Defense picks apart case as LaPorte murder trial continuesby Nora Gathings (hsgathings@wsbt.com)
Kathy Phillips stands outside the courtroom on Monday, July 21, 2008. She is on trial for the murder of a newborn found in a field outside her LaPorte County home. (WSBT photo) LAPORTE — A key piece of evidence in the murder of a newborn baby is under fire in a LaPorte courtroom. Kathy Phillips' lawyer is questioning the DNA. The defense picked up Monday where it left off Friday, working to raise questions about the handling of evidence. Multimedia Phillips is accused of giving birth in 2006 and leaving her baby in a field near her LaPorte home. Police have testified blood was found in a bathroom at the Phillips' home, but say they don't know where it came from. The chemical used to pick up traces of blood is very sensitive. Police say a nick from shaving, menstrual blood or animal blood would create a positive result. Police performed blood tests on the Phillips’ bathroom on two separate occasions. Last week, lead detective Patrick Cicero told jurors the test got positive results on the sink, bathtub, faucet and water handles both times. Monday morning, the defense asked Cicero how reliable the tests were to identify the source of blood. "It can’t tell you when it was placed there?" the defense asked. “Yes [that's correct],” Cicero replied. "It can’t tell you how long it was there?" the defense asked. “Yes [that's correct],” Cicero said. "It can’t tell you where it came from?" the defense asked. “Yes [that's correct],” replied Cicero again. Again, the defense brought up the issue of possible contamination. The detective who did the initial investigation and collected DNA samples died earlier this year, so the prosecution is having to reconstruct the events using police logs and testimony from other officers about protocol. Contamination concerns from Phillips’ attorney almost led the court to have Baby Jane Doe's body exhumed. The defense decided against it. But the detective's death has left holes in the state's story. On Friday, Cicero told jurors what police wore at the crime scene "is a moot point in this case because there was no contamination." "You can provide the jury with no direct knowledge of how the scene was handled ... you can provide the jury with no direct knowledge of how the baby was handled?" the defense asked. "That is correct,” replied Cicero. LaPorte County Detective Larry Biggs responded to the scene first, but his death now has police relying on reports to reconstruct the investigation. A paramedic report says they were "waiting for investigators to arrive ... and were told to clear the scene." Phillips’ attorney asked whether moving the baby and taking her out of the garbage bag would change the crime scene. Cicero didn't respond. Nor could he confirm the Phillips’ DNA samples weren't contaminated during transport. But the DNA analyst testified there was no contamination. "In a case I would have contamination, I would see indication of two people in the sample … [contamination] would not take away information. It would only give additional information,” testified DNA analyst Nicole Ihna. Stay with WSBT News for continuing coverage of this trial. Tuesday, Jul 22 at 1:20 PM JACKIE wrote ...hey as a matter of fact I have been to a murder trial when my school teacher was murdered 40 yrs ago and the two men that were on trial I never seen crack a smile so theres the answer to your QUESTION anymore stupid questions Tuesday, Jul 22 at 12:28 PM Annoyed wrote ...I would not want one of you on my jury... Don't you think the husband knew if she was pregnant ? How many of you Men have giver birth ? I don't know about you, but the last thing I would of physically been able to do would be to get up , go to the attic, wrap the poor child up and then walk (how far ? )to hide it ... If !!!this is what happened she did not act alone ... Tuesday, Jul 22 at 12:18 PM R. wrote ...I am starting to think that all of her friends who are sticking up for her were in on it and just as wacko as she is. What its ok now because the baby never took a breath so she can go throw it in the back yard like a peace of trash. Shame on all of you! How many children have you thrown out after birth maybe they should investigate her friends too and see how many dead babies they left in their back yard. Sick Freaks! Tuesday, Jul 22 at 12:00 PM R. wrote ...When I first heard about the blood the first thing that came to mind was that she was going to say she cut herself shaving.. Maybe they need a psychic on the case. lol Tuesday, Jul 22 at 10:25 AM curious wrote ...Doesn't anyone find it strange that the court set her