Community debates verdict in Phillips murder trialby Troy Kehoe (tkehoe@wsbt.com)
Kathy Phillips stands outside the courtroom on Monday, July 21, 2008. Days later she was found not guilty of murder and neglect in connection with the death of a newborn baby found near her LaPorte County home. (WSBT photo) LAPORTE — The verdict from a LaPorte County jury had the community taking sides Thursday, after Kathy Phillips was found not guilty of murder and neglect charges. Prosecutors spent one week trying to prove Kathy Phillips killed her baby and left it in a field near her home. But early Thursday morning, the jury announced they'd reached the not guilty verdict. During testimony, a geneticist testified there was a 99.99% chance Kathy and Garry Phillips were the parents of the baby. But prosecutors had a difficult time proving the baby was born alive. Phillips and her husband did not comment after the verdict but her mother maintained Kathy was never pregnant. "My daughter would not take another person's life, least of all her child if she was pregnant," she said as the family emerged from the courtroom; their emotions running high. "But I said, Kathy it's over. It's over now." Emotions were also on a roller-coaster in local communities after the verdict hit the news. And even though the jury wasn't split, those we spoke with were, and the court of public opinion went into session. From restaurants, to hair salons and laundromats, the verdict was the "talk of the town." "I just heard it on the news," said one man. "We were just reading about it," said another. Debates over the outcome of the trial seemed to be everywhere. At Julie Kampf's office, it revolved around the DNA evidence. "I was shocked. I was really shocked. Everybody thought-- like I did-- with the DNA evidence that she should've been found guilty," the Rolling Prairie woman said. "They proved the baby was hers and that she was pregnant with it," agreed Traci Rice of LaPorte. "I think she should've been proven guilty. It will definitely be talked about around our family tonight, that's for sure." But others say the case has been decided, and debating the outcome is a waste of time. "If they were not able to find the evidence to convict her, she should've been acquitted. And that's what happened. After all, this is the United States of America," said Carol Arvin of LaPorte. "With the evidence they had, the jury made the right decision," agreed another woman, who asked to remain anonymous. The talk continued at other places as well. But there was one place that remained silent: the grave site of baby Jane Doe. No flowers adorned her simple plastic headstone. No visitors stood quietly near her grave Thursday afternoon. It's the same silence left behind by questions that remain unanswered, said some. "If she wasn't guilty, who was? Are they continuing the investigation? Was it even a murder at all?" asked Cody Jendrysek of LaPorte. For now, the answers are still unclear. But there is agreement on at least one thing from both sides: "The only explanation that counts is that of the jurors," said Phillips' defense attorney Rich Cook as he left the courthouse following the verdict. "That's the job, ultimately, of the jury to make a decision. And they did," said LaPorte County Deputy Prosecutor Jennifer Evans. That decision means Phillips cannot be tried again on the same charges. But some WSBT spoke with questioned whether new charges could be filed, for a crime like "improper disposal of a corpse." Prosecutors would not comment to WSBT about that possibility Thursday, saying only that the appropriate charges were pursued. "The state was looking to find justice for that baby, and that's the job of the jury," repeated Evans. "And they did." Friday, Aug 1 at 8:25 PM L wrote ...CT - I agree with what you wrote except for one part. If they found her not guilty of murder, then the jury is saying she didn't kill her baby. There is a reason for that. I think people in general need to understand there was a major lack of evidence in this case. The jurors did exactly what they were supposed to do. I, for one, do not trust the DNA test. I think it should be redone. And, no, I do not even know this family. Tuesday, Jul 29 at 5:02 PM disgusted wrote ...For all the people who are standing behind the baby killer must be related to her. That would be the only reason you would see things the way she does. I'm suprised you have the nerve to comment. Don't you have better things to do yourself. This is America and we the people have the right to speak out too. If you can't handle it then don't read our comments. Were not here for the baby killer. Saturday, Jul 26 at 4:40 PM Anonymous wrote ...whom ever thinks she is a hottie is as sick as she is!!! Friday, Jul 25 at 10:38 PM Hiding behind my curtains, peeking out. wrote ...O.K. Dennis you