Jury finds Kathy Phillips not guilty on all counts

by Nora Gathings (hsgathings@wsbt.com)

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Kathy Phillips trial

Kathy Phillips (center) leaves the courthouse with her husband and other supporters after being found not guilty of murder and neglect of a dependent. (WSBT photo)

By Jim Pinkerton

LAPORTE — After several hours of deliberations, jurors found Kathy Phillips not guilty on all counts early Thursday morning. The verdict was read at 1:15 a.m. LaPorte time.

Phillips was charged with murder and neglect after a newborn baby was found in a field near her LaPorte County home in 2006. Her husband Garry found the baby in trash bag.

Phillips and her husband did not comment as they left the courthouse Thursday morning. But Kathy's mother, Marcia Ruminski, said throughout the trial her daughter has been "crucified." She maintained her daughter was never pregnant before the baby was found, and said police did not do a proper investigation.

"I don't care what anybody says," Ruminski told WSBT. "They falsified a lot of this stuff to get to the means that they wanted to get to."

Prosecutor Jennifer Evans said she was disappointed by the outcome, but acknowledged it was a difficult case.

"The inconclusiveness of the cause of death was seriously an obstacle," said Evans.

Evans also said the state was looking to find justice for the dead baby.

"That's the job ultimately of the jury to make a decision, and they did," Evans told WSBT.

It appeared to be a difficult case for the jurors, too. Just before 11 p.m., they told the judge they had reached a verdict on the murder count, but not on the neglect count.

The judge did not ask the jury to reveal the verdict they had reached. Instead, he allowed jurors to walk around the courthouse and asked them to return to deliberations.

At 12:15 a.m., the judge re-read some instructions to the jury. About 25 minutes later, he sent them back to the jury room to continue deliberations. They had been deliberating since 4:35 p.m. Wednesday afternoon.

The prosecution’s case began July 16 with graphic pictures of the dead baby. Over the next week, police testified about what they found at the crime scene and how they handled the evidence. The lead detective told the jury they found evidence of blood in the Phillips’ bathroom.

A geneticist testified DNA proves Kathy and Garry Phillips are the baby's parents. A nurse and acquaintance of Kathy Phillips also testified that she appeared pregnant in the months before the baby was found.

Wednesday morning, jurors were shown a home video of the Phillips family, which the prosecution claimed showed evidence Kathy Phillips was pregnant.

That contradicted Tuesday’s testimony by Kathy Phillips’ mother, who said her daughter was never pregnant.

The judge instructed the jury they needed 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. The jury used circumstantial evidence to decide Phillips’ fate.

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.

Friday, Jul 25 at 6:10 PM Berrien County Observer wrote ...

I believe I am a fairly intelligent person...as 10:13 Mom wrote, I understand that she can't have the EXACT SAME charges brought against her, but it is as simple as changing a charge from Murder 1 to Murder 2, or to Negligent Homicide, or some such other charge. Eventually, if there is enough evidence found, she should be retried. If the evidence isn't there, then it just isn't there.Unfortunately, sometimes people do, literally, get away with murder. I hope that isn't the case here.

Friday, Jul 25 at 1:58 PM Anonymous wrote ...

I can understand being found not guilty of murder due to the lack of evidence (other than it being blatently obvious she is guilty mind you), but how is she not guilty of neglect. That just plain baffles me. And to the people sounding off in here defending this woman, are you serious? She is at the very least guilty of throwing HER baby in a trash bag and hiding it in the woods. How you can defend her is beyond me. But then again white trash does travel in herds.

Friday, Jul 25 at 12:01 PM Floyd wrote ...

She went thru the system and was found inncent, Leave her be!! She is the only one that has to live with this not me, i'm fine with it. NEXT!!!

Friday, Jul 25 at 11:22 AM SB citizen wrote ...

"Beyond a reasonable doubt"...It is "reasonable" to conclude that she was up to no good when she chose to dispose of her infant in such a manner.

Thursday, Jul 24 at 11:24 PM Yeah...Right wrote ...

How tragic that she was not convicted of MURDER. Let's see if they take responsibility for this baby and give her a name. Low life scum won't. I do believe most of the community knows she is a MURDERER and had planned on it from day one hence hiding the pregnancy. I do believe Ella will be the one to pay for it by remarks made by other children. She will not have any friends because who is going to let their child go play at a MURDERS home? There is a place in hell reserved for Kathy. PSYCHO

Thursday, Jul 24 at 11:14 PM Saddened wrote ...

Even if this baby was stillborn, how in God's name could a parent throw the baby into a trash bag and throw her into the woods like discarded trash?

Thursday, Jul 24 at 10:19 PM Wondering wrote ...

Anyone else wondering something.. no mention of her giving birth last year in or around october when she was due. the pictures they show with her on tv with a girl can't be that lil baby she was due with last october because that child is too old. I have an october 2007 baby. So where is that child?? Babies born with cords around the neck can survive if THE PARENTS get the help required. Anyone else also wonder if maybe She was cheating and wasnt sure who the father was until the D.N.A.

Thursday, Jul 24 at 9:18 PM rprairie resident wrote ...

2 juror that spoke I great respect4 yr decision-u did what was expected of u-its truly sick that kathy,gl,marcia have no respect4 baby girl but 2 jurors were in tears over a decision that had 2 make. its still makes me sick how Kathy was just all smiles from day1 of the trial-I really feel sorry for Ella when she starts school-kathy&gl u arent paying for this crime-but Ella will on the 1st day school.GL when r u filing your lawsuit u kept talking bout!!

Thursday, Jul 24 at 8:43 PM ONLY ONE PERSON'S OPINION wrote ...

After, following this story. The only conclusion I come to is that the husband did not know she was pregnant and I don't believe he had anything to do with this. I think the wife probably had an affair and believed the baby was not her husband and when DNA came back it was his. He really looks upset to me. I am a mother of 5 and my heart breaks for this baby.

Thursday, Jul 24 at 8:19 PM GENE wrote ...

I THINK THEY SHOULD BLAME THE PROSECUTER FOR TAKING THIS TO TRIAL WITHOUT CONCRETE PROOF BECAUSE NOW BABY JANE WILL NEVER HAVE HER DAY BECAUSE SHE CAN'T BE TRIED AGAIN. WHAT A TRVESTY FOR THE BABY.

