Day 7 & 8 Highlights
Rushaun Burton- former cell mate of Phillips
Day 7 of the trial began with a former friend/cell mate of Sean Phillips, a man named Rushaun Burton, taking the stand. Burton says he spent months in jail along with Phillips, often discussing their respective cases while researching strategies in the prison's law library. Burton says in July 2012 Phillips told him something that shocked him:
"What he said to me was that he had a baby that was not his," Burton said. "What he said was he picked the baby up and he got rid of the baby."..."He said they can't charge him because they will never find the baby."
Burton eventually wrote a letter to the Attorney General's office disclosing this information saying it was "
weighing on his soul"
Court then adjourned to discuss how much of Burton's criminal history could be revealed to the jury
Day 8 began with Burton back on the stand to be cross examined by defense Atty. David Glancy who suggested that the convicted drug dealer is fabricating the story to gain favor with the parole board. Burton denies this & says he has never mentioned this alleged confession of Phillip's to anyone to gain favor.
Atty Glancy then nit-picked the wording of the letter Burton sent to the AG saying
“Finding a baby, a baby could still be alive if you refer to it as a body it’s definitely dead, correct?” questioned Glancy.
“Oh yeah if you look at it in that light,” said Burton.
Source 1
Source 2
Day 10 Highlights
JUDGE WADEL TOSSES OUT 1ST DEGREE MURDER CHARGE AGAINST PHILLIPS & THE MANDATORY LIFE SENTENCE IT CARRIED!
--Unbelievable but predictable considering how this judge has conducted himself thus far in this trial!
On Tuesday, the prosecution recalled a detective back to the stand to discuss the extensive searches done to try to locate Baby Kate. The prosecution then rested its case, at which time the defense requested a 'directed verdict of not guilty on all the charges' (which would give Judge Wadel, not the jury, the power to decide the case) saying
"this case may involve manslaughter, involuntary manslaughter, or an accident, but not premeditation"
The prosecution argued there was sufficient evidence for the jury to find Phillips guilty or 1st degree murder, even without Baby Kate's body
**.
The judges decision fell somewhere in the middle, citing a 'lack of evidence' on the prosecution's side, he dismissed the most serious charge in the case, tossing out the 1st degree murder charge & the mandatory life sentence carried with it. Left on the table for the jury to consider is the lesser charge of 2nd degree murder- which comes with the possibility of parole.
The judge told both sides to be ready for closing arguments on Wednesday.
Source
**The lack of a body in this case has been an 'issue' for Judge Wadel who already dismissed charges against Phillips once, before the trial began, but was over ruled by an appellate court. We then heard that he had made comments concerning his belief that no-body murder cases are 'fundamentally flawed', so this latest ruling is really not surprising-but still infuriating!
Closing arguments are underway, you can watch them live here:
http://woodtv.com/2016/10/12/closing-arguments-wednesday-in-baby-kate-murder-trial/
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VERDICT WATCH: as of 12noon today, the jury, (consisting of 5 men & 7 women), is deliberating Sean Phillips' fate. *praying for justice for Baby Kate!
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Day 3 of Jury Deliberations
I'm really surprised that there hasn't been a verdict yet!
Yesterday the jury assembled in the courtroom to ask the judge a question.
The judge did not read the question out loud & told the jury he could not answer their question. Later in the day it was reported that the jury was asking to see a certain piece of evidence. Again, the judge did not elaborate on what that evidence was.
The wait continues!......
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Verdict is in: jury finds Sean Phillips
GUILTY of 2nd degree murder!
After 22 hours of deliberations the jury came back with the verdict Friday night at 7pm.
It was the highest charge the jury could consider after the judge threw out the 1st degree murder charge earlier in the week, citing lack of evidence.
Sentencing will take place next month. The 2nd degree murder conviction carries a possible max sentence of life in jail.
After 5 years, finally some justice for baby Kate. Now if Phillips will just come clean about the location of her body. As atty gen Pendergast said to the jury at the end of her closing argument:
“How could there ever be enough justice for the unceremonious discarding of a baby thrown away like trash?”
Source
Rest peacefully little angel.
[doublepost=1476555870][/doublepost]Here's a short clip of the verdict: