Baby Kate Kops Decide She is Dead. Change Focus of Investigation

[XLFD]

Due to the findings of a jury, the local investigators of Baby Kate are changing her status from a missing person who was unlawfully imprisoned to someone who was murdered.  Does that mean they will now ignore any leads in this case that presumes Baby Kate is still alive?  The public will never know, as this declaration ends with:  "No other information or comments related to this investigation will be released by any police agency prior to the arraignment of the responsible party on the appropriate charges."  Incredible-- the FOIA has just been overruled. 

I see this as a declaration that our local law enforcement officers want to avoid established protocols and any actions beyond trying to prove Sean Phillips "more" guilty.  It sure saves them the problem of having to investigate anything anymore concerning this case.

 

Phillips case now a 'homicide investigation'
PUBLIC -
Tuesday, June 5, 2012
The following statement was issued by Ludington Police Chief Mark Barnett, Mason County Sheriff Jeff Fiers and First Lt. Kevin Leavitt, commander of the Hart post of the Michigan State Police:
...
“Based upon the finding of guilt by a jury of his peers, Sean Michael Phillips has been sentenced to 10 to 15 years in prison for the unlawful imprisonment of his daughter — Katherine Phillips.

“The investigation into the whereabouts of ‘Baby Kate’ by the Ludington Police Department, the Mason County Sheriff’s Office, Michigan State Police and the Federal Bureau of Investigation is officially transitioning into a homicide investigation.

“Speculation during the first 10 months of the investigation that ‘Baby Kate’ was given to someone else is not supported by the evidence.

“Previous speculation as to the involvement of the mother, Ariel Courtland, in the disappearance of Katherine Phillips is also not supported by the evidence. Extensive investigation into Ms. Courtland has been conducted by multiple law enforcement agencies. It has been concluded by investigators, and through judicial proceedings, that she did not have the time, means, or motive necessary, or that she has any knowledge of Baby Kate’s whereabouts.

“It is our belief that the evidence considered by the 12 men and women during the unlawful imprisonment trial, along with new evidence and information being developed, will result in the issuance of additional charges.

“Investigators are convinced that one individual, Sean Michael Phillips, knows the location of Katherine’s body.

“Investigators remain focused and intent on providing justice for ‘Baby Kate.’ Whether or not Sean Phillips participates in that effort remains his decision alone.

“No other information or comments related to this investigation will be released by any police agency prior to the arraignment of the responsible party on the appropriate charges.”

[Lisa O'Brien]

I'm not saying he was the last person to have Baby Kate - personally from what I read I wouldn't have found him guilty. But he has been found guilty. So as far as the State of Michigan is concerned he was the last person with her.

[AQUAMAN]

Lisa, State's cases, and juries led by Judges statements behind closed doors and the public/court recorder, aren't exactly the most sobering, cogent, nor legal way to conduct a trial, imo. Right now, I like the arguments made by In Dulci and Sgt. Pepper, they do make some rational and convincing points, for sure, at least for me. And leaves us, or should, asking what new or repeated flimsy excuse can an impartial Judge have to betray this trial it's fair and impartial end? As has been already exposed time after time during this same Judge's oversights and questionable actions over a period of many trials and decades of abuses now being revealed. Hmmm. Now in his 70's and still hasn't retired?

[Lisa O'Brien]

Aquaman,

I didn't say I agreed with the way the trial was handled or the outcome. I believe like Masonco that if they had originally charged him with murder he would have been found innocent.  I think all along they were planning to charge him with her murder, I think the first trial was just laying the foundation.

[masonco]

I believe if they had started out with the murder investigation, there would have been a not guilty. In that case, I don't think they can bring other or lessor charges once proclaimed not guilty of the greater charge. With a "lessor charge" and  harsh sentence, someone might talk.

Now that he has been found guilty of a lessor charge that will stick, they can put the manslaughter charge on him but it is extremely difficult if not impossible to prove if there is no body.

Talking to an inmate of the prison system one of the conditions for parole in 10 years might be that he tell them what happened to the baby. After all, he is "guilty"  Who knows, he may spill the beans on Ariel once he has time to reflect his non future.