Thursday, Jul 24 at 6:55 PM anonOmus wrote ...

You people all don't seem to get it. The prosecution could not prove the baby was alive when born. So, the jury couldn't say it was murdered and had to give a not guilty verdict. try understanding what you read!!!!

Thursday, Jul 24 at 6:25 PM JACKIE wrote ...

NOT ONLY DID KATHY LET BABY JANE DOWN BUT SO DID THE JURY I FIND THIS VERY DEGRADING THIS IS WHY BAD PEOPLE DO THE THINGS THEY DO.BECAUSE THEY END UP WALKING AWAY FREE.....

Thursday, Jul 24 at 6:21 PM Disbelief wrote ...

Anything goes in America nowadays. Do what you like. If you're caught some slick lawyer, air-headed jury or shoddy police work will get you off. What's DNA, Bunky. Oh I dunno, ain't it that Polish club in South Bend? Justice denied in so many cases and so much evil...OJ, Osco, Severns...bet Pelley will walk soon. Also, bet this persecuted smiler will come out smellin' like a millionaire after the lawsuits are all over.

Thursday, Jul 24 at 6:16 PM South Bend Mom wrote ...

Now she can procreate again and kill another baby.

Thursday, Jul 24 at 6:10 PM To Caroljean wrote ...

So, you are brutally raped. The rapist is provided an alibi by his family and friends. His face is burned into your memory forever. You have id'd him in a lineup. Rape kit testing provides a 99.99% probability that the person you id'd is the rapist. But, since it is not 100%, he walks. I understand (but don't accept) the technicalities of the verdict. I don't understand how family and friends can dispute the DNA evidence. Denial is just a politically correct term for STUPID.

Thursday, Jul 24 at 6:01 PM jackie wrote ...

unbeleible what is wrong with our court system i am in disbeleif

Thursday, Jul 24 at 5:52 PM Marie Koontz wrote ...

It just seems wrong that the baby was not given a decent burial. Even if they couldn't prove the baby was alive, it should be a crime to "dispose" of a baby in a garbage bag!

Thursday, Jul 24 at 5:48 PM A Mother wrote ...

Wow, seeing her smile makes my skin crawl. If she could put her own little baby in a trash bag what will she do next?

Thursday, Jul 24 at 5:31 PM anonymous wrote ...

I can't believe how many people think these comment sections actually mean anything. I bet few of the people who post here actually vote or avoid jury duty given the chance.

Thursday, Jul 24 at 5:24 PM Ncarlisle resident wrote ...

Darla Mitchell juror that spoke on 5pm news I have nothing but respect for u-u did exactly what u have 2 do when u serve as a juror its truly a shame she couldnt have been found guilty.Kathy's mother i understand why u believe her she's yr daughter but maybe u should have said 2 Kathy show respect in the court room-GL u dont show up 2 a court of law in shorts!!! a complete lack of RESPECT!Its a shame thatGL/Kathy &family r only thking of themselves instead of a baby left in a garage bag.

Thursday, Jul 24 at 4:56 PM Fanboy wrote ...

This only proves one thing. It pays to be an absolute hottie. Yum!

Thursday, Jul 24 at 4:51 PM Kathy Blabby wrote ...

This entire saga would make it on a radio talk show. Another decision that was surprising. She has to live with this.

Thursday, Jul 24 at 4:35 PM Lisa wrote ...

This woman should be forced to have a complete hysterectomy so she can NEVER have children. She obviously doesn't know what it means to love a child and shouldn't ever be given the right to bear children!! She is pathetic. I can only hope and pray she gets what's coming to her. Furthermore, I hope she sees that poor baby girls face every time she closes her eyes. Pathetic, she is. To the devil with this lady!

Thursday, Jul 24 at 4:21 PM Karen wrote ...

What really gets to me is that this poor innocent child has no parents that will claim her. It makes me so sick to my stomach. They both will get their due...they will have to explain it to their Maker.

Thursday, Jul 24 at 4:01 PM heard it all wrote ...

Kathy,Why deny your child? Why Not call 911? Why not give your baby a funeral? Who in the world puts a baby in a garbage bag, for any reason? Kathy Phillips is a real Mental case and should not have custody of any child. Her Mother is a real nut case too! Says Kathy was NEVER pregant... And still says she knew all along Kathy wasn't pregnant.OH, give me a break! DNA... and her mother still says Kathy was never pregnant!!!! What a joke!!!!!!

Thursday, Jul 24 at 3:55 PM Anonymous wrote ...

I just want know how she can smile and laugh knowing this is a trial for a baby that was killed. She is a sick person and if I lived in that community I would let her know she sucks!! I hope she is reading each and every one of these comments. She is a bad, bad, bad person. She knows that is her child.

Thursday, Jul 24 at 3:53 PM edwards wrote ...

So she was found not guilty for the murder of the poor baby but will new charges be filed against the both of them for disposing of a body improperly? They were proved to be 99.99% the parents. I really hope the system doesn't fail this poor child that didn't have a chance at life. And I hope every night for the rest of their lives they have nightmares for what they did.

Thursday, Jul 24 at 3:51 PM Angry at idiots wrote ...

DNA DNA DNA! Get it right, people. This is not a case of DNA matching. It was a murder/neglect case. The defense didn't even present evidence or a witness. And if they had, I can almost guarantee that it would not have started with fighting the DNA evidence. That would have been the icing on the cake. It would have dealt with providing evidence against the actual charges. I hope that you are never accused of something that you didn't do and try to show evidence that it never happened.

Thursday, Jul 24 at 3:30 PM Chris wrote ...

Unfortunately the DA didn't charge her with disposing of a body and murder. That way, if she was found not guilty of murder, she could be convicted of the disposing of the body count. I understand why she was found not guilty of murder but maybe now they can charge her with getting rid of the body.

Thursday, Jul 24 at 3:20 PM Anonymous wrote ...

To answer the question how the jury can ignore DNA evidence is simple: no conclusive evidence that the baby was alive at the time of being placed in the location. It's called reasonable doubt. And even though I think she did do something "wrong," I could not in good conscience vote guilty based on the lack of evidence proving the baby was alive at the time of birth. Our judicial system is not the only judge... God is as well.

