Nurse testifies Kathy Phillips looked pregnant; attorneys discuss 'mistrial' possibility

by Nora Gathings (hsgathings@wsbt.com)

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Kathy Phillips

Kathy Phillips enters the courtroom on Thursday, July 17, 2008. She is on trial for murder in the death of a newborn found in a field next to her LaPorte County home. (WSBT photo)

By Beth Boehne

LAPORTE — There are new developments in the trial of a local woman accused of killing her baby. Prosecutors believe Kathy Phillips gave birth, then left her baby in a LaPorte field in 2006. Thursday, jurors learned more about that baby.

Jurors were shown pictures of the baby's bloody body. One doctor says the blood on the head is common when a mother has given birth within the last few days. He says she was a normal full-term baby but may not have born alive.

The defense claims their expert will testify she wasn't born alive.

Dr. Joseph Prahlow, who performed the autopsy, said "the fact the cord was wrapped around the neck would raise the possibility it played a role in its death; but it's not definitive."

He also said "it was not wrapped tightly around the neck." However, he can't confirm the baby had a heartbeat or took a breath.

The birth certificate lists the cause of death as undetermined. It also lists her as being four days old when she died.

How she died may remain a mystery.

The doctor says there was some decomposition. Yet, police told the jury Wednesday that rigor mortis hadn't set in and her fingers were flexible.

Earlier Thursday, Phillips' first cousin Denise Woods took the stand telling jurors that Phillips said told her "in conversation that yes, she would have more children," but her husband Garry "would rather not have any more children."

Carol McGuire, a registered nurse who knows Garry and Kathy Phillips, then testified that she saw Kathy at a wedding in September 2005 — six months before Garry found the newborn next to their home.

“Kathy is an athletic and thin girl. I saw her in a buffet line and thought she was pregnant because she had a ‘poochy’ belly,” McGuire said on the stand. “She got angry ... and said, ‘I don't understand why everyone thinks I'm pregnant.’"

This is the first time during the trial we've heard the pregnancy denied.

More police officers also testified Thursday as to how the evidence was collected. The defense honed in again on the fact that police at the crime scene only wore latex gloves. A manual on collecting blood samples requires more protective covering.

Two days were spent finding impartial jurors yet the jury could be tainted. A witness accidentally shifted the burden of proof onto Phillips twice. This is against state and federal law and can be grounds for a mistrial. Jurors were told to ignore that testimony but whether they do is a concern for the defense.

Stay with WSBT News for continuing coverage of this trial.

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