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.

Friday, Jul 25 at 2:10 PM Anonymous wrote ...

It seems that the verdict is over so at this point the only thing to say is. What will God say to her on judgment day. She will get judged and no excuses then.

Monday, Jul 21 at 9:28 AM ilovemychildren wrote ...

God knows who did it and it will be found out. I am blessed with my children.

Sunday, Jul 20 at 12:38 PM LmNoP wrote ...

It is pathetic for the prosecutor to actually use even an RN's casual observance of a woman to testify that she "looked" pregnant. I "look pregnant" about once a month, if you know what I mean, and a lot of other women do, too. It's meaningless conjecture, even if the "witness" was an OB/GYN. Must not be much of a case for them to actually use this. Besides, that was 6months before- only 3months pregnant- which wouldn't show much if at all. Some "evidence".

Saturday, Jul 19 at 4:56 PM JACKIE wrote ...

I JUST DONT UNDERSTAND HOW A MOTHER IS FACING MURDER CHARGES OF HER OWN CHILD AND WALK AROUND WITH THAT BIG CHEESEY SMILE, YOU ARE A BIG DISGRACE AND I HOPE YOU GET YOUR DESERVED PUNISHMENT,YOUR NOT FIT TO SET FREE.

Saturday, Jul 19 at 11:28 AM Lynn wrote ...

To those individuals who think that the trial should have been moved; where do you think that the money is going to come from? Are you willing to let more of your tax dollars be wasted. Start using the common sense that the good Lord gave you!

Friday, Jul 18 at 1:18 PM human wrote ...

I belive we as human beings have a natural reason to judge others when there is a crime committed. We are only human. When dna came out people wanted to accept this tech. compared to lie detector test. It has proven more cases for the guilty and nonguilty. Sure I fill she is guilty and her husband. It's strange that someone put a newborn under a truck topper that knew was in that field and also knows that this family would have the same dna match and kathy was asked if she's pregnant. It's hard.

Friday, Jul 18 at 12:08 PM Jenn wrote ...

Hey...what happens if she is found not guilty? There is still a woman out there somewhere who let her newborn rott in a field. That person will be held responsible no matter what we all think. I just think this is a reflection of how we all act these days. None of us has the right to judge but we sure are, aren't we? I hope for the sake of her soul that she did not do this. Prison will only be half of her punishment.

Friday, Jul 18 at 11:40 AM Jen wrote ...

Maybe she's smiling because after walking into the courtroom, she sees her mom, or someone supportive of her. I'm sure she is trying to be positive for herself at this time. After reading the posts of the people on here, in particular, the ones that say to "fry her" and lock her up, etc.,this is EXACTLY why her trial should have been moved out of the county or used jurors from another county. What a negative impact this will have on a NON SEQUESTERED JURY. I hope the jury will remain fair.

Friday, Jul 18 at 11:10 AM Sue wrote ...

If you look at old articles on this website from a year ago when Kathy was arrested, there are a lot of consistencies. Some of that may be due to errors in reporting, but the police admitted there were a lot of inconsistencies with the husband's story. Plus they say she was very thin and could not have hidden a pregnancy - they interviewed "dozens" of people who claimed she wasnt! Before we declare her guilty, there are a lot of questions to be answered here. This is a very complex case.

Friday, Jul 18 at 10:53 AM Melissa wrote ...

Answer to curious: at the beginning of the investigation they didn't know it was hers because the DNA wasn't run yet. The DNA was run on the father first and then later on Kathy. She wasn't a suspect until later when it would have been too late to do an exam. I think it's very strange that neither one went to the baby's funeral because it was found on their property. I think any normal person would but it's a little odd they didn't attend, and that was way before either one was a suspect.

Friday, Jul 18 at 10:45 AM A wrote ...

her smiling does look bad... whether she is innocent, although i dont believe that in the least, or whether she is guilty, she should be taking this more seriously, smiling doesnt look good on her part at all... also, if he didnt want anymore children and IF she disposed of the child 4this reason, then Y would she get pregnent again prior to this trial??? that 2 was only a ploy... get pregnant show the people how she supposedly will look very pregnant unlike the court case.... ya she is guilty!

Friday, Jul 18 at 10:40 AM A wrote ...

the defense certainly at this point doesnt appear to be doing anything other than the stupid lil' nitpicking ... the police wore latex gloves... get real! if you want to be taken seriously... it is this stupid type of defense, trying to get her off on stupid technicalities that doesnt even suggest to me any type of innocence on her part... yes i realize they havent called their so called witnesses yet, but none the less the defense isnt impressing me 1 bit... and

Friday, Jul 18 at 9:59 AM A Mom wrote ...

Tim is the devil!

Friday, Jul 18 at 9:44 AM Confused wrote ...