Thursday, Jul 24 at 3:13 PM Anonymous wrote ...

To 1:00 PM Hmmm: How do you know that they DIDN'T have their own testing done? They never needed to even put ONE witness on the stand to add to their case. All the defense had to do was poke holes in the in the evidence provided by the state.

Thursday, Jul 24 at 3:00 PM knowing you makes this even more sick!! wrote ...

Kathy, why don't you do yourself a favor and tell the truth now. You can't be tried twice! I am not saying you murdered the innocent baby girl but please, please, Admit the baby was yours, let her rest! Let us know that you are human. Just admit that you, your husband and your mother knew and helped you with the whole thing. LUCK is what you have! I think all of us mothers know that you cannot deliver a baby on your own!!!!!

Thursday, Jul 24 at 2:48 PM sick to my stomach wrote ...

99.99% that they are the parents and the jury can't find her guilty. If one of those jurors got pregnant and filed for support she would get it. Pay for the child that lives,pay nothing for the one you kill. May God have mercy on your souls. I don't know how you people can sleep at night,that means thePhillips' and the jury. The husband is just as guilty as she is, if you sleep with a woman you know if she is pregnant or not. He must be a real piece of crap.

Thursday, Jul 24 at 2:21 PM anon wrote ...

I hope these two live the rest of their sick lives having that baby's face in their every dream and nightmare and i think people should watch very closely to how the other children are taken care of or one of those may end up being found dead! Remember their other children will always be a constent reminder of that dead baby!!!!

Thursday, Jul 24 at 2:19 PM miss m wrote ...

How can a jury ignore DNA evidence? Unbelievable! This may be the result of ignoring science teaching in our schools. We are getting further and further behind the rest of the world. Maybe it's a result of people refusing to belive God could have created the world through evolution ... so they consider all science to be lies. Ignorance won again. That poor woman is now free to have and abandon yet another baby.

Thursday, Jul 24 at 2:07 PM K wrote ...

SHE GOT AWAY WITH MURDER. I WILL GO VISIT BABY JANE DOE'S GRAVE TODAY AND WILL BRING HER SOME FLOWERS AND SAY A PRAYER. RIP BABY JANE.

Thursday, Jul 24 at 2:03 PM Melissa S wrote ...

I also agree w/ Michigan am-I also heard the same thing GL running his mouth bout lawsuit.I wish GL would have testified all the attorney would have to ask GL what time is it in New Carlisle and what time is in Michigan City-GL NEVER WAS ABLE TO FIQURE OUT THE TIME DIFFERENCE-he's not the smastest bulb in the box!!!Even if that baby wsnt their out of respect u still go to the funeral-A COMPLETE LACK OF RESPECT!!!!!!!!

Thursday, Jul 24 at 2:02 PM Anonymous wrote ...

She will never admit to disposing her baby like a piece of trash. Even if the baby was stillborn, why throw her away? She is crazy and karma will come back and haunt her alive!

Thursday, Jul 24 at 1:55 PM amy wrote ...

I dont understand how diposing of a body in the fashion that they did is not a crime, I understand they could not prove that the baby was born dead or alive, but to dipose of an infant like that and not get punished. It makes me sick to my stomach.

Thursday, Jul 24 at 1:54 PM Karen wrote ...

I understand reasonable doubt as far as was the baby alive or dean when born.....but what should the charges have been....clearly this was their baby..wasn't soemething she did against the law??? If he really didn't know anything about this (and I don't think he did) how does their marriage survive??

Thursday, Jul 24 at 1:51 PM melissa s wrote ...

I've known GL for a long time but havent seen him in 6yrs-regardless of Kathy being found not guilty this was a serious matter U DONT WALK INTO A COURT ROOM ALL SMILES!!!Its called having respect for an infant left inside a garage bag being buried with NO NAME. She certainly shouldnt have been in the court room w/ all her friends holding up little fans w/ smiley faces then having a photo taken w/ her friends!!!!Guilty or not guilty not complete lack of respect!!!

Thursday, Jul 24 at 1:48 PM Ed wrote ...

Kathy - go buy a lottery ticket because you are the luckiest person right now thanks to a lame prosecutor and brain dead jury. You did it Kathy. You got away with murdering a little child. Congrats you sick demented excuse for a human.

Thursday, Jul 24 at 1:45 PM Hmmm.... wrote ...

Angi: Maybe I am not watching this case like a hawk like some of you, but what evidence does the Garry have against him? Why should they "both" go to jail?

Thursday, Jul 24 at 1:32 PM Angie wrote ...

I am shocked that she got away with it. I feel that they should both have been put behind bars for the rest of their lives. I hope that she is happy that she got away with murder but it will come back and bite her in the behind sooner or later.

Thursday, Jul 24 at 1:31 PM 9:07 AM Justice DOES prevail wrote : wrote ...

She is not running for prosecutor - she is running for Judge... get the facts straight.

Thursday, Jul 24 at 1:30 PM ckj123 wrote ...

Ok, they couldn't convict her of murder, but DNA shows the baby belonged to her and her husband, so then how did their baby get into a trash bag and transported to a field near their home? Baby born dead or alive still doesn't take away the fact that the DNA testing proved the baby belonged to them! HELLO!! Besides that, the judicial system has no problem making people pay child support based on DNA testing! So......

Thursday, Jul 24 at 1:28 PM Becky wrote ...

Let's say the baby was stillborn and Kathy threw the poor thing in a bag to be thrown away... isn't there a punishment for that?! The baby is obviously hers. She is such a liar. Wait till she stands before God on judgement day. That is when justice will be served.

Thursday, Jul 24 at 1:10 PM a mom from Mishawaka wrote ...

I don't believe it "Not GUILTY"...what the heck is going on with the world...and she has stated also that Gary did not want anymore kids and Now she is preg. come on dont that look kinda funny, I think she was Preg and hid it cause she was afraid of him...and that is why the DNA test came out that theyboth were the Bio Parents of Baby Doe...I guess at least she is better off without them..She is up with God and they will pay for it the rest of their lifes..it is just so sad..why not adoption??

