UPDATE: Geneticist testifies Kathy Phillips is the mother of Baby Jane Doe

by Nora Gathings (hsgathings@wsbt.com)

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A geneticist testified in court on Tuesday, July 22, 2008 that Garry and Kathy Phillips are the parents of Baby Jane Doe, found dead in a field next to the Phillips' home in 2006. (Photo provided)

By Beth Boehne

Story Created: Jul 22, 2008 at 11:28 AM EST

Story Updated: Jul 22, 2008 at 5:40 PM EST

LAPORTE — A geneticist told jurors Tuesday that Kathy Phillips is the mother of Baby Jane Doe. But Phillips' mother says her daughter wasn't pregnant.

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Phillips is accused of giving birth and leaving the baby in a LaPorte field near her home in 2006.

Testimony started nearly two hours late Tuesday, because Phillips’ attorney raised questions as to whether the state's geneticist qualifies as an expert when DNA results are generated by computer software.

The judge allowed the witness because she had knowledge of how the program worked.

Geneticist Dr. Arla Bush testified that DNA evidence proves Kathy and Garry Phillips are the baby's parents. Bush told the jury that the probability of Garry Phillips being the father is 99.99 percent, and the odds of Kathy being the mother are 99.9 percent.

Those were the same results listed in court documents in 2006. Yet, her family maintained then and maintains now that Kathy Phillips was never pregnant.

Phillips’ mother Marcia Ruminski told the jury Kathy Phillips was losing weight. She says she expressed concern as to how thin her daughter was getting in the winter of 2005 — just months before the newborn was found.

"Did Kathy ever indicate she was ever pregnant during April 2005 to March 2006?" the prosecutor asked Ruminski.

“No,” she replied. “My husband and I were concerned because she was losing so much weight and appeared drawn.”

But her testimony contradicts DNA evidence and previous testimony from a nurse who told jurors Phillips had a visible bump.

Jurors will see a home video later this week that the prosecution says shows a heavier Phillips.

Garry Phillips was supposed to take the stand but he requested an attorney and won't be allowed to testify until he has one. But in a meeting before the judge and attorneys, he indicated he would plead the Fifth Amendment and not testify.

Stay with WSBT News for continuing coverage of this trial.

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