not or a good working person.

Thursday, Jul 17 at 10:29 PM Yeah...Right wrote ...

Truth- Maybe you should listen up. She had one kid at the time she threw Baby Jane in the trash. And a wonderful husband does not go out bar hopping daily and spend all that "good money" while wifey is at home caring for baby. Her own cousin said he didn't want any more kids. Wow how things have change-next thing ya know she shows up at court pregnant and her lawyer is ditching her because her hubby spent all that money at the bar and they couldn't pay him. Get real here and use common sense.

Thursday, Jul 17 at 3:45 PM Truth... wrote ...

you all need to listen up here.Ask yourself why would someone who makes good money,has a wonderful husband and 2 kids ALREADY just throw her baby in the woods?Dont you think that if they found out that they were prego and DIDNT want it that they would just go and get an abortion?And to ALL you people that think that DNA is 100%correct,how can you be soo ignorant?Do yourself some research on it.You R considered a match even if only 1 strand of it matches.So u know, the dads dna did NOT match

Thursday, Jul 17 at 3:40 PM R. wrote ...

I have never seen anyone come back on the Maury show and say the results were wrong!!

Thursday, Jul 17 at 3:31 PM R. wrote ...

IF I found a baby dead in my yard regardless if it was mine or not, or someone said I killed it or not I WOULD NOT BE SMILING, I would be very sad!

Thursday, Jul 17 at 3:23 PM Anon wrote ...

Please, this is the LaPorte systme we're talking about here. They still can't or won't figure out the Rayna Rison case from 15 years ago that they screwed up. I bet they screw this one up too.

Thursday, Jul 17 at 2:30 PM Tina wrote ...

If the baby was found 4 days after the birth, then why didn't they do pelvic exam on her to know if she just had a baby or not? You would be able to tell from that.

Thursday, Jul 17 at 12:55 PM Sue wrote ...

Billy Bob: Yall go back to the hills. You hear?

Thursday, Jul 17 at 12:50 PM trailer wrote ...

Billy BOB... way to represent your kin

Thursday, Jul 17 at 11:21 AM Billy Bob wrote ...

shes my cuzin, dont ya'll treat her bad up there...

Thursday, Jul 17 at 10:50 AM anon. Middlebury wrote ...

I believe that DNA can lie. Look at all the people that are in jail for multiple years and then the case shows that they were inocent. All those accused wrongly had to waste years in prison until the system found out they were wrong. And I agree with 7:54 AM Elkhart because why if someone to do this would they want to get caught so easily. No one except herself knows if she did it, hopefully whatever did happen they find out the truth to this mess.

Thursday, Jul 17 at 10:27 AM Yeah...Right wrote ...

In her own yard- so easily found. Oh, yeah I forgot everybody goes around looking under truck camper tops. If I recall, her hubby actually wiped the side window to see in because he "smelled" something. I imagine she really didn't have the strength to bury Baby Jane since she had recently given birth. And, do you really think he just happened to decide to go out and clean up that remote area on the property? Come on use some common sense.

Thursday, Jul 17 at 10:26 AM laportean wrote ...

I know this family. Kathy is a loving mother to her girls. I have a hard time believing this could be true. I saw her second pregnancy, it was not hidable. I think the DNA has been screwed up somewhere. Praying for the truth to prevail and you all should do the same. Let's not be so quick to judge. Let him who is without sin cast the first stone. Anyone stepping up?

Thursday, Jul 17 at 10:25 AM me wrote ...

set up is right they need someone to blame.believe me they accused alot of ladies for this.dna part ..it was only partial dna.

Thursday, Jul 17 at 10:11 AM A Mom wrote ...

Stillborn babies (if this one in fact was) deserve a funeral just like anyone else. I can't imagine dumping a baby anywhere! Whatever happened with these peoples biological baby (proven with DNA) is totally wrong. They deserve to rot in prison. God bless this sweet little angel.

Thursday, Jul 17 at 10:11 AM Linda wrote ...

Truth will prevail.I feel so sorry for that baby though being left in a field all alone. Sad. So very sad.

Thursday, Jul 17 at 10:01 AM Steve-O wrote ...