Thursday, Jul 24 at 1:00 PM Hmmm.... wrote ...

To: 10:03 POED, if the DNA "matched" because of an error or intent by the police or prosecution, then why didn't the Defense do their own tests to show otherwise? I would think you would rather have your defense be "It's not my baby " than hope for "not quilty" due to lack of evidence. That tells me they knew it was their baby. As for the verdict....prosecution should have taken their time. Seems like they went ahead with the arrest/trial before they had all their ducks in a row.

Thursday, Jul 24 at 12:49 PM Myrt wrote ...

I agree with Katie in Berrien County - the prosecutor should have been more careful when choosing what to charges to bring against her.

Thursday, Jul 24 at 12:46 PM teresa wrote ...

Why didn't they charge them with improper disposal of a body? Maybe then they would have paid for something. Even if the baby was dead when she was born, why would they not have called an ambulance right away? Why did they not want anyone to know she was pregnant? I think there are issues here we don't know about. I am sure the jury did what they felt was best, they just didn't have enough charges to work with. I feel for the jurors having to deal with this and we should not condemn them

Thursday, Jul 24 at 12:43 PM Eddie wrote ...

This is complete BS and I am outraged. Both of them were found to be 99.99% the parents of this child. She is denying it's her child because she is guilty of murder.Come on, if the child was born stillborn why would she have put it in a bag instead of going to the hospital and giving it a proper burial? It just makes me sick that she gets to go on living her life after she took the life of a innocent baby. She will get hers when she stands before God.

Thursday, Jul 24 at 12:39 PM BAS wrote ...

Is this the type of poor prosecution our tax dollars are paying for? This case was practically gift wrapped for the prosecutor and she blew it.

Thursday, Jul 24 at 12:26 PM Caroljean wrote ...

DNA is never 100% accurate. I hope Kathy is able to get on with her life now. Her mother said a lot of the things that were said in court were not accurate. I'm ashamed of you judgemental people. Pluck out the plank that's in your own eye first.

Thursday, Jul 24 at 12:26 PM Ed wrote ...

Lets look ahead 1 year from now. These 2 are divorced,the husband will turn to drugs or booze, the wife will still be in the state of denial, most likely sueing the county for wrongful prosecution. I feel sorry for there other children because they will bear this cross forever. GOD HELP THEM !

Thursday, Jul 24 at 12:20 PM dissapointed wrote ...

As a mother myself, I dont know how she could have had this child, dead or alive, and put it in a trashbag. Even if it was dead, I hope she remembers that childs little face for the rest of her forsaken life and rots in hell. She needs to move the hell out of here. Look at her face! How can she be smiling knowing that was her child that she left there!!??

Thursday, Jul 24 at 12:19 PM stickman wrote ...

The State had to prove a murder was committed before anyone could be convicted of murder. There is no proof the child was born alive or dead. It is better that it is over now instead of being overturned on appeal and putting everyone through this again.

Thursday, Jul 24 at 12:14 PM sad wrote ...

This is the same thing as abortion and women do it all the time. Your baby is alive from the moment you conceive. Whether you kill the baby right when it is born or when it is 3 months in the womb they still feel pain. I don't see how anyone could do either one of these things to these beautiful baby's. I will pray for Kathy and her family, that they might find Jesus and he will forgive her!

Thursday, Jul 24 at 11:41 AM Just Wondering wrote ...

We are not the ultimate judge and jury of this woman and have not walked in her shoes. It is debatable whether she has or will feel remorse - the smile may hide an abundance of or complete lack of feelings. Perhaps God gave her this second chance for a reason. The response it has elicited in some speaks volumes. The ripples from an ugly deed tend to carry the muddy waters forever. Pray for everyone affected that they may eventually find the peace that God has given this little baby.

Thursday, Jul 24 at 11:28 AM jen wrote ...

I think that we have way to many unsolved cases in LaPorte. Linda Weldy, Rayna Rison, Baby Jane Doe. I can't believe that DNA did not get her something. I am not saying she murdered her baby, but she knows what happened. I think that our system needs extensive training in murder scenes.

Thursday, Jul 24 at 11:27 AM Wayne wrote ...

I do know police and prosecutors usually always falsify some evidence because they are pressured by the public to make someone pay whether it's the right person or not. Though even if I was innocent I would not be smiling while on trial for murder, but only God knows the truth!

Thursday, Jul 24 at 11:14 AM anon wrote ...

Something mental has to be wrong with her and her husband. Somebody better start looking out for their other children.

Thursday, Jul 24 at 11:07 AM Furious with the Court wrote ...

The evidence was all there. The dna matched 99.9%,it was left by her house, so what does that tell you? It was her's. How could they find her not guilty? DNA doesn't lie, only people!!!

Thursday, Jul 24 at 11:07 AM Charlene Moss wrote ...

Was her belly big enough to see if she was going to have a baby? God only knows if she killed the baby, but for heavens sake, do not throw any baby in the thrash, they are little angels amongst us. So,,, please, do not discard babies like unused potato peel. God deliver us from mothers like that.

Thursday, Jul 24 at 11:03 AM loving mother wrote ...

I would like to slap that smile off her face. With the look on her husbands face he knows the truth as to what happened. At least be man enough to take what you have coming. Thank God the child did't have to endure years of mistreatment at the hands of these so called parents.

Thursday, Jul 24 at 11:01 AM Kevin wrote ...

if the video showed she was pregnant, then where is the newborn at? obvisously the prosocution should of asked that question.

Thursday, Jul 24 at 10:42 AM Bridgette wrote ...

Hey Kathy, you did this to your baby and guess what, you have to live this day forward knowing what you did. Believe me, it will haunt you in time. You are the one who knows the truth and you couldn't even be honest about that.

Thursday, Jul 24 at 10:38 AM PATI JUSTICE wrote ...

WHY DOES IT MATTER IF THE BABY WAS ALIVE OR NOT OK SO THE MURDER CHARGE IS DROPPED BUT ISNT THERE SOMETHING WRONG WITH PUTTING A BABY IN A TRASH BAG AND LEAVING IT IN THE FIELD

Thursday, Jul 24 at 10:35 AM jay wrote ...

if she was black she would have been guilty is justice blind?