bond at $5,000? Tuesday, Jul 22 at 10:03 AM Tired of you wrote ...Soooo, Sosinski, how are you related to this sick, guilty woman? Or are you her partner in crime? Because, you are obviously playing along with her game. We are sticking to the facts! I say dig up the infant to once AGAIN prove with DNA this is hers and her husbands poor dead baby! Tuesday, Jul 22 at 9:39 AM WOW wrote ...Sosinski: Boy I hope your not related to Jim. Anyhow, as the prosecutor suggested, dig up the baby and redo the DNA in a controlled-sterile environment. If and when it comes back as showing they are the parents, then nobody can dispute it a second time. Tuesday, Jul 22 at 9:11 AM Sosinski wrote ...For all who know so much--were you standing there when Biggs did the DNA? Why hasn't the prosecution called all of you know it alls? You all seem to know more than the investigators and the prosecution. Without Biggs testimony you will never know how the DNA was collected or if it was tampered with. I sure hope this never happens to anyone of you even though you probably deserve it since you know how and what you would do. Stick to the FACTS not your own opinions. Your opinion means nothing. Tuesday, Jul 22 at 9:06 AM Mama5 wrote ...If they were the parents why did they report finding the baby? That does not make sense. I would bet that Garry is the father but that a close relative of Kathy is the mother. I am also betting that the mother also placed the baby on the property to get back at Garry. Tuesday, Jul 22 at 7:44 AM Joe wrote ...Ah, isn't rather hypocritical to continue to say Abortion is legal? Tuesday, Jul 22 at 7:38 AM WOW wrote ...As posted in todays newspaper: As the prosecutor suggested, they can exhume the baby and retest DNA. The defense says "NO" and it would be inappropriate because he's spent weeks working on this case. The defense it calling everyone at the scene "bumbling idiots" except for the deceased detective who as passed away. Retest the DNA I say, it can finally put to rest whether she was the mother or not. What will the defense say then? Tuesday, Jul 22 at 7:26 AM WOW wrote ...LP County: We may all have lied about something at some point in our lives, but not as stupid as this. DNA shows not one but both of them as the parents, you can't hide that fact can you? If you are a female, would you go this far as to hide a pregnancy and toss your dead baby in a field? I sure as h*** not. Whether or not this baby was alive when born, it still deserved better than what she got. Get real!!!! Tuesday, Jul 22 at 6:05 AM she neds to rot in h--- wrote ...this women since jury selection all you see is her smiling like nothing lady you should rot in a jail cell ...but cince your in indiana you will get 4yrs 2suspended -1yr for good behavior and do only 6months... Tuesday, Jul 22 at 3:23 AM n/a wrote ...By not allowing or helping the baby take a breath...doesn't that account for anything? Or was it still born? If so she still left it out in the cold for bugs and animals to get...thats inhumane... Tuesday, Jul 22 at 2:32 AM Carla wrote ...Not only does the baby have her DNA. Dad also tests positive to be the father! The odds of these people not being the parents are in the trillions! Tuesday, Jul 22 at 1:47 AM C&C wrote ...This is not a murder trial.She didn'y kill the baby. The baby was already dead. Stupid courts, Just another way for them to make money off of someone. Tuesday, Jul 22 at 12:37 AM MM wrote ...i don't know if she's innocent or guilty. i think she's guilty but the police sound like they screwed up so if that continues to come out she has to be found innocent. Tuesday, Jul 22 at 12:37 AM Justice !! wrote ...OK online Lawyers, how can the "defense" decide against exuming the body? Should this not be a prosecution decision to get past this contaminated DNA BS..??? Man she is SO GUILTY... but I'm sure before it's all said and done, she will wig out in court and get diagnosed as CRAZY !! Post Pardom Depression ?? LOCK HER UP !! OH and her husband too, any man who doesn't realize his wife is pregnant is just as guilty. Monday, Jul 21 at 9:24 PM Rick wrote ...i would like to point out that they can't prove if the baby took a breath or not are do to the actions of the defendent. the baby was in a somewhat advanced state of decomposition. you can't blame the forensic people for that. cord around the neck. trash bags in the attick. that baby was alive. she hid the pregnancy. THINK! Monday, Jul 21 at 9:21 PM Rick wrote ...marty wrote the best thing i have seen here, other than my own observations of course. kudos marty for your spot on style! Monday, Jul 21 at 9:18 PM Rick wrote ...hey Really? i watch court