UPDATE: Defense rests without calling a witness in LaPorte murder trial

by Nora Gathings (hsgathings@wsbt.com)

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In court on Wednesday, July 23, 2008, jurors were shown a home video of Kathy Phillips with her daughter Ella, then 2 years old. Prosecutors say the video shows evidence Phillips was pregnant. (Photo provided)

By Beth Boehne

Story Created: Jul 23, 2008 at 10:57 AM EST

Story Updated: Jul 23, 2008 at 1:58 PM EST

LAPORTE — The defense rested its case without calling any witnesses in the Kathy Phillips murder trial. The prosecution finished its case earlier Wednesday after about a week of testimony, and the defense was expected to call three witnesses. Closing arguments will now begin.

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Kathy Phillips is on trial for murder in connection with a newborn baby found dead in a field next to her LaPorte County home in 2006.

After the prosecution rested Wednesday, the defense requested the case be dismissed, claiming the prosecution had not proved the baby was born alive.

The judge then reviewed criminal case law to see if he had the authority to dismiss the case since testimony had already taken place. Just before 2 p.m. Wednesday he announced the case would continue.

Wednesday morning, jurors were shown a home video of the Phillips family. The prosecutor says it shows Kathy Phillips’ midsection getting larger — evidence of a pregnancy.

During Tuesday’s testimony, Phillips' mother denied Kathy Phillips was pregnant.

In the home video shot by Garry, jurors saw Phillips playing with her giggling daughter Ella, then 2 years old. Kisses were exchanged between mother and daughter.

It was the first time jurors showed emotion in the courtroom. They were smiling, nodding along to music in the video. Kathy Phillips had a similar reaction as she watched the video.

There was discussion Wednesday morning about Garry testifying. He does have a public defender, but the defender says he cannot council Garry about whether to take the Fifth Amendment until he sees the prosecution's evidence.

Reporter Nora Gathings is in the courtroom and will have details of this afternoon's testimony on WSBT News at 5 p.m. and 6 p.m.

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