Testimony in LaPorte murder trial focuses on blood, crime scene

by Nora Gathings (hsgathings@wsbt.com)

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Kathy Phillips

Kathy Phillips (rear) enters court on Friday, July 18, 2008. She is on trial for murder in connection with the body of a newborn baby found in a field next to her LaPorte County home. (WSBT photo)

By Beth Boehne

LAPORTE — Testimony Friday in the trial of a mother accused of killing her newborn baby centered on the possibility of crime scene contamination. Jurors were also shown pictures of what police say is blood found inside Kathy Phillips' home.

Kathy's husband Garry found the body of a newborn baby girl near their home in March 2006.

In October 2006, search warrants were issued for the Phillips’ home. Police searched for any signs that Kathy Phillips gave birth to a baby.

On two separate occasions, police sprayed a chemical called BlueStar that turns blue if blood is present. Police say numerous places in the bathroom turned blue both times.

" I observed [blue on the] sink, handles, interface between the faucet and vanity, drain area. I also observed it when we sprayed the bathtub on the hot and cold handles, drain, the shower, the trim along the bathtub," testified Detective Patrick Cicero of the LaPorte County Sheriff’s Department.

During his testimony, a familiar issue about the evidence surfaced. Whether the evidence was properly collected has been a point of contention since testimony started Wednesday. The defense has drilled each officer and medical specialist about precautions taken when handling evidence.

Cicero said Tyvek protective suits were used for the blood tests, but not for other evidence collection. Other officers have testified that latex gloves may not have been enough. But Cicero, the lead investigator, said Friday that was enough to prevent contamination.

"Will you explain why you were not wearing a Tyvek suit?" the defense asked.

“There is no need to,” replied Cicero. "I've never worn a Tyvek. I have never worn a cap. In some situations, I have worn a face mask ... all the times I have collected, there has never been cross contamination. It just doesn't happen."

Cicero says Tyvek suits and other protective clothing are only worn at hazardous scenes. He did wear a Tyvek when conducting tests to pull fingerprints off the garbage bag the baby was found in.

The DNA evidence should be introduced soon. We heard testimony about samples being taken from Garry and Kathy Phillips and saw video of Kathy having hers taken.

Stay with WSBT News for continuing coverage of this trial.

Monday, Jul 21 at 9:18 AM In the know wrote ...

Sounds like "Get a grip" is a bitter relative of this piece of trash, probably in trouble with the law as well. She's guilty and shouldn't be allowed to raise kids. And now she's laughing it up at her own murder trial. Sick, twisted monster.

Saturday, Jul 19 at 10:20 PM Mom in LP wrote ...

Get a Grip wrote: "And Pat Cicero is NOT a professional detective, no matter what he tells you." Det. Patrick Cicero doesn't have to tell you anything. His credentials should speak for themselves. He is a certified crime scene investigator. He is a blood stain pattern analyst. He is not only a graduate of the Nat'l Forensic Academy, but he returns each succeeding session to teach Forensic Entomology. A lot of hard work goes into each, not to mention all the CE needed to maintain certifications.

Saturday, Jul 19 at 9:36 PM That should not matter wrote ...

I say no way to a mistrail for murder, because of lack of proof of life. This was a viable pregnacy and how many births need oxegen assitance, or help clearing lungs, you bet they do. So this pregnacy was unknown or unwanted by the mother and she deliverd somewhere other than a hospital. She should have called 911 and tried to save the babies life. That is what makes it murder. Disposing of a baby like garbage. I believe DNA will tell the truth.

Saturday, Jul 19 at 5:41 PM a mommy in rolling prairie wrote ...

As a mother who had just given to my ownd daughter and living in the same town as a woman who also had just given birth and threw her baby away was so incredibly hard to handle its become such a sad story

Saturday, Jul 19 at 3:50 PM Anonymous wrote ...

How can someone kill a baby and then get away with it? How can so many people just sit back and say that she is innocent when they both got a DNA test done numerous times? She is guilty 100%. Neither one of them deserve to get away with this. Hopefully they both rot in hell.

Saturday, Jul 19 at 3:19 PM Legal Leftovers wrote ...

a note on mistrials An important exception occurs in criminal cases in the United States. If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, then the US Constitution's protection against double jeopardy bars any retrial; so the prosecution must be terminated. Source: wikipedia.org

Saturday, Jul 19 at 2:11 PM Excuse the assumpsion wrote ...