tv and have seen a lot of people on trial. not only is this woman guilty but she is psychotic.she is in complete denial and thinks that SHE is the victim. if her husband had not found the body she would have moved it so that it would never have been found. this case is str8 off of the forensic files. if people had known she had given birth then there would have been a kidnapping. bet her husband wanted a boy. Monday, Jul 21 at 7:58 PM Yeah...Right wrote ...Oh Sosinski- Give it up. ONLY a sick mental case like Kathy would be smiling at a murder trial of an infant. She has no reason to smile. She just loves the attention she is getting. First she was never pregnant, now she may have been. The DNA matches both Kathy and Garry. The trash bags, the towels. WAKE UP. Were you born in a box. Do you have any COMMON SENSE? I wonder now that she is "starting" to admit it is her baby- will she name her or does Baby Jane just need "Phillips" added to the stone Monday, Jul 21 at 7:20 PM LP County wrote ...My earlier post got messed up-it should read I hope that none of you-especially WOW-have ever LIED. Makes a little more sense that way. Monday, Jul 21 at 7:18 PM Really?? wrote ...OK, Jackie, how many people have you seen on trial for murder? You certainly sound like a human behavior expert. Until any one of us is in those shoes (and I pray I never am) we have no right to judge her. I'm glad our community is filled with so many righteous, upstanding citizens as witnessed on this comment board. I certainly hope that if Ms Phillips is innocent, she has a field day suing all those idiot at the prosecutors and sheriff's offices. Monday, Jul 21 at 7:12 PM JACKIE wrote ...I sure hope she gets her punishment because I have never seen such a happy person facing murder charges shes WACKED OUT Monday, Jul 21 at 6:56 PM Sosinski wrote ...You do not have the right to say how she should look or what she should say/act until you have walked in her shoes. And try to get the FACTS right. You only know the full extent of things if you are sitting in the courtroom. Monday, Jul 21 at 6:36 PM Can't stand that excuse wrote ...I completely disagree with Not Guilty 5:08. They wrote "This babies death is not murder because it never took a breath". Absolutely wrong!! Had someone called 911 during this delivery they would have instructed on how to get a baby breathing, clearing airway, chest rubbing,and rescue breathing. Not to mention they would have had paramedics in route with oxygen. In this case one poor baby was brought into this world with no chance of a breath, a cry, a life. Jury will see this and convict. Murder Monday, Jul 21 at 6:36 PM rick wrote ...the evidence: dna proves baby is hers; body found on her property; trash bags found in attic match the bag the body was in; large amount of blood in the bathroom (cleaning ruins the dna but blood still shows); all the lies. verdict, guilty. it cannot be anyone else, there is no reasonable doubt. blaming crime scene techs is hooey. Monday, Jul 21 at 6:24 PM LP County wrote ...I certainly hope none of you-especially WOW-have ever Apparently that makes you guilty of murder too, by your logic. I think there will be a mistrial declared; this case will never go to jury. Whoever said there is strong evidence is delusional-WHAT strong evidence? There is no proof the baby ever took a breath, no proof whose blood is in the bathroom, how/when it was there...THAT'S strong evidence? Beam me up Scotty, there really IS no intelligent life down here. Monday, Jul 21 at 6:19 PM interested party wrote ..."Not guilty," you are sadly misinformed. The pathologist did NOT say that the baby had never taken a breath. He said he couldn't tell. BIG difference. He also placed the baby at four days old at the time of death. Pretty tough to live for four days without breathing. Monday, Jul 21 at 5:08 PM Not guilty wrote ...The case will not likely make the jury (and should not). Whether or not the baby was hers, the lead pathologist on the case has testified it never took a breath. Unfortunately, this baby was improperly placed, but this is not a case of murder. This is not a case where someone laid a baby born alive to freeze to death, the evidence from the coroner does not show hypothermia as a cause of death, but rather it is unknown. Remember - after careful examination, this baby never took a breath. Monday, Jul 21 at 4:58 PM WOW wrote ...Regardless, the DNA shows she is the mother. She has denied ever having had this child, now the defense is pushing toward the baby was never alive. Doesn't matter, she lied when she said she never had this child. This child was thrown away like a small bag of trash. SHAME