Baby Kate Trial: Week Two

[XLFD]

A synopsis and quick analysis of today's (4-23-2012) proceedings, the sixth day of the Trial of the Millenium (in Mason County):

 

I presumed today would start out with handwriting and computer forensics, in the analysis of the mysterious letter presented before the weekend.  It began with a computer forensics detective who testifiedwhat was found on two computers one at Ariel's and one at Sean's as well as an SD card.  He recounted a variety of sites visited:  several regarding New Mexico and adoptions therein, MI paternity sites and adoption sites, "Hide my IP", searches for fake adoption papers and forms, and including a visit to parentprofiles.com (the site mentioned on the note) by a user registered as Sean.  Profiles of adoptive couples in MI were checked.  The other computer also had a link to the parentprofiles.com link under the user name of Ariel.  Being that it has been acknowledged the couple were talking about adoption, this isn't conclusive proof of any wrongdoing on either or both parties.

 

Then a MSP trooper, Eric Young testified that he checked out the two couples in MI that were looked at by the computer searches.  Both couples allowed the police to search, with no sign of Kate.  He was excused and a recess for lunch ensued. 

After lunch lead detective Tom Posma (the county commissioner's son) of the MCSO testifies with an audiotape of the interview he had with Sean shortly after Sean was taken in for questioning about 6:30 PM on June 29.  I have seen Posma's interviewing technique (luckily not firsthand) and he is good at his craft.  Sean, unlike how he was initially portrayed did volunteer some information to Posma.  Basic questions are asked and Sean replies frankly and fully.  They talk about the fight for custody of Ariel's older sister, and how they've been fighting over things the whole week.  They argued the night before, and when they had driven to the DHS.  He claims to have taken Ariel and Kate around until dropping them off at home, thereby establishing that he had saw Kate that day. 

He later affirms that statement, that both Ariel and Kate were dropped off at Birchwood around 2 PM.  He claims he and Ariel have talked often about the adoption of Kate, and Ariel has him help her in the process.  Posma presses Sean to say that he had actually drove off with Kate, but Sean clams up.  The prosecutor stops the tape where Detective Posma emphatically asks:  "Where's Katherine?"   And the day has come to an end.

 

It looks as if the prosecutor is getting better at court cinematography, but here's what I would be seeing at this time.  Barring some amazing admission tomorrow morning  the tape by Sean, I see this tape as some evidence that works to the defense's advantage.  Sean comes off as oblivious to the implications of what Posma eventually springs on him, and when pressed on doing something illegal, realizes that the detective is accusing him of something heinous, and does what someone who thinks he may be charged with would do, defend himself by not making any further statements. 

If there is no more substance on this tape, which I believe there isn't, it makes perfect sense for Sean to quit talking (if he is innocent) and wait for a mouthpiece.  Television teaches us that one lesson at least.  One would think if he was guilty from the start, that he would have either not talked at all, or unwisely  build a story that might not be substantiated by the known facts.  He didn't do either. 

As with the morning testifiers which involved looking at websites that most anyone in the same boat may visit, and the lack of any witnesses to adoption, this actually helps prove reasonable doubt about the charge being prosecuted. 

Other testifiers today: an FBI official who found nothing suspicious in either Sean or Ariel's financial activities, LPD's Officers Haveman and McMellen who conducted a search of the Birchlake Apt. with no significant results, and Sean's parents house where they turned up mud crusted shoes (near swampland, gasp!), and MCSO Steve Hansen who checked their phone records, again finding nothing suspicious.  I was amazed there has not been any rigorous analysis of Friday's note, one must assume the prosecution wants the jury to take it at face value.

[Lisa O'Brien]

I've been reading up on this case here, the LDN and on facebook's WMOM  morning madhouse page. And it baffles me that Ariel wasn't looked at more closely. 

[XLFD]

The official line is that she has never been a suspect, and that has troubled a lot of people.  The prosecution evidence so far could be used about as effectively against Ariel than it has been on Sean.  A lot of the evidence shows that maybe both were in on it, but excluding Ariel from consideration is a stance that the prosecution has never really explained to the public.  And they really should, just to quiet the detractors a little.

You likely have a good mix with your sources, Lisa; the LDN slants more to the prosecution's side, the WMOM site has a more neutral stance (good for them), and our coverage slants more to the defense's side.  The Torch is more of a 'news analysis' site than a straight news source, and my opinions and observations (or anyone else who comments here) could be dead wrong when all is said and done, but I appreciate you making us your short list! 

[masonco]

There has been blow by blow reports from Mason County Press on facebook.

TV 8 and 13 have been giving good reports as has MLive.(Grand rapids paper)

Don't depend on LDN for facts, just basics to use to search the grand rapids news sites. Expand the list

[Lisa O'Brien]

I can't seem to find Mason County Press on facebook, but I'll check out the other news sources. I'm not saying either is guilty or innocent - but given what I read about her so far, she doesn't seem stable and to me would be a prime suspect,

[XLFD]

Here's a link to Mason County Press Facebook page, for your perusal Lisa.  At the Torch, we facilitate the dissemination of the news even if we are not the source. 