I have read a lot, make that all, of the comments over the course of the trial. I cannot comment on any post from people who may actualy be atteding the trial, but to all the others. Based on the news coverage all of the eveidence has been reported as "possibles" , the towel, the bags, the blood, none have been a definate match. I don't know whether she is guilty or not, but if I am on a jury the prosecution is not getting it done, yet. When they bring out DNA they still haven't proven life.

Saturday, Jul 19 at 12:09 PM hey wrote ...

A mistrial is a do over, not a get out jail free card. If they mistry the case, they come back later and try the case again with a different jury.

Saturday, Jul 19 at 9:58 AM just want to say wrote ...

I have known Garry my whole life and he is a little cocky...but he would not stand up and say Kathy is innocent if she wasn't...and the old lead detective(Shayna)there is no fury like a woman scorned...she could of very eaisly tampered with the evidence...she should not have been involved in this in any way because she and Garry went to school together and hung out in the same crowd...is that not a conflict of intrest???

Saturday, Jul 19 at 7:48 AM Get a grip wrote ...

joe, mi...if there is a mistrial, it DOES say a lot for our justice system, it says that people won't go to jail because they "look" guilty. It says a prosecutor can't go on a witch hunt just to put somebody in jail. It says that just b/c a bunch of people who know NOTHING about this incident want to burn Ms Phillips at the stake, if she is innocent, or if no crime was committed, nobody will get punished. I think the prosecutor should have to pay for the defense if there is a mistrial.

Saturday, Jul 19 at 7:14 AM Sosinski wrote ...

You all know an awful lot about the DNA since it hasn't even been presented yet. Do you always believe everything you read before finding out the facts. So far I don't think the prosecution has done a very good job. They never said the towel matched, they said they took it for comparison. Blood in the bathroom--you are going to find blood in any bathroom in a household with a family especially a woman. The garbage bags can be found in any household. They are pretty common. I want some real proof

Saturday, Jul 19 at 6:27 AM joe mi wrote ...

did a dr check hr to see if she had a baby you all know a dr can tell about this stuff GOD KNOWS THE TRUTH i know if it was me i would be so upset thinking someone thought i was so bad to do a thing like that

Friday, Jul 18 at 10:45 PM 9:43pm wrote ...

first off there is nothing wrong with Rolling Prairie and secondly if they have the dna evidence then it will come out soon enough, if she gets off because of a mistrial that says alot for our judicial system and law enforcement, do you really want a person like this to get away a heinous crime like this. Get real people!

Friday, Jul 18 at 10:43 PM A Mom wrote ...

This whole thing is totally ridiculous! There is DNA evidence for God sake! I hope she gets what she has coming to her! She is either very mentally ill or a monster. To me there is NO question that she is in fact guilty of dumping her baby, either alive or dead! Her husband is no better either, he had to know what was going on here!

Friday, Jul 18 at 10:33 PM Yeah...Right wrote ...

Jodi- what happened to she was never pregnant. Now all the sudden she may have lied about being pregnant and it was still born. Please. How can a mother just throw her baby out-DEAD or ALIVE?? How could she not go to the funeral or name her baby. How could she just let the community bury her baby? The DNA, the towels, the blood in the bath, the trash bags. Come on How much evidence do you need. She is sick and should not be with her two living children. I pray she does not harm them.

Friday, Jul 18 at 10:20 PM innocent wrote ...

Aren't we lucky we live in a country that believes in 'innocent until PROVEN guilty'? It seems a majority of you would have stoned her first and heard the facts later. If you want to make an educated statement about this case attend the trial and hear the arguments. So go ahead cast the first stone! I'm not willing to subject myself to that kind of judgement especially since we haven't heard any proof beyond a resonable doubt.

Friday, Jul 18 at 10:16 PM DNA wrote ...

why is it so easy for everyone to believe there really is DNA that is a postive match. Have you seen this DNA evidience??? It seems no one has. In a "show me" society you are are pretty quick to believe what you hear from the press! I guess that is until they say something you don't like. Then it's just "the press".

Friday, Jul 18 at 10:02 PM smiling??? wrote ...

all this talk about whether or not she is smiling is crazy. If she was serious or sad you would call her guilty. Because she is smiling you also call her guilty. It appears she has supportive friends trying to lighten her spirits during the worst time of her life. Has anyone ever tried to make you smile in a somber situation because they cared about you and wanted to lighten your mood. Since when does laughter prove guilt or make you a horrible person???

