Jury Deliberating on Day 13th of Sean Phillips Murder Trial After Closing Arguments

[XLFD]

After three days of jury selection, and nine days of open trial, Day 13 looked to be the last, at least before the jury deliberates.  Yesterday, in a surprise gesture, the defense waived any witnesses, before making a request to the Honorable Judge Peter Wadel to make a directed verdict.  After reviewing the law and hearing counsel arguments from both sides, the judge decided that first degree murder was off the table.  The jury would only consider the option of second degree murder, however, they would also have the option of choosing an involuntary manslaughter charge.

Just before the judge arrived in a well-attended courtroom, Detective Mike Kenney continued his bullying behavior (as he and Det. JB Wells did with a retired judge) by kicking a bunch of folks out of the first row in the audience on the prosecution's side.  He, Detective Wells, and a couple of other investigators sat themselves in the vacated chairs, even though they would not do anything during the proceedings to follow.  Funny, there were no reserved signs on those seats.

Before the jury sat, Defense Attorney Glancy noted Phillips had decided to invoke his right to remain silent in his defense, as anticipated.  When the jury sat, he then stated the defense rested. 

Judge Wadel read the custom jury instructions, some parts of note: 

Do not let sympathy or prejudice hamper your decision.

What you decide is final. 

In matters of law follow the judge's instruction, not either of the parties or their counsels.

You must presume innocence, only finding guilt if they have no reasonable doubts.

Do not assume anything just because the defendant did not testify.

Some things are not evidence: lawyer's statements, that a trial being held establishes guilt.

Do not consider stricken testimony, decide only on evidence presented.

You can consider the defendant's peacefulness, his demeanor as a factor

You can weigh in the testimony of Ariel and Reshaun their past dishonest behavior.

The testimony of police and officials are to be judged like everyone else.

Expert testimony also need to be judged as to whether they make sense.

He then explained the elements of second degree murder and involuntary manslaughter, before giving the floor to Attorney General Prosecutor Donna Pendergast (below center).

As is common, her closing statement lasting a little over an hour mentioned the word murder often, directly calling Sean Phillips a murderer at least seven times.  She smartly used the TV screen to show a picture of Kate to begin with, she would show other major pieces of evidence like the prison letter, before leaving the screen on a remote branch of Millerton Road, where Sean is thought to have went. 

She spoke alternatively seeking sympathy for what happened with Kate and seeking anger/vengeance for what Sean did.  Nothing was alleged, everything at this point was absolute and damning for the defendant.  A brief look at her statements:

"No dad here, but a murderer."

"...found the coldness of hands that put her to death."

"a clinical assessment will get you to see there is no reasonable doubt."

"Evidence points in only one direction... there is no doubt that she died."

"Ariel Courtland is not on trial here."

"Ariel Courtland is a lot different in 2016 than she was in 2011."  [see 2015/2016 stories Ariel Courtland Assault Arrest Report Filled with Fibs and Ariel Courtland Found Guilty of Assault and Battery Last Week to consider whether it has been a change, or to the good.]

"...fictional adoption scenario..."

Misquoted Sean as telling officers:  "I know that I'm not telling you the truth."

Said prison letter was self-serving and narcissistic.

Said that method is not an element, the act of defendant is.  She then noted there was no forensic support of the 'confession' letter, and it shouldn't be believed other than he was angry, and injured/killed Baby Kate.  Offered her own suspicion that strangulation or suffocation occurred.

"What was it like to dump a four month old baby naked in the woods."

Noted Sean Phillips is real, they can see him.  Kate is not, just a picture on a screen of what she looked like five years ago.

"All evidence points to one direction, and one direction only."

Noted the lack of finding a body is not illustrative for the lack of trying.

The defense then gave its closing arguments, a brief overview of the statements given by David Glancy, who lingered quite a bit on doubts he had pushed at the appropriate times during the trial after thanking the jury for their diligence:

He warned them not to consider this case on emotions.  Abortion and adoption had been discussed throughout, primarily by Ariel.  The record shows she was more fixated on these options than Sean, who admitted to having growing feelings for Kate. 

He dismissed Dan Ruba's testimony (regarding hiding a body) as talk done by men after drinking and smoking marijuana, done two months before this happened, although he emphasized other Ruba testimony regarding his quietness and reluctance to argue.

Asked why Sean would do the DNA test, and why their arguments would start over Haley that day if there was any plan or motivation to kill Kate.

Recalled that Sean was cooperative, calling police, complying with searches and interrogations.