Besides, MCP has their own viewpoints on the trial, and I generally look over their live accounts, WMOM's facebook feed, and Leon Hendricks tweets, if I can't be there in person, to assist in relating the events here.

[Lisa O'Brien]

thanks

[XLFD]

Court is in recess today on day 7.  This morning had an FBI agent, Todd Reinick, testify more on the cell phone activities of Sean Phillips.  He said Sean's phone was turned off between 1:17 and 3:19 PM, which seems odd for someone unless he is trying to cover his tracks for those times.  Point for the prosecution in my book, but still circumstantial. 

A dozen calls were made after it was turned back on and his phone pinged on the towers in the picture below.  Sean's dad, Larry Phillips was then called to the stand by the PA.  He emotionally related several events regarding Sean and Ariel's relationship, and said Ariel wasn't welcome over at their house due to past incidences.  He related a time when she was alleged to have taken some money off the premises.  He looked as if he too wanted some answers to the whereabouts of Baby Kate.  His concerns seem to be sincere.

[Lisa O'Brien]

Maybe Ariel was blowing up his phone and he just shut it off so as not to deal with her, maybe he was in an area where there was no cell service for the 2 hrs.

[XLFD]

Several explanations are possible, that at the forefront.  He left abruptly due to an ongoing argument and didn't want to deal with it.  But this seems more compelling than what has been pushed by the prosecution so far, which I think means the prosecution hasn't been very successful.  They keep flinging things around, and the "unlawful imprisonment" angle, which is what they are trying to show Sean did, is getting lost in the background by various witnesses being questioned to prove various things.  That area of Millerton by the way does have very weak cell phone service.

[XLFD]

Afternoon testimony is finished, Sean's dad was replaced by expert testimony: 

1)  MSP detective James McDonald saying he had reviewed the cell phone records made by Sean through his phone.  Beside what was revealed earlier, nothing new.

2)  MSU Soil Science expert James Crum, he believed the soil found on Sean's shoes were from the western part of Mason Co.  Admitted under cross-examination that he can't tell exactly where the soil was from or how it got on the shoes.

3)  Plant biologist Dr. Frank Telewski (pictured) testifies next.  You can tell he's a plant biologist by his tie.  He said the various plant materials found on the shoes were from a swampy area, the Sutton's Landing area being most likely, quite a ways away.  Defense objected to his testimony, and later admits that some of the matter could have possibly been from the area around Sean's home.  That's where they were found. 

At this point one wonders why eyewitnesses have not up to this point been asked about Sean's footwear that day.  If he still had Kate's clothes in his back pocket, why wouldn't he be wearing the same shoes?  Interesting forensics, but the soil and plants on some shoes led nowhere.  MSU Plant expert Peter Carrington follows up with some interesting blow-ups of the plant material.  Cool, but effectively irrelevant.

4)  After a short break, Kim Phillips, Sean's mom, takes the stand.  It is consistent with her husband's, and she relates that Sean rarely confided in her about things regarding Ariel.  Also consistent is the prosecutor's apparent desperation in getting any sort of damning testimony or help from those who raised Sean.  The day is over.

[XLFD]

MCSO (formerly with LPD) Detective Mike Kenney took the stand first this morning, Day 8. Kenney says he spoke with Ariel around 6 PM the day Kate came up missing, a little over 4 hours after its reporting, and got warrants to search Sean's phone, car, and residence. He noted that "we didn't know who took Katherine" before that interview, and apparently accepted Ariel's testimony without question. Recall Ariel's phone was allegedly left with Sean, but was not among her regular effects in the car when searched. Kim and Larry Phillips behind their son, Sean.

Time out. That's too bad, if her phone was there and on, Sean's whereabouts could have been better traced. But its absence also disallows us from retracing the whereabouts of Ariel prior to Kate coming up missing. The wealth of information in Sean's phone about his whereabouts could have offered us some clues to her whereabouts prior to the disappearance.  That is, if Ariel's phone was left in Sean's car. 

Kenney further testifies that cell phones can track Ariel's whereabouts but not Sean's. DA Smedley objects to this, and states Kenneys observations are a waste of time for the court as two cell phone experts already commented on this. He then points out a chart with a timeline on it of Sean's activities that day, but Smedley notes it has nothing about him buying fireworks, the charts Kenney presents are admitted as "demonstrative evidence" not as "evidence". [Incomplete, just like the prosecution's case.] The rest of this morning goes over the details of the timeline starting early that morning with call records and security tapes of the hospital. The prosecution intimated there would be some meat in today's testimony, but so far, I just see unpeeled potatoes,

[Lisa O'Brien]

I read on Mason County Press -Ariel and a girlfriend were laughing in court today. The more I here about her the more I think they have the wrong parent in custody.