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

Story Created: Jul 18, 2008 at 10:53 AM EST

Story Updated: Jul 22, 2008 at 11:30 AM EST

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.

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