Thursday, Jul 24 at 10:34 AM R. wrote ...

Get ready for an outbreak of psychotic people hiding pregnancies and disposing the babies body after its born and getting away with it because they cant prove it was ever born, now we will be finding bodies all over the place thank you so much, may GOD help us all.

Thursday, Jul 24 at 10:33 AM concern citizen wrote ...

She was found "NOT GUILTY" of the charges... that doesn't mean she is innocent!

Thursday, Jul 24 at 10:30 AM PJ wrote ...

unbelievable!!!!!!!!!!!! she will have to answer to God

Thursday, Jul 24 at 10:26 AM Disgusted wrote ...

It is not the jurors fault, I am sure they wanted to find her guilty, but couldn't disprove the doubts raised by the defense. What is horrible, is how the defense changed their story from she was never pregnant to it may be possible that she lied about not being pregnant but that the baby was stillborn. The smile on her face during the whole process was also disturbing. An innocent person would have been so scared might be raised without a mother.

Thursday, Jul 24 at 10:24 AM L wrote ...

I'd like to see the test repeated with new samples from the Phillips, and lots of witnesses when it is collected.

Thursday, Jul 24 at 10:24 AM Tim wrote ...

I get sick of people saying "the DNA matched" when they have no idea what D.N.A. is, what is stands D.N.A. for and the types of DNA out there. What DNA are we talking about Chromosomal DNA or Mitochondrial DNA? And what is a "match". You people really need to turn off "Law And Order" nd "CSI" because its not realllllllllllllll!!!!

Thursday, Jul 24 at 10:20 AM L wrote ...

"DNA -- HELLO!" ... So, a group of people who were actually in the courtroom and instructed of the law are all "idiots", and you are all-knowing. Hmm. Ok.

Thursday, Jul 24 at 10:14 AM MM wrote ...

the prosecution couldn't prove their case so she had to be found not guilty. just like oj. at least this time it's easier to prove she was guilty thanks to dna of the baby. but they couldn't prove the case to a jury of HER PEERS?! so she has to be let go.

Thursday, Jul 24 at 10:13 AM Mom wrote ...

For 7:28 AM Berrien County Observer She can not be tried for the same crime twice, if they find something else to charge her with they can but she will not be tried for muder again,

Thursday, Jul 24 at 10:13 AM L wrote ...

We need to remember she was not being charged for lying about being pregnant. The jurors are limited to what they are able to do, per the court's instructions and the evidence presented.

Thursday, Jul 24 at 10:10 AM Saddened Mother of 4 wrote ...

Well, at least everyone in our area knows the lack of character this WHOLE family possesses! DNA is DNA so the baby was theirs beyond a shadow of a doubt! Why continue the lie that Kathy was never pregnant? My heart goes out to the poor baby who was treated like a bag of garbage... rest in peace little one.

Thursday, Jul 24 at 10:03 AM POED! wrote ...

You people don't know half of the story. There are reasons that the DNA "matched" and it has everything to do with the collection process. She and her family have NO OBLIGATION to any of you to defend themselves. Get on with your lives and if you'd like to do something to provide justice, find the real parents.

Thursday, Jul 24 at 9:59 AM DNA -- HELLO! wrote ...

This is not making any sense. The DNA matched. Isn't that enough? If the child was not born alive, who would not atleast notify authorities or the hospital. With that said, its obvious they were trying to hide something. Way to go jurors - you're a bunch of idiots.

Thursday, Jul 24 at 9:58 AM Anon wrote ...

Agreed. Abortion is just a socially acceptable way of saying "murdering a baby". Because if not, i still dont understand how they can scramble a thinking human beings brain while its "in the womb" and its OK, yet if she has the baby as soon as it pops out and they scramble its brain, its the most horrible of all horrible things.... ok people... are we really that screwed up as a society? Hmm.... guess so...

Thursday, Jul 24 at 9:57 AM priscilla wrote ...

Baby Jane is now safely in the arms of God and in the end only God knows the heart of man and He will be the final judge. If people do not want children there are numerous ways to have sex without having a child you destroy in the end.

Thursday, Jul 24 at 9:43 AM Michigan AM wrote ...

This family has always felt that anything that happens to them is not their fault. They blame everyone and everything accept themselves. They are a vindictive bunch. And look at the picture of GL. He looks like he is in shock that his wife was let go. Wonder if he is thinking he will still sue for the big bucks he told everyone HE was going to get. Kathy you and GL and Marcia know what you did. How you can look in the mirror is all I'm wondering. God will get you and you know this.

Thursday, Jul 24 at 9:40 AM David wrote ...

6:01 AM JUSTISE FOR BABY JANE DOE wrote ... THERE IS A BIG DIFFERENCE BETWEEN GETTING AN "ABORTION AND PUTTING A BABY IN A BAG DEAD OR NOT. ANYBODY IN THEIR RIGHT MIND WOULD KNOW THAT." Yeah, maybe someone should explain that to the dead baby. Dead is Dead, they should both be unlawful!

Thursday, Jul 24 at 9:37 AM David wrote ...

I guess that explains to all of you why she had that smile all week long. She knew, her defense team knew. Very poor case by the prosecution.

Thursday, Jul 24 at 9:29 AM Anonymous wrote ...

Beth, I recently sat on a jury and was so impressed with the quality of the jurors. We were professional and understood our role clearly. We studied the facts presented before us. Before jury duty, I felt the same way as you. However, after serving on jury duty, I have a renewed faith in our system. My guess is the case was not a very strong case, which is why the defense did not even call a witness.

Thursday, Jul 24 at 9:26 AM Rochester native wrote ...

Jury I hope you got a good look at those pictures of that baby girl who was defenseless to protect herself cause I hope those same pictures haunt your thoughts and and dreams for the rest of your lives cause you did NOT get and justice for that baby. Did you see the pictures of Kathy leaving the courthouse? She is smiling ear to ear do you want to know why? Cause she got away with what she did to that little girl. Sleep well

Thursday, Jul 24 at 9:12 AM Kathy wrote ...