are a real hero. Now we all know exactly who you are. A guy named Dennis, who is an artist from this area. What courage. People will be knocking on your door just to bask in the glow of such bravery. Friday, Jul 25 at 7:21 PM CT wrote ...I was there everyday in the courtroom. Believe me, IF there was any proof the baby took a breath, Kathy would be in prison! Jury knows DNA proves parenthood. Neglect can't be charged, by Indiana law, if the child was not born alive. The expert doctor could not prove one way or the other.The jury had a hard decision to make. NO-ONE wants anyone to get away with murder. The JURY did NOT say she Didn't kill her baby.There wasn't enough proof to send her to prison on a MURDER charge.DA needed more Friday, Jul 25 at 6:38 PM Beedee wrote ...Dennis A, what I like about this forum and WNDU,s is that you can remain anonymous. Anyone who would state a controversial opinion in this day and age, public or private, is not very thinking. There are mega-tons of nut cases out there and many might be vengeful. That,s why I quit writing Trib. Voice of the people letters. It's safer to vent here. Too bad some of the comment approvers at this site are afraid and reject a lot of truthful offerings. Can't offend certain groups. Viva free press!!!! Friday, Jul 25 at 3:51 PM I figured it out! wrote ...It was the GRANDMA! Think about it, the grandma is so stuck on it being a good thing and God's will that her daughter has no responsibility for her baby being discarded. What reasonable grandma is HAPPY that there is nobody is being punished for the waste of her granddaughter? The one who did the discarding and does not want her daughter punished for her own offenses! Just a sad, sick story all the way around. Friday, Jul 25 at 2:54 PM Anonymous wrote ...what about perjury?? saying she was never pregnent? Friday, Jul 25 at 2:03 PM Anonymous wrote ...DENNIS A YOU SAID HAHA. THIS BABY DID NOT GET A CHANCE TO JUDGE Friday, Jul 25 at 1:48 PM Give me a break wrote ...Dennis your ignorant you are tellng us to get a life you are commenting on the same website so take your own advice. You know what the problem is with this world today? It is that stupid people are multiplying. Just look at Dennis. He's proof. Friday, Jul 25 at 1:32 PM Dennis A wrote ...and one final note before i get back to my life, as i've suggested to so many of you... i don't have a problem stating Who i really am, instead of Hiding behind the name "Anonymous". i'm Dennis, an artist from this very area. is it Cowardice that prohibits you from stating your real name? if this is such a major issue.. let's have a live community debate. i'll show up, but you all hiding behind your lil "identity"... do you have the courage to face your convictions Live and in person? bye. Friday, Jul 25 at 1:11 PM Dennis A wrote ...more like this "haha, you others have NO LIFE" i suggest strongly getting one of your own.. or continue to judge everyone who crosses your Path. Your Choice, you know. live in Hate, or live Free. Friday, Jul 25 at 12:47 PM Dennis A wrote ...yeah, i'm with Tim (way down below)... you people are Supposed to be all Holy & Righteous... whatever happened to "he who is without sin...?" well, i'm not religious (probably the farthest from) and yet i'm not talking about murder and Retribution and Revenge like the rest of you. Be Disgusted. Be Angry. the only one's you're hurting OR affecting is Yourselves. think about that. or can you with all of that Hatred built up inside? Friday, Jul 25 at 12:46 PM Anonymous wrote ...HA HA? are you kidding? an infant is tossed out like trash and you say haha. Friday, Jul 25 at 12:45 PM Lew wrote ...I would suggest she and her family move out of this area as everyone knows she's guilty with the DNA evidence. It's a shame there is no justice for that sweet baby. I don't know how Ms. Phillips can live with herself. Not-to-mention her always laughing and smiling, making a mockery of the entire process. Friday, Jul 25 at 12:38 PM j wrote ...to all the people who bring up religion, do you believe in a forgiving god or a vengeful god? i learned that he forgave our sins. i can't imagine he'd be sitting up in heaven just waiting for the day he can get his hands on this lady Friday, Jul 25 at 12:29 PM Dennis A wrote ...i think it's sad that this person's Life has consumed all of yours. what business is it of yours to judge her? None. you all will be punished and judged... well at least according to all of your various jabs & spouts towards Kathy. GET OVER IT people... and get on with your own lives. she's Not Guilty. Period. haha Friday, Jul 25 at 11:54 AM Disgusted wrote ...She's guilty and got away with it. Anybody who is a mother knows that they would have called 911 or some form of help. If that baby was already dead, why not leave it on someone's doorstep or at the hospital