Sean Phillips Murder Trial of Baby Kate: Day 1: Openings and Ariel

[XLFD]

You may have seen and heard from these same characters in the 2011 preliminary hearing, the 2012 secret confinement trial, or the 2014 open murder prelim hearing relating their part in the disappearance of Baby Kate back on June 29, 2011.  For truly, the prosecution and the defense are both revisiting testimony frequently from those court proceedings in the first days of the Sean Phillips Murder trial.

For those who have followed the odyssey since 2011, the testimony they provided earlier hasn't changed over time (even though their recollections may have) so I have focused this article and will focus future articles about the open murder trial on the differences and additions between the earlier testimony, while providing links to other sources that are covering the trial as if this was the first time, for those who are first timers to the facts of this case. 

My coverage will therefore cover what is generally left out of the regular media coverage primarily for the "Baby Kater"  folks out there that know the ins and outs of this case from those previous trials and tribulations.  This will be the 'inside Kate-ball' place to go for those people, where they are encouraged to add their opinions, additional information, and constructive comments.

Thursday:  The First Day

Regular sources:  Check out WOOD Thursday's Testimony and COLDNews Thursday, video sources:

Supplemental Report and Notes: 

Court security was notably high, a MSP trooper and six sheriff deputies were positioned around the inside and outside the court.  Initially, they did not have a metal detector so I and other suspicious looking court attendees were given a thorough pat down.  By 9:10 the judge came in, followed three minutes later by the 14 member jury, all white, equal numbers of men and women.

Attorney General Prosecutor Donna Pendergast began opening statements shortly thereafter.  The accused, Sean Phillips, sat stoic while she referenced the unqualified 'murder' of Baby Kate by his hands and the multiple 'lies' he supposedly told to keep his secrets.   Among other things, Pendergast says Sean stopped at a fireworks stand at 3:17 PM, the record from 2012 had the operator state the time was between the period of 2:30 and 3:00. 

Pendergast tried to dismiss the black market adoption scenario by telling the jury that Sean (the liar and keeper of secrets) had said it was bunk later (but doesn't say when).  Overall, the prosecutor's tact was to appeal to the jury's emotions and paint Sean as a vicious, terrible guy who never wanted Kate, victimizing not only the baby, but her loving mother too. 

After a half hour, Defense Attorney David Glancy opened for the defense.  He characterized the prosecution's case as theories.  He advised them not to be overwhelmed by the large amount of prosecutor's witnesses (60), which wouldn't affect the basic facts of the case in that there was no physical evidence that a death had occurred, nor was there evidence that Sean had threatened the mother to have an adoption or abortion previously. 

Glancy advised the jury not to be swayed by emotions, but rather by the facts.  Adding that even if they believe a death has occurred, that there was no deliberate elimination of human life by Sean.  He stated that if they believe in parts of the letter that Sean was alleged to have wrote, that they need to accept all parts of the letter as an admission.  His statement was 15 minutes long.

After they reconvened, Ariel Courtland, Baby Kate's aggrieved mother took the stand, with her new baby-daddy Tom Rees coming in and taking a seat behind the prosecution.  She was initially asked about a text message she received the previous night from Kim Phillips, Sean's mother.  Pendergast implied that Kim was trying to influence her testimony when she told her to put aside her anger and explain that Sean loved his girls.  The line was dropped after the defense objected.  Ariel later explained that the elder Phillips have been like second parents to her and her daughters over the last few years, inferring it wouldn't be unlike them to give her advice-- which was much less than telling her how to testify.

Ariel talked over Sean's fears of being deployed to Iraq in August and how their kids would be raised.  She claimed her pro-life stance prevented her from using money that Sean gave her for an abortion for the abortion, instead using it to buy baby items.  The two trips to GR adoption agencies were admitted to be her idea, where she got paperwork but never finished them.  Ariel's original statements had her going to GR to use the bathroom, then had her later just looking at the papers.

She testified that they got into an argument before heading to the DHS going past the hospital.  She got out at DHS and quieted Kate who started crying, and buckled her back in.  She was previously unsure of that action.  Her original story also had her telling Sean explicitly that Kate was still in the car and that she was at least partially unbuckled from her car seat.  Read more about the car seat here.

A lunch break that started at noon and supposed to be resumed at 1:15 ran into some undisclosed problem and didn't begin again until 2:30.  Pendergast continued her questioning which involved a lot of 'refreshing' of memories.  Ariel would have a hard time remembering the exact events of the day, and so she would be supplied her previous testimony to refresh her recollections.  The amounts of times this was repeated may make jurors suspicious to the original truth of her statements. 

A couple of other interesting tidbits:  Ariel admitted that she had previously took Cassie Newman's car when she was 17 and got in felonious legal trouble for that, but related she became friends with her since.  She claimed a letter from Sean said that he threw her phone out the window on Stiles Road, which she looked for but never found. 

Two exhibits were entered, a letter from her to him in prison that elicited Sean's 'confession' letter, and Sean's letter.  She testified that when she received it she went to the beach and then showed it to Sean's parents, however it was later stolen from her purse, right before she told Detective Kenney of the MCSO.  Fortunately, the warden had extra copies. 

The day ended with the entry of her follow up letter.  The next day would feature continued examination by Pendergast, the cross examination and redirects.  Along with several other witnesses ending with Sean's mother. 

[Willy]

Very thorough coverage X. Great job.

[XLFD]

Thanks, Day 2 is in process, it will have videos as well.

[John Doe Jr]

In the Day 1 Part 3 video, Ariel consistently refers to Sean as "HE". Ariel never refers to him as "Sean" in her testimony, as if she is purposefully avoiding to blame him, by saying his name. Ariel is covering up for Sean because she expects him to do the same for her.  

[XLFD]

Good catch, but that may have not been the only reason Ariel used a pronoun for him.  Ariel has since had a baby with another man and carried another off-and-on relationship with him; he was also in the court room. 

The video links may not directly work, go to youtube (lower right corner) to watch the original video.