I agree with 8:44 anon. The prosecutor should have had more evidence before taking it to trial. None of the experts could say the baby ever took a breath, therefore they couldn't prove the baby was alive to be murdered. It all boils down to reasonable doubt, and that was planted in the jurys mind since the beginning. The prosecutors office really dropped the ball this time. And people, get off the jurors back. I am sure they did the best with the information they were given! Sheesh!!

Thursday, Jul 24 at 9:10 AM In Shock wrote ...

Whether this baby was born dead or alive is important, but what kind of a sick person could put a newborn in a garbage bag and throw it out.If it was born dead, why hide it?Does anyone believe that the Phillips are not the parents of this child? Being proven not guilty is not the same as being innocent.A crime against human decency occurred. Many dead dogs get a better burial than this child did.

Thursday, Jul 24 at 9:07 AM Justice DOES prevail wrote ...

I am shocked-but satisfied-that she was found not guilty. I feared there were jurors like most of you on here-minds made up, regardless of evidence. I believe Jennifer Evans is running for prosecutor this fall,let's remember this case before we vote. She had NO business prosecuting a case where cause of death or even proof of life couldn't be determined. I feel bad for the Phillips if they're going to continue living in LP county, though.People have her convicted in their minds forever.

Thursday, Jul 24 at 9:06 AM irritated wrote ...

first off, how developed was the baby? did it look to be carried full term? ok could the coroner not figure that either, why not get a second look. did she ever go to a doctor for her pregnancy or was she planning to toss it in a bag from the start. dna proved it was her child so i think they should have done a little more research before unlocking the doors and letting her go free, i hope her daughter finds someone else to view as a role model otherwise we'll be reading her case in a few years!

Thursday, Jul 24 at 9:05 AM Momma wrote ...

What a joke! I at least hope she gets fixed so she doesn't have to dispose of any more innocent babies. Poor "Baby Doe". RIP little angel.

Thursday, Jul 24 at 9:04 AM Sue wrote ...

I agree with Jackie. Hubby doesn't look so good - as far as I'm concerned, he's behind this whole thing - let's try him! If anything, Kathy was an innocent pawn of this evil husband!

Thursday, Jul 24 at 9:03 AM stella wrote ...

The difference between abortion and what Kathy did is that abortion is legal. No matter how unfortunate that may be. THAT is the law.

Thursday, Jul 24 at 9:03 AM Katie from Berrien Cty wrote ...

I must admit, I didn't follow this case that closely - Ok, she denies being pregnant, other's close to her deny it also - DNA proves she was, was she ever treated for a Mental disorder? Since it appears that cause of death could not be identified (murder charges would require) - I don't understand why lesser charges were not chosen instead. I don't think the error was with the jury, I think it was the State not being able to prove its case with the counts charged.

Thursday, Jul 24 at 9:01 AM Old Friend wrote ...

The last time I checked Not-Guilty ment Not-Guilty. Poor Kathy and Gary I feel really bad beceause people are still going to hate on them eventhough they aren't guilty and how about there kids what are people can be so crule I just hope that you all can move on with your lives and I wish you the best Kathy I new in my heart you never did it.

Thursday, Jul 24 at 8:58 AM Sosinski wrote ...

Great job jury!! You have given me a little more faith in the justice system. For all you nonintelligent people out there, what don't you understand about "beyond a resonable doubt."

Thursday, Jul 24 at 8:57 AM anonymous wrote ...

I say take another dna test! If we can solve a case from 20yrs ago with the advanced tech.we have now. I'm sure they can figure it out, despite the condition of the newborn.And I'm tired of hearing the cause of death was inconclusive,who cares if the baby was dead or alive! No educated/sane person would leave their baby in a garbage bag in a field.You would take care of it in a more moral way!

Thursday, Jul 24 at 8:52 AM chris wrote ...

in response to a few comments:I noticed too how often she stood smiling (strange)...and God does forgive IF YOU ASK FOR IT. Our courts rely so much on DNA.I can't believe the DNA meant NOTHING in this trial! Where does that leave future trials?

Thursday, Jul 24 at 8:47 AM Michiana Woman wrote ...

Okay, so there is no solid proof that she killed the bsby, but DNA proved that it was her and her husband's child and they STILL deny that she was pregnant. That's what gets me. And we all know that there are crooked cops but give me a break, did they just decide to corrupt every professional in this case and for that matter why? It's not like the Phillips were a rich and famous couple that would pay the professionals off. Get over it people,she my not have killed her but that was her child.

Thursday, Jul 24 at 8:44 AM Anonymous wrote ...

The law says a person can only be found guilty beyond a reasonble doubt. The corner could not find a cause of dealth, and there was a possiblity that the baby had been born dead. I think the jury did an excellant job. Sometimes prosccutors rush to charges, with a very weak case. This was what happen here. This should have never been brought to trail with only the DNA evidentce, and a nurse who said she looked pregnant and a home movie. I think this is the right verdict with the evidence.

Thursday, Jul 24 at 8:37 AM Tim wrote ...

Gee, when you people don't get the outcome you want you complain! She was found not guilty! Deal with it! And we know the jury is always right! These are the same people who send you to jail! And because a just because Persecutor accuses you of a crime doesn't mean you did it!

Thursday, Jul 24 at 8:35 AM Steve wrote ...

Looks like its time for a new prosecutor...

Thursday, Jul 24 at 8:34 AM Misty wrote ...

What a joke the criminal justice system is! Who served on the jury? A bunch of morons??? What a joke!

Thursday, Jul 24 at 8:34 AM Beth wrote ...

Good Job Jury! NOT! Are you going to help OJ Simpson look for the real killers now? What a bunch of morons.

Thursday, Jul 24 at 8:33 AM Mary wrote ...

The venue should have been moved. The Jury all probably knew her and didnt want to put her behind bars. The Jury should be ashamed.

Thursday, Jul 24 at 8:30 AM George wrote ...

There is obviously no IQ test for jurors.

Thursday, Jul 24 at 8:28 AM James wrote ...

What charges will the Jury and prosecutor be brought up on? This is a travesty. This is NOT how the justice system is supposed to work. Did anyone in the jury have a high school education?

Thursday, Jul 24 at 8:23 AM Kit Kat wrote ...