parking lot? Her baby was probably alive and she left it in a field. But it wasn't alone. The good Lord seen to that. Some day she will have to answer to him. I hope that he will be right there when she is ready to have children and he sees to it that she doesn't get that wish. Your sickning Friday, Jul 25 at 11:49 AM law student wrote ...I agree she is guilty but it seems that nobody understands how the law works,simplified,the jury couldnt find her guilty of anything other than what she had been charged with, under the circumstances they did the correct thing, its the prosecutors job to charge her with a specific crime, the jury cant do that, they find you either guilty of the crime your charged with or not, if anyones to blame its the prosecutor, try directing some of this that direction, thats who let her get away with this. Friday, Jul 25 at 11:41 AM Padre John M. wrote ...Say a Rosary for this poor soul. She needs the intervention of all saints to save her soul. In purgatory, may she will suffer more, but somehow, St. Rita of Cassia will advocate for her. Do not be cruel as she seems to be. Will you? Friday, Jul 25 at 11:38 AM The Littlest Victim wrote ...Rest in peace, Baby Jane Doe. You are much better off in Heaven than with a mother that somehow allowed you to wind up thrown away like trash and a grandmother who would protect your mother more than you. God bless you and keep you. We will still be praying for you. Friday, Jul 25 at 11:23 AM ME wrote ...So much hate in the emails if she is guilty she will receive her sentence shen she passes away. Friday, Jul 25 at 11:19 AM Tim wrote ...lol, I have no life either!!! But listen to yourselves. Some of you people are talking about taking her out and "killing" her and her family so that justice is done. Isn't that the same thing your saying she is guilty of? Friday, Jul 25 at 11:14 AM no do gooder wrote ...bag 'em schmag 'em....try to do anything to them and you'll be no better than the people who hide behind "god" and all their hoitey-toitey morals. it's over the baby was still born and they got rid of it....who really cares, if it's such a big deal adopt a baby and raise it as your own....i'm tired of all these do gooders trying to force their morals on everyone else. i know, i know, i'm going to burn in hell.....blah, blah blah. have a nice life hiding under your mommy's skirt Friday, Jul 25 at 11:00 AM statement for 9:08 AM Anonymous wrote ...You should really give people time to raise their hands - and, how do you know whether or not they are... interesting. Friday, Jul 25 at 10:59 AM TP wrote ...Devil yeah people did take care of their own dead but they buried them and did respectfully they did not put them in a trash bag throw them in a field and left to rot! Friday, Jul 25 at 10:56 AM Anon wrote ...Its funny these poor morons defending this woman who is a piece of trash It doesn't matter if they found her guilty or not guilty the fact remains the same. In the eyes of most people and God she is guilty what kind of person throws there child away? This woman is a cruel heartless piece of garbage and the people who defend her are no different whats next people are you gonna stick up for baby rapist too? Pathetic Friday, Jul 25 at 10:55 AM in the know wrote ...I feel bad for the jury! That was awful for them! They know she is guilty of dumping her baby, but couldn't prove she killed the child. Those poor people, they are feeling all kinds of sadness and anger. They were betwen a rock and a hard place. My prayers go to them as well as poor little baby Doe! Friday, Jul 25 at 10:11 AM d wrote ...She's guilty, but she actually believes she's not - that's the sad thing. Smiling all the way, even though the issue is a dead baby. DNA testing is so accurate these days. Unbelievable that the jury found her not guilty. Friday, Jul 25 at 9:49 AM american taxpayer wrote ...Lets just hope people run the phillips right out of town and if anyone finds these two in need just put them in a bag and through them in the wood's what goes around comes around!!! Also Mr. Devil give me a break you broke poor freek I hope you don't end up in a bag and tosed in the wood's because it's to expencive to take car of you!!!!!! Friday, Jul 25 at 9:16 AM devil's advocate wrote ...Why take a dead baby to a hospital? All you have then is an enormous bill for what? For them to tell you its dead? Seems more stupid to me than what the mother of this baby did with it. It was dead, you can't kill or neglect something thats already dead. Taking dead people to the hospital for someone to tell us they are dead is a really new concept in our society not 80 years ago people took care of their own dead. Whats so different about it now? Friday, Jul 25 at 9:08 AM Anonymous wrote ...everyone who was in the courtroom please raise your hands....that's what I