Kathy Phillips’ fate in the hands of a jury

by Nora Gathings (hsgathings@wsbt.com)

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Kathy Phillips on trial in LaPorte County

Kathy Phillips waits outside the courtroom on Wednesday, July 23, 2008. (WSBT photo)

By Beth Boehne

Story Created: Jul 23, 2008 at 5:32 PM EST

Story Updated: Jul 23, 2008 at 10:47 PM EST

LAPORTE — A jury was deliberating late Wednesday night to decide if a local woman is guilty of killing a newborn baby.

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Kathy Phillips' husband found the baby in a field next to their LaPorte County home in March 2006.

Prosecutors claim the baby was Kathy's, but she and her family say she was never pregnant. Phillips was charged with murder and neglect of a dependent.

Closing arguments ended Wednesday evening and the case was handed to the jury. Phillips, her lawyer and the prosecutor were called back to the courthouse just before 10 p.m. LaPorte time (11 p.m. South Bend time).

The jury was told they have to find beyond a reasonable doubt that the baby was born alive. That's because the defense asked for a dismissal on the grounds that not even the doctor who performed the autopsy could determine a cause of death.

The judge didn't have the jurisdiction to throw out the trial because evidence was already presented. Now, the jury is using circumstantial evidence to decide Phillips’ fate.

For two years, Kathy Phillips and her family have denied a pregnancy. Phillips’ first denial came during a police interview on March 12, 2006 — the day her husband found the baby.

Police: "Do you know anyone or a relative who could have been pregnant?"
Phillips: "No."
Police: "You have not been pregnant recently?"
Phillips: "No."

Her husband Garry denied it later that year, and her mother denied it again Tuesday.

But an expert says DNA evidence proves the odds of Garry and Kathy being the parents are 99.99 percent. A nurse also told jurors Phillips appeared pregnant.

"Hiding the pregnancy is evidence of intent, intent to never let the child live,” said LaPorte County Deputy Prosecutor Jennifer Evans in closing arguments.

Neither Garry or Kathy Phillips ever took the stand, and the defense called no witnesses.

In closing arguments, the defense reminded jurors the baby's cause of death is unknown.

"I ask you to assume the best, not the worst, of Kathy until the state has proved their case beyond a reasonable doubt,” her attorney Rich Cook said.

The judge also pointed out to jurors that the state must prove the baby was born alive in order for the crimes of murder and neglect to have occurred. Phillips cannot be found guilty on a lesser charge during this trial.

Reporter Nora Gathings has been in the courtroom for the entire trial. Stay tuned to WSBT News and WSBT.com for details of the verdict as soon as it is announced.

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