The defense claims their expert will testify she wasn't born alive. But why go to the trouble if..‘I don't understand why everyone thinks I'm pregnant.’"

Friday, Jul 18 at 7:08 AM Curious wrote ...

Why didn't they do a pelvic exam when they first suspected her? If the baby was about 4 days old, she would still shows signs of delivery. If she was innocent, she could have proven it then!

Friday, Jul 18 at 4:59 AM Still outraged wrote ...

Lets see, a baby was found on their property, with her DNA. In other news, John Ramsey's daughter was found dead in his Colorado home in 1996. Gee,I see a common theme here. I know that a person is innocent until proven guilty in our system, but when does common sense enter into the picture? I wonder if it ever occurred to Kathy Phillip's husband that maybe, just maybe, that his beloved was knowingly carrying another man's child.

Friday, Jul 18 at 2:54 AM Tim is an idiot wrote ...

Okay, Tim, obviously you have no children and if you do, God help them. You said "lets just call it an abortion and all go home." And you don't understand humans? What are YOU? That is one of the most twisted opinions I have ever read on a post. You are a complete !*@%&! idiot! DNA is what investigators use to link you to a crime. It doesn't lie. Oh! And please keep your DNA to yourself as we don't want people like you multiplying!

Friday, Jul 18 at 12:48 AM Mad At Tim wrote ...

Madison Center? She should fry and so should her husband. And Tim you should fry to

Friday, Jul 18 at 12:41 AM Anonymous wrote ...

so the baby would be two now, look at all it has missed out on huggs and kisses playing in the sand,eatin cookies and milk, bath time, nursing, body rubs with lotion clean fresh PJS after a bath, lovin and cuddling first steps, potty training, playgrounds, maybe a puppy or kitten, favorite stuffed animals so much she has missed with much more like dancing with dad, driving prom gettin married havin her own kids she was robbed of a lifetime of joy, someone needs to pay for that with their freedom

Thursday, Jul 17 at 10:44 PM annieb wrote ...

either way, how in the hell did a newborn baby end up in a field? Defend her, hhmmm, I say NOT, the baby did not walk to it's final resting place and die.

Thursday, Jul 17 at 10:24 PM Outraged wrote ...

It loks as though she's mocking the criminal justice system, in what appears to be the slap on the wrist that she may get away with for her crime. tainted DNA...sounds sort of like o.j. simpson to me.

Thursday, Jul 17 at 10:00 PM John T. wrote ...

Here is a question? Why hasn't thr husband been chared with anything?

Thursday, Jul 17 at 9:54 PM jtalker1965 wrote ...

She looked pregnant? Is thatlike the glass half full or half empty? Is it like you are fat or just a little plump. It's either you are or not.

Thursday, Jul 17 at 9:23 PM Anonymous wrote ...

Here's my prediction - The evidence is so weak against Kathy, that the Judge should throw this case out. It should not even go to the jury. Dr. Prahlow testified that this baby never took a breath. Case closed.

Thursday, Jul 17 at 8:10 PM rigamortis? really? wrote ...

Rigamortis? Come on, WSBT, at least run these things through a spell checker to hide your illiteracy. It's rigor mortis. It's latin. Rigamortis is just tardspeak. If she was showing visibly at the end of the first trimester, there's no way she could have kept the baby hidden through 6 more months of growth.

Thursday, Jul 17 at 7:52 PM s wrote ...

People who are condemning her already should feel ashamed. You're stating your theory as a fact when you have limited actual evidence-and papers always twist things around. So many of you are acting like very ignorant people who are hunting witches. This is not a witch hunt...and if any of you are Christians who are already condemning her, you should feel doubly ashamed. We, as humans don't have the right to judge-a sin is a sin and we shouldn't cast stones. I know we all forget this sometimes

Thursday, Jul 17 at 7:47 PM oh my... wrote ...

how could anyone hold a sweet baby and then throw it out like a piece of trash...if there is a mistrial...she will still have her judgement day...the Good Lord will see to that

Thursday, Jul 17 at 7:44 PM Anonymous wrote ...

Rick is right...and Obama isn't Muslim.

Thursday, Jul 17 at 7:30 PM Chris wrote ...

Phillps has NOT admitted that she was pregnant. If her husband was in on this, why would he call police after finding the baby? People who know Phillips and who saw her a lot will tell you that she was never pregnant. None of the folks saying she is guilty have heard the testimony AND you have not even heard the defense present its case. Don't want you folks on my jury.

Thursday, Jul 17 at 6:19 PM proud mother wrote ...

sounds guilty to me,if the DNA results matched. As a proud mother of 2, I will never understand how any mother could harm a innocent child, or toss them like they were garbage.

Thursday, Jul 17 at 5:53 PM rick wrote ...