ON HER!! Either way, that child needed a proper burial. Thank goodness LaPorte County did give her a burial. Monday, Jul 21 at 4:22 PM Also agree with smiley! wrote ...I also agree. Every single picture of her, she is smiling. I find that very odd. Because, even if she is innocent. A precious little baby is dead. A little child that had absolutely no chance at life. That is very sad. Monday, Jul 21 at 4:21 PM Marty wrote ...Hi people, me again. I just HAVE to comment on this gorgeous, peppy lil gal. She's just full of spunk isnt she! I think we can all learn a little lesson here. She may be mentally ill woman who killed her own baby, but hey, she's smilin on through, what a trooper. And clotheswise, man-o-man can this girl work the black and white numbers. Lil sketchy on her shoe choices, but a nice smile and good tan goes a long way to getting this little cutie a big bag of forgiveness from me! Monday, Jul 21 at 4:09 PM Proud to be a Mom wrote ...I think she is smiling on purpose so that she looks innocent, like "if I smile' people will think that I don't have any guilt or remorse because I didn't do it". Unfortunately, blood in a bathroom doesn't mean much either...could have been a bad nose bleed or such. I DO believe that she has to be guilty with the positive DNA, how could she not be??? Sick people in this world! God blees the poor innocent baby. Monday, Jul 21 at 3:58 PM MI Res wrote ...Regardless of the blood in the bathroom, the DNA tests FROM THE BABY confirm that the baby was hers. That's all that matters. Either she had the baby and harmed it or had it stillborn, disposed of the baby. Ditto on the smiling?? What's wrong with her? Monday, Jul 21 at 3:57 PM DeDe wrote ...If I were on trial for murder I would not be smiling at all, even if I thought I would be found not guilty. There would definitely be no reason to smile. This is a serious matter even if she is not guilty. Not a time to be smiling. Monday, Jul 21 at 3:54 PM NA wrote ...I hope she fries, i know they say innocent till proven guilty but come on look at the DNA on this and the poor little baby was found on her property and has her DNA. Monday, Jul 21 at 3:46 PM Roger wrote ...she's smiling because!! she knows she is innocent!! LaPorte police will arrest anyone they are so stupid. Wait for the DNA to come back. Monday, Jul 21 at 3:28 PM Not gonna say. wrote ...I agree that it is very unfortunate that this trial has been delayed 3 times already.and some of the lead investigators have been removed from the situation.This I think could do some damage to our prosecution.I just hope that the rest of the case is handled with care and the strong evidence they do have is used in the correct procedure.This baby and a lot of folks from our town need closure. Monday, Jul 21 at 3:14 PM LP County wrote ...What would Shayna Mireles say? More of the same-yes, we have blood evidence, but we don't know whose it is, when it got there, or how it got there? That we didn't arrest anybody for seven months, eliminating a lot of exams that could/should have been done to determine guilt or innocence? That we're LP county police, and we don't know S--- about doing a proper investigation? I don't think the prosecution needs to call more "expert" police witnesses; Cicero is as good as it gets around here Monday, Jul 21 at 2:54 PM MOM wrote ...Unfortunately the senior detective who handled the case passed away from cancer. Detective Mireles is still around to testify. Monday, Jul 21 at 2:30 PM roy wrote ...Does it occur to you that the media only displays the pictures of her smiling. If she did this i hope she fries but this case sounds fishy to me. Monday, Jul 21 at 1:55 PM Agree with Smiley wrote ...I was just going to come on here and make the same point. Every time she is shown either on TV or on the website, she is grinning from ear to ear. She is ENJOYING this attention. She makes me sick and I hope she is punished to the fullest extent of the law. Monday, Jul 21 at 1:43 PM Smiley wrote ...What is she so happy about? She is on trial for murder....Put her away for good. Monday, Jul 21 at 1:16 PM Doubtful wrote ...Not only the lead detective but Detective Mireles, the prosecutor, and the first person to do the DNA are all gone from this case. Somethings not right here. Add a comment |
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Tuesday, Jul 22 at 4:29 PM Linda wrote ...
You can all say whatever because we are here to speak out minds. My only view is what difference does it make if the baby was alive or stillborn. Dropping a baby off in a field either way is horrific. It is wrong wrong wrong. Something is wrong with that woman. Very wrong.