[Willy]

The prosecutor could have charged and tried him for murder along with parental kidnapping but did not do so because with the evidence presented he would have been found not guilty of the murder charge and would have become immune to any future  prosecution of murder even tho  new evidence linking him to a murder may be discovered.

[AQUAMAN]

If I'm not mistaken, the prosecutor dropped the original charges of 3rd degree murder, as well as parental kidnapping, and went to the lesser charges made. He ran scared because of the slim circumstantial evidence that was undeniable. And still, this overpaid/overexalted LPD claims to be the mastermind of Ludville crimes. Sickening at best, and sad at least. Keystone Kops is what our distant forefathers claimed of this type LE, sad and listless operational policy/investigations.

[In Dulci Jubilo]

I do not recall any murder charges.   I do believe that because the big Fourth of July weekened was just around the corner when this enfant went missing, LPD was very quick to "wrap this case up" and get someone charged and behind bars to alleviate any fears and a subsequent reduction in tourism.   They then simply refused to back down.   Unless LE has some very strong evidence that we are not aware of that points to murder, I feel they are perhaps blowing some type of smoke screen.   I have met this mother, and spoken quite a bit with her about the case.    She does not AT ALL appear to be the grieving mother of a missing child.  Quite the contrary.   Although I know that we all show grief in different ways, her concerns were much more about rumors of the father having "another woman," and "how mean the people on Facebook are" to her.     If the father murdered or kidnapped her baby, why does she continue to visit him every Sunday?

[masonco]

I tried to do a search on Mason County Press to get timeline including earlier charges, but was not successful in searching. Tried to search LDN, but again unsuccessful. Did not go to Grand Rapids news sources.

Part of my problem is lack of time here. Trying to move back into house, have trash all over back yard and HUGE yard has not been mowed this year cause I've no resources to fix and run tractor (brush hog)  let alone repair small riding mower. Don't have $$ so need to get what I can done now that I'm back home.

[XLFD]

You're presumptions on those topics are hard to argue against with what has currently been out on the table. 

I do presume that Sean Phillips is not a dumb individual, and the fact that Judge Cooper has assigned 10-15 years on the charge and the investigation has decided to concentrate on homicide should not disturb Sean's overall strategy of staying mute on the whole affair.  His prospects on appeal look promising to me, so if Judge Cooper gives him 10 years instead of  around 2-4 years doesn't mean anything if he believes, at this point, that he will appeal successfully. 

Likewise, a pointless murder charge, and it would be pointless if all they have is some germinated seeds and what they planted in the minds of the jury in the original trial, may help show on appeal that the State is engaged in scapegoating Sean Phillips for the disappearance of Baby Kate. 

[AQUAMAN]

I agree X. And I cannot agree with someone whom says, "But he has been found guilty, so as far as the State of Michigan is concerned, he was the last person with her". Then say in the next sentence that "they didn't say they agree with the way the trial was handled or the outcome". Which is it then? You can't have it both ways Lisa, because of the dicotomy that you pronounced. If a 21 year old jury foreman was led to make conclusions by the impartial Judge after the case was in deliberations, and would have been found innocent without that interference, then what are you talking about?  Gibberish is all I hear........with a typical liberal slant of wanting it both ways all the time, so you can never be wrong....what a hoot!

[In Dulci Jubilo]

I sometimes wish this forum had a "like"button.  Unfortunately, just because the jury came to a LEGAL conclusion, it does not mean that the evidence in the case was conclusive.    Most importantly, that when Cooper informed the jury that concealment meant not only hiding the baby from its mother, but from the people of the State of Michigan, they were forced to throw out almost all of the mother's 1.5 day testimony, much of it which was extremely self-incriminating.   He stated that if they would have considered her testimony, Mr. Phillips would have received a not-guilty verdict.   These jury instructions, as well as the prosecution's calling a surprise witness, and a Sixth Amendment issue surrounding the "note" found on Sean in regard to attorney-client privilege are all issues that Mr. Phillips' attorney have stated are planning to be appealed.    After very closely studying this case since this baby first went missing, I remain convinced that this is not just as "cut and dried" as the prosecution wishes it would be.   Mr. Phillips' conviction was a lucky break.    

[Willy]

I think the note was the noose that Phillips himself put around his own neck. That note was almost impossible to counter in court and the defense had no explanation for it.