Yes Jodi, it was a setup cause the person that did it found a way to change the DNA from another dead baby to match her and her husband DNA. "If the glove dont fit, you must acquit"

Thursday, Jul 17 at 9:59 AM Anonymous wrote ...

did she help or attend the community fueral, was wondering cause most people would unless she had resentment towards it

Thursday, Jul 17 at 9:32 AM jodi stevens wrote ...

the most important fact here is ,why would she leave the baby in a trash bag in her own yard so easily found..come on she lives in rural area where she could have easily found a spot to bury the baby if if if she was cruel enough to do this in the first place..AND why didnt she stop her husband from the clean up work where the baby was found, hence buying some time to move it...think maybe this could be a set up...afterall anything is possible....

Thursday, Jul 17 at 9:23 AM Yeah...Right wrote ...

Come on Sosinski- You are the one that looks like an idiot. Since this began she and her family have denied she was pregnant and now all the sudden "she may have lied (about being pregnant) and the baby was stillborn." Please. She is a sick woman and to get knocked up again shows how sick she really is. Now she will abandon her 2 living kids as well when they send her off to prison. Exactly where she belongs.

Thursday, Jul 17 at 8:48 AM Me wrote ...

What I don't understand is #1 Why would you conceal a pregnacy for 8 months and not supposedly tell a soul about it? Was it plan this way? Had to be. #2 If a baby found dead on your property has the same DNA as the property owner and not the neighbors somthings fishy. Is this the case of keep it in the family? I think the father also needs to be brought to court unless he has a brother or possibly his dad.

Thursday, Jul 17 at 8:41 AM Duke wrote ...

I used to believe she was innocent. When the defense opens with consideration for stillborn and her possibly lying about being pregnant, I know now she did it. That tells you right there the child came from her. Period. Now they are playing the legal game with taited DNA. A page right out of the OJ trial. I hope the jury holds fast.

Thursday, Jul 17 at 8:35 AM sad wrote ...

this whole thing is sad. but in this day and age, DNA is something that makes forsensic science able to solve murder cases, if the child did not take a breath they still can be charged with Neglect. I believe this woman is not a monster, they are probably good people, they just made a very poor decision. I cannot have children myself, so it is so hard for me to stomach a story like this. but it is not up to me to judge they will reach their ultimate judgement and may God hae mercy on their souls

Thursday, Jul 17 at 8:28 AM Sue wrote ...

I agree with Elkhart. There are too many weird things about this case to say it's "cut and dried". Wish I was on the jury...

Thursday, Jul 17 at 8:28 AM Anon. wrote ...

DNA doesnt lie - you are all correct, but have you ever thought that maybe the DNA got mixed in the lab? That it could have been from their other children? This is a witchhunt, it was during an election year..they needed to prosecute someone. And the neighbors had a teenage daughter who a witness said was pregnant during that time. The police didnt pursue THAT lead.

Thursday, Jul 17 at 8:15 AM j south bend wrote ...

come on people. dna proves it beyond a shadow of a doubt! the trash bag is one that was from others found in the phillips' attic. i have personally known women that had children and you could not tell that they were pregnant. she could very well have concealed the pregnancy from everyone including her husband. maybe he didn't want any more children and she hid it from him and then dumped the baby when the poor little thing was born! what was she thinking? she could have been adopted.

Thursday, Jul 17 at 8:02 AM Sosinski wrote ...

If you knew anything about this case you all would know who the head detectives were. They also handled all the DNA. I'm curious why they haven't testified? KNOW THE FACTS before opening your mouth--you make this community look like idiots.

Thursday, Jul 17 at 7:40 AM Steve-O wrote ...

Its just a matter of time before she admits that she was pregnant and tossed the baby. Then her picture with her smiling will be replaced with her crying in her orange jumpsuit. Dont she watch CSI, you cant beat DNA.

Thursday, Jul 17 at 6:54 AM Elkhart wrote ...

Child-birth is messy. Where was this baby born? In a field? In the living room? Bathroom? Where her other kids home-birthed? And why would she dump the body on her property so it could be easily found? Its like she set herself up and this doesnt make any sense. Im willing to bet the DNA is hubbys and another relative, not Kathys.