thought. Friday, Jul 25 at 8:54 AM R. wrote ...Tim your life must be just as boring if your typing on here too! Friday, Jul 25 at 8:35 AM Anonymous wrote ...Yes babies are alive at conception, but babies can also be born dead. The state could not prove that the baby was born alive. I agree, that she was the mother and we will never know if the baby was alive or dead at birth or why she did what she did. But people live with the verdict, and I would have come to the same conclusion if I had been on the jury. Friday, Jul 25 at 8:32 AM leave her alone wrote ...Just leave her alone, she didn't do anything wrong. A group of her peers said so. Just let it go, unless you were there when it happened, nobody will know what went down. what's the diffrence of throwing a baby in your yard or in a dumpster. we all know people will hound this poor lady and never leave her alone. She should hold her head up high knowing the jury didnt find her guilty, she has nothing to be ashamed of. hang in there kathy, they will forget, they always do...and you really are hot! Friday, Jul 25 at 8:32 AM Common sense wrote ...The test said 99.99% NOT 100%. Another reason she is NOT guilty is common sense ... WHY would she leave her child in the field (is it illegal to give birth) and WHY would her husband be the one to find it. Why don't you ALL stop acting like GODS on a WITCH hunt. She is INNOCENT ... leave her alone and go pick on some other innocent person or better yet find the real person that did this! Friday, Jul 25 at 8:30 AM Tim wrote ...How about you guys just leave her alone and go back to your boring lives and quit being wanna be jurors. You people love your laws!!! And the law says reasonable doubt. Hahaha!!! Now that's what I call justice! Friday, Jul 25 at 8:28 AM earl wrote ...your riding the karma train now! Friday, Jul 25 at 8:27 AM BIG BERTHA wrote ...I's already got me a womans!! Friday, Jul 25 at 8:23 AM j wrote ...plain and simple, they brought her up on the wrong charges. they presented a case that they didn't have proper evidence to prove. i believe the dna evidence but the he said/she said about her 'looking' pregnant is as thin as air. if i eat a lot, i 'look' pregnant...and i'm guy. obviously, the parents are guilty of neglecting the baby. Friday, Jul 25 at 8:09 AM pb wrote ...She knows she's guilty. Her family knows she's guilty. Her lawyer knows she's guilty. What goes around comes around. I believe that poor baby girl will get justice some day. Friday, Jul 25 at 7:43 AM bee wrote ...if shes not guilty why did she get rid of the baby in a field and not at the hospital.because she didnt tell anyone she was pregnant and babys are alive from conception.weve all heard stories like this before and those people were found guilty.why not her?must have been that smile.she makes me sick. Friday, Jul 25 at 7:38 AM anon wrote ...She is guilty Karma always comes around and I hope she gets what she deserves. She is a Baby Killer and deserves to be in prison where she can become Big Bertha's new girlfriend Friday, Jul 25 at 7:35 AM Anonymous wrote ...the DNA didn't lead to the verdict, Roscoe. It was the fact that the DA didn't prove beyond a reasonable doubt that the baby was bornd alive. Had they'd proven that, it would be a different story. Be thankful the verdict was not guilty. It would have been turned over on appeal. Friday, Jul 25 at 6:24 AM AK wrote ...She's as guilty as OJ! And she's standing there smiling, knowing she's gotten away with it. Friday, Jul 25 at 4:12 AM Roscoes back, and NOT HAPPY wrote ...100% minus 99.99% appearantly equals enough doubt to force a not guilty verdict. God's ways are not our ways and you may be sure that His way WILL prevail! Friday, Jul 25 at 3:43 AM At Least !! wrote ...I can understand how the Jury found her not guilty of murder based on the evidence BUT how did they find her not guilty on Neglect Charges?? She hides the pregnancy, denies the pregnancy, and tosses the baby !! I know you can put human ashes in your yard but a human body?? Hopefully the inner guilt with punish her but I dont see anyone in their right mind doing this so I am sure they both sleep well at night !! Friday, Jul 25 at 1:00 AM Anonymous wrote ...look at that smile i still dont believe she is innocent theres only one man that knows here faith Friday, Jul 25 at 12:40 AM Anonymous wrote ...shes a hotty Friday, Jul 25 at 12:21 AM Diane wrote ...I'm glad I wasn't on that jury. We'd still be deliberating, because I feel that she's guilty, with the evidence I've heard from the media, and I wouldn't give up. Add a commentMost Popular
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Friday, Aug 1 at 8:31 PM L wrote ...
digusted - people that jump to conclusions without the facts and call names, no less, merely show their ignorance. And, as I said before, no, I do not know this family.