It was all based on proving the baby had a breath - it didn't matter who was the parent. Can she be charge with improper burial?

Thursday, Jul 24 at 8:22 AM chester wrote ...

Even though it was possibly proven (DNA) she was the parent there was no actual smoking gun proof she killed the baby. Unless they falsified DNA evidence something smells fishy if she is related to the baby. Just because they did not have concrete proof does not mean something is going on.

Thursday, Jul 24 at 8:11 AM so... wrote ...

So there is a difference between dismembering a baby in the womb (one abortion procedure) or burning them to death in the womb (another procedure) or sticking an object into their spine while in the birth canal (another procedure) and putting them in a trash bag? What's the difference? Hitler would have approved of them all....

Thursday, Jul 24 at 8:10 AM todd wrote ...

This story was poorly reported. If she did not kill the baby. How did it get in a plastic bag next to their house?

Thursday, Jul 24 at 8:04 AM Pay attention folks! wrote ...

Here's proof....The prosecutor can't do the job!!

Thursday, Jul 24 at 8:02 AM Tonia wrote ...

I would like for every single person to go to the hospital and look throough that newborn nursery window at all those beautiful babies. How could you just throw one of those babies in a bag and throw it in a field? That poor baby girl. I believe Kathy will answer to god in the end. He will not let her go unpunished.

Thursday, Jul 24 at 7:55 AM COMMON SENSE wrote ...

JUSTICE HAS BEEN SERVED. NOW THE PROSECUTORS OFFICE NEEDS TO BE HELD ACCOUNTABLE FOR WHAT THEY PUT THIS FAMILY THROUGH!!

Thursday, Jul 24 at 7:55 AM Mike wrote ...

DNA evidence is not 100% accurate. There are some police that are crooked. Being a member of a jury is a big responsibility. Beyond a reasonable doubt has a whole different meaning when you are determining someone's future. Feeling someone is guilty and thinking they are from what you read in the papers is a lot different than having proof beyond a reasonable doubt. Guilty people walk this planet everyday. It doesn't mean that justice won't be served.

Thursday, Jul 24 at 7:55 AM Myrt wrote ...

Everyone- She wasn't weren't being tried for being the parent of Baby Jane, she was being tried for murdering Baby Jane. When you are on a jury, you are excluded from a lot of courtroom discussion. Beyond a reasonable doubt ..couldn't be proved the baby was born alive. While what she did sickens me, the jury did their job.

Thursday, Jul 24 at 7:55 AM Me wrote ...

DNA proved they are the parents yet they deny it. I don't understand how they just walk away. I hope they burn in hell!!!!!!

Thursday, Jul 24 at 7:44 AM Dennis A wrote ...

i agree, Joe. boy, there sure are alot of Judgmental People here... and you're all pleased with yourselves aren't you? reminds me of the witch-burning days of the past. my best wishes to Kathy.

Thursday, Jul 24 at 7:40 AM Jackie wrote ...

She seems to be the only one smiling. Poor hubby looks like he wants to scream.

Thursday, Jul 24 at 7:40 AM Living for the LORD wrote ...

Although many believe that Kathy killed her baby, there is one thing I know for sure - God forgives. The Bible says that when God forgives, He throws our sin into the sea of forgetfulness, never to be bought up again. There is no sin that is greater than the next. It's all sin to God. We cannot judge anyone for their mistakes or their infirmities. All we can do is seek God and ask Him to show us how to love someone despite their circumstances. Kathy God loves you and so do I. Be blessed.

Thursday, Jul 24 at 7:38 AM Baby girl wrote ...

Mommy why did you not want me? Why did yo leave me to die in that cold field? Did I not deserve to live? I did not do nothing wrong.

Thursday, Jul 24 at 7:36 AM say what wrote ...

abortion is the same thing, discarding a human life. if you disagree, then you agree with the mother's decision to discard a baby in a trash bag. you people make me sick!!!!!!!!

Thursday, Jul 24 at 7:34 AM some morons on here wrote ...

somebody said she was pregnant after this. did she have a baby?

Thursday, Jul 24 at 7:31 AM I can't believe this wrote ...

DNA proved that both parents were the parents. Do they have identical evil twins somewhere that set them up? How uneducated can this jury be? Does anyone really believe that Kathy Phillips did not give birth to this child?

Thursday, Jul 24 at 7:28 AM Berrien County Observer wrote ...

For those who think this is over, think again. She may still be found guilty in court...she can be retried IF new evidence is found. A not guilty verdict here simply means there was not enough hard evidence to convict her THIS time. The double jeopardy law doesn't apply since she wasn't CONVICTED. That doesn't mean that she may not be brought to trial at a later date. With the technology changing and improving all the time, they cause of death may yet be determined, new evidence may appear.

Thursday, Jul 24 at 7:25 AM Anonymous wrote ...

this is sick. the world is sick.

Thursday, Jul 24 at 7:25 AM Carl, LP-MC wrote ...

You people need to chill out. This is the way the system is designed. They could not prove that she was guilty and the jury decided that there was not enough evidence to convict her in this case. They made the right decision.

Thursday, Jul 24 at 6:52 AM JOE wrote ...

INNOCENT UNTIL PROVEN GUILTY SHE WAS FOUND INNOCENT QUIT CRUISFING HER

Thursday, Jul 24 at 6:15 AM me wrote ...

SEE THE LORD IS GOOD.LOVE YAE KATHY..GOD BLESS YOU AND YOUR FAMILY FOR STAYING STRONG THROUGH UNCALLED HELL BY ALOT OF PEOPLE IN THIS ONE TRACK MIND TOWN..

Thursday, Jul 24 at 6:10 AM Anonymous wrote ...

One day the Jury will be out and she will stand before the Judge of Creaton, God.

Thursday, Jul 24 at 6:05 AM Anonymous wrote ...

The justice system may have found Kathy Phillips not guilty, Yet we all know that something occured,My bible tells me vengenance is mine saith the Lord, If this women did do this terrible crime, then she will have to live with it the rest of her life and learn to not only forgive herself but ask the Lord to forgive her as well. along with everyone who was effected by this gruesome event.If she is indeed guilty, The truth will eventually come out. It always does,

Thursday, Jul 24 at 6:04 AM Anonymous wrote ...