Thursday, Jul 17 at 5:57 AM Kit Kat wrote ...

She can not be charged with murder if they can not prove the baby took a breath..but there has to be something to charge her with for tossing the baby out and not reporting it...what happen is happening with her other children?

Thursday, Jul 17 at 5:48 AM Now I am confused wrote ...

Who is Mireles and what the heck do his daughters have to do with the price of tea in China if DNA has already proven that the Phillips' are the parents (barring any freaky twin thing going on).

Thursday, Jul 17 at 1:50 AM Anonymous wrote ...

Since the DNA came back showing that this woman and her husband are the parents of this baby then it is theirs. DNA does not lie. Since they can't prove the baby was in fact born alive I am not sure if she can be found guilty of murder. But since the DNA proves who the parents are they should get some punishment for throwing away this baby if in fact the baby was still born. If she thinks going into court pregnant will help her she best think again. The DNA proves she is the mother.

Wednesday, Jul 16 at 11:59 PM WHATEVER wrote ...

DNA does not lie,They tested both Mom and Dad, then I would say that it makes them the parents, RIGHT!!!! SHAM ON U ! I hope you live the rest of your life in misery! At lest that poor little baby is with someone who cares about her, GOD, unlike you worthless people.

Wednesday, Jul 16 at 11:04 PM John wrote ...

This woman is subhuman. All you people defending her saying she wasn't pregnant are ridiculous. She was pregnant and in court today said the baby was stillborn. Shes sick and should go to jail for the rest of her life.

Wednesday, Jul 16 at 9:42 PM Kit Kat wrote ...

Regarding 5:00 - to have a still born at home and freak doesn't mean you throw it out in the snow - the morning after pill (which I believe is wrong) is not at full term -

Wednesday, Jul 16 at 7:00 PM A Parent wrote ...

DNA doesn't lie!!! Fry her and her husband! Shame on them.

Wednesday, Jul 16 at 5:58 PM Anonymous wrote ...

I believe she did this, as the DNA has proven. She deserves no mercy. That poor little defenseless baby had no chance.

Wednesday, Jul 16 at 5:26 PM Anon. wrote ...

Sosinski - is that their neighbor? I believe in Kathy's complete and total innocence. You people need to know the facts.

Wednesday, Jul 16 at 5:20 PM Anonymous wrote ...

that is just crazy to brig up shayna's kids. c'mon now! i think she was covering up for an affair and that is why garry gave his DNA so willingly early on..he probably did'nt think it would come back as his. ya know, if my spouse and I found a dead baby outside our house, i would have at least helped the community bury it and maybe would have been a little more cocerned about the baby rather than only myself.

Wednesday, Jul 16 at 4:24 PM Sosinski wrote ...

You all should know what your talking about before speaking. Kathy is innocent and that was not her baby. Oh and by the way no they do not have a daughter that is old enough to have a baby, but Mireles' daughters are, bet no one checked that out.

Wednesday, Jul 16 at 4:00 PM JCS wrote ...

Could have been stillborn, and they just freaked out. Is it worth destroying an existing and apparently stable family for something that happens in back rooms all the time? If she'd taken a morning after pill, you folks wouldn't even be arguing right now. Just saying.

Wednesday, Jul 16 at 3:10 PM ugh wrote ...

Anonymous - I thought the same thing or does Kathy have a sister that the Hubby was sleeping with?

Wednesday, Jul 16 at 3:04 PM anon wrote ...

Does the husband have a twin brother? The DNA would match then. The husband wouldn't have known if she was having an affair and was trying to cover up the pregnancy/birth.

Wednesday, Jul 16 at 2:11 PM Danielle wrote ...

If she is the mother-how could she sleep at night knowing she abandoned her baby in a trash bag..wouldn't you want a proper burial, even if it was an accident or whatever happened. Only she and God know the truth.

Wednesday, Jul 16 at 2:01 PM Anonymous wrote ...

Does this couple have a daughter old enough to have a child?

Wednesday, Jul 16 at 1:39 PM JESSIKA wrote ...

THAT IS JUST HORRIBLE!! SHE IS THE MOTHER AND SHE NEEDS TO OWN UP TO IT!

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