PM tim, people convicted of rape with eye witness testimony have been cleared by dna, not people who were convicted using dna. dna has cleared people from before they had dna testing.

Thursday, Jul 17 at 5:50 PM Anon wrote ...

She is innocent. And 9/11 was an inside job. And Elvis is still alive. And O.J. was innocent (both times). And FDR knew about Pearl harbor.

Thursday, Jul 17 at 5:50 PM rick wrote ...

all together now, guilty, guilty, guilty. the dna is the proof. she could have wrapped the cord around the babies neck herself. dna don't lie.

Thursday, Jul 17 at 4:48 PM unfathomable wrote ...

PLEASE, if you do not want your child, you can annonymously drop it at any hospital, fire, or police station, no questions asked. consider how many wonderful couples would die for the opportunity to raise your child. please consider a less selfish approach when disposing of your consequence. god intended for every child to be here.

Thursday, Jul 17 at 4:17 PM hi wrote ...

she is innocent and never said she was pregnant..the news likes to twist stuff around...

Thursday, Jul 17 at 4:10 PM Tim wrote ...

Jodie, she has not even been found guilty and your condeming her to hell? DNA can be wrong. It's low, but still can be! Some people who have been convicted of rape based on DNA and then set free based on DNA, years later! Besides, since I am pro-choice and I believe we will answer for our own sins; Why can't we just call this an abortion and all go home? Isn't an abortion an termination of life as well? I don't understand humans.

Thursday, Jul 17 at 4:00 PM Very Nice wrote ...

she looks extremely guilty to me. She is probably smiling because she is on some "anti-depressant or anti-anxiety drug". Pharmaceutical queens are always "happy"

Thursday, Jul 17 at 3:56 PM hill wrote ...

I think she was pregnant and her husband didn't want anymore children, so they hid and denied the pregnancy. Once the child was born they disposed of it thinking that wild animals would feed on the corpse and no one would ever find out.

Thursday, Jul 17 at 3:50 PM Jodie wrote ...

Regardless of whether or not Baby Jane was stillborn (as Laporte paper addressed from courtroom notes), how could a mother toss her in a field???? Here a woman WAS blessed with a baby and willingly tossed her out like yesterday's trash! Regardless of what the jury finds, there is a special place in Hell for mothers like this! Furthermore, if she had proper maternity care the chances that Baby Jane would have survived would have been significant!

Thursday, Jul 17 at 3:49 PM anonOmus wrote ...

the news says she admitted she was pregnant and it was hers...ok but she could have avoided this whole mess by admitting it in the first place...

Thursday, Jul 17 at 3:48 PM R. wrote ...

Im telling you just send her to maury he will solve it all ... You are the mother and father!!! case solved.

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

MAury Povich!!

Thursday, Jul 17 at 3:14 PM Larry wrote ...

Me..you are obviously a relative or very close friend. Defense attorneys will do whatever they can to attack the evidence, whether they are right or not. The method for collecting blood samples varies from agency to agency and State to State. There is no single manual that is the authority on how to collect evidence.

Thursday, Jul 17 at 3:12 PM Frank wrote ...

Everyone who knows her knows that she is innocent. We will probably never know the whole story, but I have little doubt that she would never harm one of her own children. It is a shame that real crimes go uninvestigated while this women is put through hell.

Thursday, Jul 17 at 3:08 PM Anonymous wrote ...

medical personell saying she looks preggo, dna saying its her baby, it was on her property, right after this, the baby was found that is, was she examined by a DR. to see if it looked like she had given birth recently.wondering what that would have shown

Thursday, Jul 17 at 3:03 PM wake up people wrote ...

get your facts right dna match baby found near home she's a nut wake up people she did it

Thursday, Jul 17 at 2:58 PM Kit Kat wrote ...

I wonder what makes one smile so much when they are on trial for murder

Thursday, Jul 17 at 2:47 PM R. wrote ...

Send her to Maury Povich

Thursday, Jul 17 at 2:42 PM Cindy wrote ...

She is smiling because she is CRAZY! Come on if I were on trial for something this serious and I was innocent I would not be smiling. She thinks she is going to get away with murder. The DNA will prove it.

Thursday, Jul 17 at 2:29 PM DD wrote ...

hey me, learn how to spell or quit posting.

Thursday, Jul 17 at 2:28 PM Anonymous wrote ...

crazy...she needs help not prison put her madison center send her husband to prison

Thursday, Jul 17 at 2:19 PM me wrote ...

partial dna get your facts right.she is smiling cause she knows shes innocent .why look ashamed if you did nothing wrong.la porte police are just gonna make fools of themselves again..and the dna could have been tanted by again police not useing proper procedures.

Thursday, Jul 17 at 1:19 PM hmmm wrote ...

How can someone be happy durring court. She knows that was her baby, DNA does not lie.

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