Wondered why Sean would still have clothes in his pocket and other stuff in the trunk if he was trying to conceal a murder.

Noted that the state has a reasonable doubt themselves over death because of their sending Kate's DNA samples out to Boston to see whether their unknown dead girl may have been an older Kate.

He tried to show that the Wendy's incident as described was possible and said prosecution hasn't shown that it could not have happened.  [But I did: The 'Impossible Murder' Confession of Sean Phillips]

Noted, Sean had the opportunity to get rid of incriminating evidence, never resisted.

After he finished 36 minutes later, Pendergast offered a 22 minute rebuttal that featured:

"Where is the baby?" she started.

The defense wants you to "try this hat.  If you don't like that, try this hat."

She took umbrage over being claimed to have misled the jury by the defense.  Reiterated that the puzzle pieces fit only one way. 

Noted that Sean had chatted with Abram Hernandez (fireworks vendor) for 20 minutes about the National Guard, [presumably] after the terrible events of that day. 

At 11:48 she finished and two jurors (#10 and #12, both male) were dismissed.  A final jury of seven women and five men began deliberating.

In my opinion, the prosecution did a good job of closing this case, even though I would still be leaning towards an acquittal, because their 'theories' are compelling but unsubstantiated with evidence.  The lack of both a body and any conclusive forensic activity showing a death occurred should be fatal for any kind of murder charge, lacking a real confession.  Sean's defense did a poor job in not concentrating on the prosecution's shortcomings.

[Brad]

FYI... Jury was sent home till tomorrow..

...funny I found out thru WZZM...not local media...

[AQUAMAN]

Local media Brad is way behind on reporting, esp. on substantial matters, or so I think too. Whom were the two male jurors dismissed and why? I'd be willing to bet we have a verdict Thursday too.

[Brad]

No verdict. Jury to return tomorrow morning.

[XLFD]

One thing the jury did decide on unanimously:  Jimmy Johns' delivery for lunch.  I sense something will give tomorrow, being that it's Friday.

[AQUAMAN]

If no decision tomorrow, does that jury have to stay locked up until Monday? If so, then that of course could bring in a verdict soon, they've already wasted much of their time already there. How about Hungry Howies for lunch Friday?

[XLFD]

They've went out for lunch today downtown and have re-examined some exhibits.  I have seen no hint that they are to be sequestered through the weekend.  They have been breaking for the two days so far at reasonable hours, but it is also reasonable to believe that some in the jury might want to conclude deliberations so that they can get back to their regular routine next week after three weeks of pondering letters and baby seats.

[Brad]

[XLFD]

Brad, welcome to 2016 where you can get imprisoned for life for second degree murder by a jury of your peers when there isn't a body, isn't any forensic evidence that a murder has taken place, isn't any record of any past violent behaviors by the accused, isn't any hint of truth in a so-called confession letter, and there isn't any ill will or apparent ill motive expressed by the accused in the court record. 

There are plenty of scenarios that fit the evidence and do not involve a murder, there is another historically violent and unstable person who had the baby for a much longer time and could have killed or adopted away the baby, there is very little time to have disposed of a body so that it could not be found in the timeline advanced, and there is plenty of evidence that points to adoption being actively considered up to the day Kate disappeared. 

I am not a Sean Phillips apologist, I just do not like seeing people take the fall for a major crime that may not have even occurred. 

[Brad]

Agreed.
Thank you X for all your time on reporting, theorizing, interpreting, and commenting on this case. (And other crimes in this town)
IMO the public may never know what went down or where Kate ended up. If Sean knows of it or was covering up for any of it, that knowledge is what could of helped him. He had his chance to reveal it.
I truly hope and pray he can come clean with the truth for all the family's sake.

[Willy]

Thanks X, for your this excellent job of reporting. Was the letter ever proven to have been written by Sean?

[AQUAMAN]

I was pretty sure by Thurs, and early Fri. that the jury would be in with a mistrial or involuntary manslaughter verdict. This is not only Shocking, it's Unbelievable. I too am NOT on Sean's side, just the law as we all know it by cases and law books. Should be an easy case to appeal into the future imho. I saw the verdict on TV last night posted 7:12pm.

[XLFD]

The 'confession' letter had been tested in 2014 and found to be Sean's writing, and Glancy had acceded the point after it was, and didn't attest it in court.

I found it a rather shocking verdict from what I saw, and yet I don't see an appeal being successful if Phillips' parents don't buy him a real lawyer.