Friday, Jul 18 at 8:56 PM Jodi wrote ...

What happended to "innocent until proven guilty"???

Friday, Jul 18 at 7:36 PM rick wrote ...

i LOVE trash bag evidence. they have that one down to a science. i guess we know who watches court tv's the forensic files as she hid the roll of trash bags. evidence of guilt. i think she did not plan on the hubby finding the body and was going to move it later. btw rigor isn't always present when they find a body, it passes over time. there are also weather considerations to take into account. the body was decomposing rigor would have been long gone.

Friday, Jul 18 at 4:39 PM FYI wrote ...

To Cynic... by the way, I enjoyed the line "although this is rolling prairie, you never know about them country fold"... to funny.

Friday, Jul 18 at 4:25 PM FYI wrote ...

She is not pregnant now Cynic - she had another child a few months back (or maybe longer..), but at this time she is not sick - whether she is found guilty or not, you need to make sure your facts are straight before putting down comments.

Friday, Jul 18 at 4:00 PM Anon. wrote ...

She is probably nervous as heck and laughter is probably what comes out. Looots of people laugh when they are nervous...

Friday, Jul 18 at 3:34 PM Kit Kat wrote ...

They take the DNA out of the baby girl's body and take DNA from the parents - This is not doen at the crime scene...get a grip defense...

Friday, Jul 18 at 3:03 PM Cynic wrote ...

Uh, "she is crazy", hate to break this to ya, but she's married with a kid on the way, dont think she's gayin it up in the court house. Also, I think being pregnant, she probably IS sick to her stomach every morning? Curious about why the defense is making such a big deal about the gloves and contamination, its not like the police were oozing the same DNA as this family. Although it is rolling prairie, so who knows with them country folk.

Friday, Jul 18 at 3:02 PM Larry wrote ...

Get a grip..What exactly is a professional detective in your opinion? Did he attend evidence collection schools, crime scene schools, or any forensic schools? If he did then he is very well trained to collect evidence. His personal demeanor has absolutely nothing to do with collecting evidence.

Friday, Jul 18 at 2:34 PM R. wrote ...

This is going on like the democratic election. Give it up.

Friday, Jul 18 at 2:04 PM d.e. wrote ...

Does anyone else find it odd that most of the first authorities in the case are no longer involved. The lead Detective (Shanna Mireles)initially on the case retired for medical reasons (tornado flipped her car) at age 36,( it was reccommended that the county continue to pay her health insurance for an undetermined amount of time even though see is retired, one detective passed away and now the prosecutor has been replaced not to mention the first scientist doing the dna evidence gone

Friday, Jul 18 at 1:45 PM Get a grip wrote ...

Yes she is on trial for murder, but as far as I have been able to tell, there is NO VERDICT yet. And it looks like the prosecution can't even prove that the baby was born alive, which would make a murder impossible if the baby wasn't alive in the first place. I think the prosecutor's office got a little overzealous in pursuing this case. And Pat Cicero is NOT a professional detective, no matter what he tells you. He's just a local cop who likes to use his badge as an excuse to intimidate.

Friday, Jul 18 at 1:23 PM She is CRAZY wrote ...

Why in every picture she is laughing and having a gay old time? Is this a comical trial for her? If she is any kind of mother, she would be sick to her stomach!

Friday, Jul 18 at 1:20 PM AMY wrote ...

As my husband said last night when watching the news does it really matter if the baby was alive or dead when born? She obviously disposed of a human body a baby at she discarded the body as if it were nothing. Alive or dead she needs to pay for her crime.

Friday, Jul 18 at 1:15 PM la porte wrote ...

Ever consider the possibility that she is happy because she knows she is innocent? Smiling because she has nothing to hide?

Friday, Jul 18 at 1:12 PM R. wrote ...

See this is why its obvious she is guilty they are trying to pull up crap for excuses. IF the shoe fits wear it!

Friday, Jul 18 at 1:09 PM So..... wrote ...

Look even if they want to claim DNA contamination at the site, as much as it pains me to say it, dig the baby up again, and get a sample in a steril lab. My gosh they sure seem to be grasping at straws. But then again people have been set free for less !!

Friday, Jul 18 at 12:20 PM hmmm wrote ...

How fitting for her to be photographed by a trash can. And really- what is with all the smiling and laughing. She is on trial for murder. She is sick.

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