This verdict is a joke and a travesty of justice. That poor baby deserved justice for what was done to her. Kathy Phillips may not receive justice here in this lifetime, but she will surely receive it in the next. I don't care how thin she was, I don't care if all her family members say she wasn't pregnant. DNA proved she and her husband are the parents of that baby and she should not get away with this. The jury members are a joke. They should be ashamed.

Thursday, Jul 24 at 6:04 AM Anonymous wrote ...

TO WHAT WOMEN DON'T DO THIS ALL THE TIME , IDIOT

Thursday, Jul 24 at 6:01 AM JUSTISE FOR BABY JANE DOE wrote ...

THERE IS A BIG DIFFERENCE BETWEEN GETTING AN ABORTION AND PUTTING A BABY IN A BAG DEAD OR NOT. ANYBODY IN THEIR RIGHT MIND WOULD KNOW THAT.

Thursday, Jul 24 at 5:50 AM what?! wrote ...

You people are so outraged??? Women do this all the time to babies. It's called "abortion." No difference between the two. You want to be outraged? Be outraged about that too!

Thursday, Jul 24 at 5:47 AM Laporte Guy wrote ...

hey jurors, hiding a pregnancy shows intent that she never wanted the baby.

Thursday, Jul 24 at 5:39 AM LAPORTE GUY wrote ...

SHE IS GUILTY. JURORS DID NOT DO THEIR JOB. PLAIN AND SIMPLE. THE EVIDENCE ON TV PROVED THAT SHE WAS GUILTY. LETS THINK FOR A MINUTE. 1) DNA TESTS PROVED SHE WAS THE MOM. 2) THE BAG MAKER PROVED THAT THE BAG WAS THE SAME. 3) SHE LIED ABOUT EVER BEING PREGNANT. 4)ANYONE IN THEIR RIGHT MIND WOULD NOT PUT A BABY IN A BAG AND THROW IT AWAY LIKE TRASH. THATS LAPORTE FOR YOU

Thursday, Jul 24 at 5:17 AM SOUTH BEND MAN wrote ...

SHE MAYBE NOT GUILTY BY PEERS BUT SHE IS GUILTY BY THE LORD FOR DOING A HELPLESS CHILD LIKE THAT.

Thursday, Jul 24 at 5:13 AM anon wrote ...

HEY TOM, WHAT I DON'T UNDERSTAND IS HOW CAN THIS LADY THROW THE BABY IN A BAG LIKE TRASH. SHE WILL GO FREE NOW BUT SHE WILL ROTT IN HELL. I KNOW THE JURY FOUND HER NOT GUILTY BUT SHE IS GUILTY. FIRST YOU NEVER HAD A BABY AND NOW IT HAD THE CORD WRAPPED AROUND ITS NECK. THATS LAPORTE FOR YOU. DURING THE TRIAL SHE WAS ON TV SMILING AND LAUGHING LIKE SHE WAS AT THE FAIR. GOD DOES NOT LIKE UGLY AND SHE IS DEFINITELY UGGGGLY.

Thursday, Jul 24 at 4:28 AM Mayberry Usa wrote ...

I swear. You want to commit a murder, come to laporte and you will get away with it. I bet if she was tried in mayberry use with any griffith as judge, jury and pros. she would have been found guilty. Sad cuz mayberry usa doens't exist. What does that say? A tv show would have found her guilty and laporte can't seem to solve any murder cases its ever had. (oh except the one where the kid was being sexually assulted by his brother and had enough and killed him) where were was the justice there?

Thursday, Jul 24 at 4:27 AM modh wrote ...

SO she won't be charged with anything? This town didn't put her through anything...she put her self through this.Even if she didn't kill the baby, she left it out in the elements...there must be a law for leaving the dead out in the open. I don't understand she doesn't have to answer to that charge?

Thursday, Jul 24 at 3:51 AM one of the jury wrote ...

As a response to we should have been sent home and returned in the morning it was our choice to come up with a verdict even if it took all night, we were not forced in any way, just to let you know

Thursday, Jul 24 at 3:43 AM one of the jury wrote ...

we did what we thought was right. The law is the law we were held to very strict rules all feeling had to be put aside the prosecutions should have presented a better case, the burden of proof was theirs not the defence. we the jury struggled for many hours over what the state had presented us and with what the state presented, just wasn't enough. reasonable doubt is what brought the not guilty verdict.

Thursday, Jul 24 at 2:52 AM OMG wrote ...

Hopefully there really is a God and he will stop her at the pearly gates and send her to hell where she belongs !! Obviously Justice won't be served during her time on earth !!

Thursday, Jul 24 at 2:43 AM Tom wrote ...

Hey Forced Justice and South Bend Man, "Not Guilty" by a jury means she is free to go. She cannot be retried for this. What do you not understand. Whether the DNA says she is the mother or not, The jury felt there was not enough evidence to say she killed this child or neglected it. If the evidence was that circumstantial, The prosecution should have withdrawn the charges until they had a case they could win. They didn't. That means she is free to go and not look back.

Thursday, Jul 24 at 2:32 AM Jen wrote ...

Thank God. Kathy, have peace now! I hope you can have a good life now in this stupid town that has put you through hell.

Thursday, Jul 24 at 1:53 AM SOUTH BEND MAN wrote ...

SHE IS GUILTY, GUILTY, GUILTY. THE DNA TESTS PROVED THAT THEY WERE THE PARENTS. THE MAKER OF THE TRASH BAG SAID THAT THE BAG THAT HAD THE BABY IN IT WAS ALSO THE BAG THEY HAD IN THEIR HOME. DON'T LET THIS WHITE LADY GO FREE

Thursday, Jul 24 at 1:16 AM Forced Justice ?? wrote ...

Look how late it is and they still have them in deliberation ?? Let them sleep and start again in the morning with a clear head !! Sounds like forced Justice here, sure I will vote your way just to get the heck out of here !!

Thursday, Jul 24 at 1:00 AM My Guess wrote ...

I beet she is found not guilty of murder only because of the condition of poor baby jane where they could not confirm she was born alive. In any case, take solitude in that she is in gods hands now and not in the hands of this physco !!

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