Phillips Open Murder Prelim Day 3: Admissions and Confessions

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 This morning, the preliminary trial convened at 9:00 AM but there appeared to be a problem.  The defendant was not in the courtroom.  Sean Phillips was still being held back in the jury room when Judge Peter Wadel called the court in session.  But this was quickly remedied and Donna Pendergast from the Michigan Attorney General's Office, an expert on trying murder cases sans bodies started by bringing three exhibits to the court's attention.

                          (Sean Phillips in court today, Ken Stevens, Mlive, July 31, 2014)

These Exhibits were labelled 1, 2, and 3 by Ms. Pendergast, before the judge decided that they should be relabeled 15, 16, and 17 for clarity's sake since they had Exhibits 1-14 the previous two days back a couple of months ago.  If you remember those two days(chronicled in this group), you will recall that the hearing was recessed so that the defense could verify the handwriting of Sean Phillips' prison letter admitting a few things about what happened to Baby Kate.

Exhibit 15 was the results of a DNA test of the envelope sent with the letter, presumably the spittle used to seal the envelope.  It showed that Phillips' DNA was on the envelope, the defense had no objections for its admission.

Exhibit 16 and 17 were handwriting results for the letter and the envelope.  Both showed Phillips as the author, with no objections from the defense.

Ms. Pendergast then went into detail about why Sean Phillips should be tried for open murder, laying out motive, state of mind, opportunity, and other evidence of guilt, keying in on the prison admission letter.  She refused to label it a confession letter, something that both the judge and Defense Attorney Glancy both called into question.  She referred to the Nelson Case repeatedly to lay the claim of why this case was even stronger than that when it was bound over for trial.  She made a compelling argument for the cause; Prosecutor Spaniola said nothing throughout the proceedings.

Defense Attorney Glancy argued that none of the evidence provided for the court, including the confession letter from prison, showed the intent needed for first or second degree murder (either one of which can be found in an open murder charge) that the prosecution wants.  He admitted there was plenty in that letter to charge his client with manslaughter, a charge the prosecution doesn't want to apply.  The rest of his argument effectively downplayed the motives, state of mind, etc. that the prosecution brought up.

After Ms. Pendergast reaffirmed why she thought the testimony of Demario "Death Row" Burton was relevant and believable, the judge decided on the fate of the preliminary by... saying that his decision will be made in about two weeks whether to send it up to the Circuit Court.  Thankfully, after the Circuit Court judicial primaries that pits Glancy and Spaniola (and two others not involved in this mess) against each other again. 

SUMMARY:  Defense admits prison confession/admission letter into evidence, contests open murder charge due to lack of intent, judge defers decision for two weeks.  Todays proceeding was over within an hour of its start.